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Thursday, July 09, 2015



Dear Editor,


It is profoundly painful to find that matters

have come to such a sorry state of affairs. 

In three of my earlier posts I had raised  a pertinent

question; why none of the three Case Handlers 

sought clarification  from the court  on the SC’s

Interim order dt 7-5-2015 before it was closed

for  the vacation, especially when the order,

according to their own perception and

understanding, was utterly confusing.  


Was it  legally not feasible or they had other things on their minds? Why should they grope in the darkness when  they had this option  right royally in front of them.  None of them has come out with any convincing answer  for adopting this stance and  for choosing to remain silent till such time the mandated 6 weeks were over.  Perhaps, all of them  had strong hopes that , this time around LIC  will have a change of heart and  implement the court order according to their own sweet wishes.

Are our leaders so naïve  to have placed complete trust in LICs/GOI’s intentions?. Has LIC /GOI  at any time in the past  shown the slightest inclination to  see  facts  as they are and take  remedial action, as far as this case of ours is concerned?. On the contrary, they did everything to see that the case is stretched and stretched  eternally. We thought that the denouement was dead close when LICs SLPs against Jaipur verdict was dismissed by the SC. But then, every time they faced defeat, they manipulated the legal machinery in such a way to snatch a fresh lease of life.  Thanks to eminent lawyers like Dr.M.Singhvi and Harish Salve for their legal acumen and political clout. 

This being the reality, both Mr.SrIdharan and Mr.M.S.Murty  thought they could successfully negotiate the terms of settlement  based on  7th May SC order on DR and Pension Upgradation  by discussing it with MD and ED (personnel).  In one of my previous posts, for  pointing out that this is nothing but mere hype and publicity stunt , I was cautioned by one of them that I was ‘Crossing the Lakshman Rekha’. The music that Mr.Sridharan is facing  today is a result of  totally negating the clarification route and relying too much on  the credentials of the LIC  officials. Would our friends now like to  turn around, and yell  “Art thou Brutus!!!”  If this is not a Self-inflicted injury , what else is? They owe an explanation to the pensioners community for side-stepping this vital route.

Let us not miss the point. The GOI , through the LIC  want to obfuscate  the issue  by muddying the Interim Order to their advantage, so that they can  prolong the case till the next hearing.  In the  background of a pensioners forum which is totally divided, they have decided to fish in the troubled waters. Their asking for particulars of the members of the Federation is  a deliberate attempt on their part to  lead Mr.Sridharan into a well orchestrated trap. As anticipated by them, we are stuck up in the quagmire.  We are  first pensioners and then only members of  a representative body entrusted with the task of  championing the cause of the pensioners.  

In the legal parlance, if ’In Rem’ means  all the pensioners, it is illegal on the part of LIC to have asked for the plethora of particulars by further sub-dividing the  community of pensioners on the lines of cut-off dates. Thank God,  they didn’t ask the caste and religion  to which the members belong.  In my opinion, Mr.Sridharan should not fall into the trap by trying to collect  the particulars from eligible members. By doing it, he will be  setting a dangerous precedence. It should be construed as a purely legal issue and  he should  try to find  a legal remedy and solution to this  devious plans of LIC/GOI.  

It is reliably learnt that  in the Divisional centres, Federation activists are on the prowl collecting the membership fees. On the other hand, if Mr.Sridharan still believes that  he can sort it out  with the officials concerned in LIC  by successfully  evading LICs diktats, then we should not have any objection in the pre 8/1997 retiree –member-pensioners getting their dues , I mean 20% of the DR arrears. The nitty gritty of the error in calculations can be taken up later. As regards  LICs recent actions, can we any longer say “forgive them my Lord, they know not what they are doing”.
  • As regards the controversy  regarding publication of Circular No.4 of AIRIEF in the Blog, in these days,  when even marriages between the same sex are legalised  and FREEDOM  of choice is made more fundamental than ever, Mr. Asthana's  thinking is  totally out-dated and primitive. The Editor's hurt though was palpable, I personally feel that he could have exercised a little more moderation.  
  • Should we consolidate our gains  on the legal front  so far and pick up the threads from where we have left in September, at the cost of repetition I would like to stress that the Case handlers should break with the past, join together and work out an unassailable legal solution  by engaging effective  counsels. The time has not come for throwing up our hands in desperation.  Having achieved part victory, total victory  is only just two months away.
With Regards,