The
Order in the contempt matter in Chandigarh High Court is undoubtedly a setback
to LIC in its attempts to deny the interim relief allowed by the Supreme Court to
its Pensioners. Unfortunately LIC had no qualms even to hoodwink the Courts of
Law to pursue its chosen course.
To
go on an Affidavit that the withdrawal request was made in terms of the Supreme
Court Order of 7 May 2015, notwithstanding the SC stipulation: (“If any
amount that has been deposited before the High Court pursuant to the Order
passed by this Court, 20% of the same shall be released in favour of the
Life Insurance Corporation of India so that it can pay to the concerned
employees”) amounts to ‘perjury’ as far as the Petitioners before the
Chandigarh HC are concerned. We did not press the charge on those lines seeing
that the Judge had already appreciated the validity of our objection.
I was waiting to see the official
version of today’s Order before I share my thoughts with the pensioner
community in general and their representatives managing the Cases before the
other two High Courts viz., Jaipur & Delhi, in particular. Before I say
anything on what may be our next action in view of the reprieve we got in
Chandigarh, I recall some well-meaning advices of some of the regular PC
readers who thought that pursuing the interim relief order dated 7 May 2015 of
the Supreme Court is less important (and even wasting the precious resources)
than focusing on the main case posted for 23 Sept 2015. With due respects to
their logic, I wish to state that the interim order of SC has great
significance as I see in it, a clear message to LIC viz., “….. list the matter in items 1 to 5
“As the matter relates to grant of
enhancement of pension…”.
In other words, if we succeed in
getting the interim Order implemented correctly, by ensuring that the interim
payment includes amount payable on account of up-gradation of Pension, read: enhancement of pension by SC (instead of mere 100% DR to pre-Aug
97 retirees only) we have won half the battle well before the main the case is
decided by SC after 23 Sept 2015.
Hope our co-victims have gone through
the land-mark Judgment dated 1 July 2015 by Justice Dipak Misra in another
batch of Pension cases decided by him.
Is not the writing on the wall visible to all?
Today’s Order is to stop the
deliberate mischief of LIC. We have succeeded in our attempt. I am aware that
this Order by itself doesn’t pay the Petitioners 20% of their Rs 4.7 Crores. But if the withdrawal attempt was successful
and LIC magnanimously distributes Rs 6,73,567/- to the 31 Petitioners instead
of paying them Rs 93.47 Lakhs, will not the contempt petition become
infructuous? That was LIC’s game which is now stalled.
Yet another major piece of LIC’s
strategy was not to approach the SC by itself re the interim order of 7 May.
But still not expose to the charge of contempt. Now having withdrawn (got
dismissed) the Application to withdraw the money, can it keep quiet? Is LIC not
answerable to SC on the implementation of the interim Order? IT IS.
My sole aim now is to compel LIC to
knock on SC doors soon, with some prayer or the other. Such a move will open up
a golden opportunity for us to have the interim order clarified to LIC by the
Supreme Court itself.
We have a good case to plead that the
interim order of 7 May 2015 was meant for i) payment of 20% of the Pension dues
including up-gradation (enhancement) and ii) it shall be paid to ALL
Pensioners & family Pensioners. Total expected outlay of arrears to all
forty thousand pensioners is about Rs 3000/- crores and 20% of it shall be Rs
600/- crores. We should aim to get such an order passed by the Supreme Court.
The hearing in Chandigarh on 28th
July is expected to lead to an Order on the above lines. We are working hard to
achieve it and when we succeed, the scene of action moves back to the Apex
Court.
While the arguments and strategy of
the Petitioners in Jaipur, Delhi and Chandigarh in the final hearing on and
after 23 Sept 2015, may differ from one another, it is hoped that we sink our
unnecessary differences and fight together for proper interpretation and
implementation of the interim Order of 7 May 2015.
M Sreenivasa Murty
PS: After I composed the above Note to be mailed to you, I
came across in mail thread, Sri KML’s reaction to today’s Order by Chandigarh
HC. I read it a few times to understand his strange analysis.
While I did not
expect him to see or say anything good in the Chandigarh HC Order (probably
because I am directly behind it) I find his logic to be simply bizarre. Does he
mean that if LIC is allowed to withdraw Rs 6.73 Lakhs in Chandigarh, it will
leave the balance of about Rs 27 Lakhs in the HC registry, add about Rs 4.64
crores from its own coffers and pay Rs 4.70 Cr to the Petitioners there?
Oh, my
God, dear KML, get back to your normal self and read what you wrote again.
Well, I will not continue to bother you with my logic but I will certainly ask
you a question: Are you not going to oppose the Application filed by LIC in
Jaipur? By your own logic, are you going to let them withdraw the 20% there? If
you say ‘yes’ I only have to pity the plight of all those thousands of LIC
Pensioners who have been pinning their hopes on you. You can also hope to get
unstinted open support from GNS for your efforts.
On the other hand, if you change your mind, ask me
seriously, I will give you a line of unassailable argument that you may adopt
and oppose the Application of LIC in Jaipur. If you do so, the Application shall
get rejected in Jaipur also. That’s my word to you.
MSM