BASIC, FUNDAMENTAL PRINCIPLES AND POSTULATES - A RUNNING COMMENTARY OF SALIENT & SAGACIOUS ARGUMENTS FOR REBUTTAL OF UOI AFFIDAVIT, DISMISSAL OF SLP 29956 & 29957 OF 2011 AND TO CLINCH VICTORY IN SC AND JAIPUR HC.
SOME SAY IT IS A GRIM BATTLE, SOME FIGURE IT AS ‘FIGHT TO FINISH’,SOME SAY THIS WILL BE THE LAST OBSTACLE TO BE CLEARED TO GAIN PENSIONERS' SO-CALLED MISSION OF PENSION UPGRADATION WITH FULL DR FOR ALL — A REAL KURUKSHETRA BATTLE.
i) a) Delayed reaction from Government to sabotage our case and cause. Union of India (UOI) was represented by their Counsel during SJ Jaipur HC submissions. UOI COUNSEL HAS ACCEPTED THAT MATTERS OF PUBLIC POLICY ONLY NEED UOI APPROVAL. AFTER DETAILED, THOROUGH, PROLONGED DELIBERATIONS AND DISCUSSION ONLY, PENSION RULES, 1995 came into being. And so, any other aspect within such Rules promulgated, LIC can take decisions and then proceeded to finally announce verdict of pension revision substituting scales of pay after wage revision. Even after Notices were issued to UOI, they never went in for Appeal. GoI was not a party to any Appeals or Reviews either in the Rajasthan High Court or the Supreme Court. We should take a strong plea that the Affidavit submitted by the GoI must be rejected and not even allowed to be argued at all.
Fight to the finish is required. DB Judges, Allahabad questioned LIC Counsel in earlier years sitting in May, 2011, when LIC Counsel accepted LIC is prepared for pension revision and full DR. Earlier, in Jaipur case, when DB Judges asked LIC Counsel, why delay for 10/11 years, are they happy with thousands of pensioners death, LIC Counsel admitted 'Sorry'.
Jaipur DB judges asked and confirmed after LIC Counsel's positive reply (no withdrawal of LIC Board Resolution), the eminent Judges told, you can’t withdraw, we will not allow you to withdraw, it is now common property of Rajasthan HC. WHEN SUCH IS THE CASE, UOI wants to put the clock back. IS IT NOT RELEVANT, PENSIONERS? UOI SHOULD NOT EXHIBIT DISREGARD.
b) We should adopt all means, strategies, clever interpretation, forceful depiction, pathetic conditions of pensioners, majority above 70 yrs with ailment and diseases, PORTRAYED, LIC and UOI jointly killing the mind and mood of pensioners, with dilatory tactics, delay, flimsy grounds, especially in an egalitarian society and a democracy, respect to Elders and Sr Citizens and such noble values always upheld, whereas UOI always wants to establish its supremacy, unwanted interference in working of institutions, ESPECIALLY CREDIBLE, CREDITABLE and UNIQUE and NOTEWORTHY institutions of reputation and goodwill - LIC, strange and shocking!
c) When all promises are kept, when LIC has donned such a powerful and instrumental role in nation's economy, helped Govt to stabilise stock markets, lend tremendous assistance by way of Social Security for Aam Admi, inclusive growth and above all such a sterling contribution to Govt 5Yr Plans, Peoples Money for Peoples Welfare, in almost all sectors of people and society and nation development, and when Pensioners for long yrs 35 and more have done yeoman service and built foundation, erected fine superstructure, ably galvanised with Reorganisation in the 80s MADE THE INSTITUTION BEAR INTENSE COMPETITION WITH CONFIDENCE AND COURAGE, SUCH a Paltry pension, shame on the institution for no fault of pensioners. GOVT REGULAR PENSION IS FAR FAR HIGHER FOR COMPARATIVE CADRES. Many are not aware that even Govt Family Pension is higher than LIC Regular pension, even with all these facts, figures, reason and logic, public tribute standing, and unqualified praise from FM and PM, it is disturbing that Pensioners should be treated so bad, UNWEPT, UNHONOURED & UNSUNG
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