Referring to Mr Sunil Kumar Mitra’s
post entitled “ Is any body listening?”,
I give below my response on the points
mentioned by him:
S.M: (1). If we lose the case in SC, everything is lost.
C H M.: Theoretically, yes. If the cases had not been fought in the courts, even the success achieved so far would not have happened. Now sufficient strength has been built into our cases even to the extent of LIC having been ordered to pay interim relief to the petitioners. If the cases had not been fought in the courts, pensioners would have permanently lost forever.
S M : (2). Even if we win the case, the LIC will merely ask the boss (GOI/ MOF) for instructions, who will try their utmost to avoid implementation of the order (as has been our experience), in which case, we shall continue to fight in all possible ways.
C H M: We must have faith in our judiciary for getting its orders implemented, just as we have faith for obtaining a favourable order. Did not LIC implement the SC order in the gratuity case for all beneficiaries, even beyond the petitioners? Now that AIRIEF is going to get itself impleaded in the Civil Appeals before the SC, the cases will gain further strength of on a well organized legal struggle.
Once the Supreme Court issues an order to LIC/UOI, can they avoid implementation forever? Merely because the GOI is dragging its feet in OROP case, does it mean that they can deny justice forever to the ex-servicemen?
Fortunately, in India, Supreme Court can step in when needed, in my opinion.
S M: ( 3). LIC and GOI have no sympathy for pensioners. The top management of LIC is busy oiling the boss in MOF. The MOF is stubbornly bent upon depriving the pensioners of their legal and rightful due.
C H M : Yes,apparently so.So we have to explore our appropriate responses within our limitations.
S M : (4). Why then are our leaders (of all the associations) meeting the officials of LIC and GOI/MOF? Are they hoping to change the latter’s attitude? Or are they trying to inject in them any modicum of sympathy or ethics?
C H M : What is wrong in meeting the officials of LIC and GOI/MOF? Irrespective of outcomes, efforts have to be on through meetings where possible and necessary. After all, legal issues are not the only ones(although major) that have to be discussed with the LIC/UOI.There are also issues which are not sub judice, like Mediclaim and pension anomalies which are not under litigation.
S M : I think it is necessary to ignore the LIC/GOI/MOF altogether, and that any communication regarding pension should be made through lawyers only. Is anybody listening?
C H M : There cannot be an one-track approach but one based on multiple strategies.
My general observations:
If only the in- service employees’ Associations had been seriously insisting on upgradation of pension as an essential part of wage revisions from 2000, things would not have come to such a sorry pass today for the fraternity of pensioners. The gravity of injustice on account of lack of upgradation becomes only visible to the pensioners only after at most two wage revisions after retirement. Then they join the earlier retirees in cursing their fate. Now it is a ‘do or die’ battle in the Supreme Court for the pensioners.
Greetings.
C H Mahadevan