Mumbai High Court example (reproduced from LICPC archives)

DEAR SH GANGADHARAN,

GOING THRU THE MANY VIEWS EXPRESSED IN LIC PENSIONERS CHRONICLE IN THE LAST FEW DAYS, PENSIONERS ARE CURIOUS & ANXIOUSLY WAITING FOR AN EARLY SOLUTION TO THE IMPLEMENTATION OF SJ JUDGMENT DATED 12.1.10 IN LETTER AND SPIRIT. 

WITH DUE APOLOGY AND REGARDS I WOULD LIKE TO SUGGEST ANOTHER MOVE, IF FOUND FEASIBLE BY SH KML ASTHANA/AIRIEF AND OTHERS LIKE SH SREENIVASA MURTY, as under:-

NOT WITHSTANDING THE LEGAL PROCESS GOING ON, CAN/SHOULD WE PENSIONERS IN THE AGE GROUP OF 70 AND ABOVE JOINTLY & DIRECTLY APPROACH/APPEAL/REQUEST THE CHIEF JUSTICE OF INDIA FOR AN EARLY HEARING & FINAL DISPOSAL OF OUR CASES BY CALLING AND CLUBBING ALL PENDING CASES ON THE PLEA OF INORDINATE DELAY, OUR ADVANCED AGES AND THE FACT 40% (THOUSANDS) OF OUR PENSIONERS HAVE DIED. SOLICIT CONSIDERED OPINIONS IN THIS DIRECTION. SOME OF THE FRIENDS AGREE ON THIS ACTION.

WITH KIND REGARDS, H K AGGARWAL

Circular says, those eligible should apply for the grant of indulgence...

Did pension come first in LIC? 

Or is it in Reserve Bank followed by Nationalised 

Banks? Why did State Bank Staff agitate for 

parity in pension with other Banks and achieve it ? 

What were the events that ultimately led to the 

creation of us "Pensioners" as a class? Let us 

analyse the past with a view to understand the present",

writes Shri Ganga Raju among other points.

But a doubt naturally arises, is such an analysis 

necessary when the simple point of the need for a contact 

among persons fighting in a court for a common cause 

is being discussed ? 

Let us make a beginning. 

If Shri Murty's projected point suits this limited purpose 

of a common approach, let us discuss the same. 

That seems to be the need of the hour.-Ed.

I came across a mail from Shri Mulukutla Srinivasa Murthy addressed to " Leaders of Pensioners " asking them to " Leave the Past."

Shri Srinivasa Murthy felt that the pensioners' outfits are tackling the issue in the manner they deem appropriate. He felt unity of purpose is lacking. Adds for good measure that all the legal battles are getting fought against and amongst ourselves. He did not mince the words when he said " those causing delay are committing a Sin," and are possessed with " Court Mania," and that there is no modicum of accountability and that he appealed to whomever he met to stop working at Cross Purpose.

It is not my intention to enter into any polemics. Nor is it my intention to approve or disapprove some of the ideas. I leave the job to those who are leading the organisations as the mail is meant for their attention.

Basically all of us feel that the country does not need so many political parties. But democracy and constitution being what they are we see the existence of many of them. All of them are in public domain with the avowed objective of taking the country and people forward, of course, each in their own way. Will it not be heaven if each one does his duty without being told? There would be no need for Managers to manage the toilers.. Some 3 decades ago I read a book by one Mr. Manjrekar. He started his book with the sentence.." In India the teachers do not teach, the students do not learn, the workers do not work and the managers do not manage." Why I recollect these is, there would be no need for so many organisations if everyone saw things in only one way. Where is the need for separate organisations (even within LIC) for officers, fieldstaff, office staff and others? Would it not be ideal to have one organisation for all, presuming that the Chairman and Board Room represent management and all others covered by various regulations have the same interests. This is without taking into our thinking the invisible hand of the Government of the day that directs LIC to do this or stop doing that.. All of us will at once say this is all Utopian. Nothing is homogeneous. Heterogeneity is a fact of life.

Before we can speak of those working at cross purpose, would it not be better if we analyse what they are working for? To start with, take the legal battle itself. Will some hardworking gentleman prepare for our study a chart comparing each organisation with others and what they prayed before the Hon'ble Courts in their affidavits? The purpose would at once be clear as day light. Suppose one organisation is fighting for updation of pension while another feels that the management is correct in denying the benefit, they obviously have different goals and purposes. The pensioners will judge them accordingly. Then it would be very clear if the organisations are fighting among themselves or are fighting with the government/LIC who deny the benefit. If any organisation is fighting a legal battle against another organisation and not against the forces that be, it is high time we take note of them. Why would members of that organisation contribute and help the legal fight only to fight another organisation?

When we analyse the present and chart the course for future, the lessons of past must be taken. History tells us why we are like this and some other nation is where it is. My Mathematics Lecturer used to tell us, " when in doubt go to fundamentals." There is plenty of time before the next hearing in Supreme Court comes up. Meanwhile we have to witness the change in guard at the centre and the changes that would bring in the direction in which the country has to go. Our problems however serious cannot be viewed in isolation.

Let us start analysing how we got the Pension. Who stood for what in the campaign to achieve pension. Ultimately who brought it into LIC defeating the resistance from the then Chairman and Government. Did pension come first in LIC? Or is it in Reserve Bank followed by Nationalised Banks? Why did State Bank Staff agitate for parity in pension with other Banks and achieve it ? What were the events that ultimately led to the creation of us "Pensioners" as a class? Let us analyse the past with a view to understand the present.

This communication I would like to amply make it clear is to share my thoughts with you all. Out of the thinking of each one of us, ideas get crystalised and when men begin to act and implement the ideas they become a material force.

WITH GREETINGS TO ALL OF YOU. 

 B. Ganga Raju 

Hyderabad 6th April 2014

Optimism generated by Srinivasa Murty's vision

Mr Srinivasa Murty has been relentlessly pushing for united action all along. Thanks to his present visit to Delhi, there has been real progress in the right direction. We are fortunate that all the concerned in the various court cases were in Delhi and Murty met all of them, their advocates and possibly meeting some more people who matter, in the next few days.

Hats off to you, Mr. Murthy for your efforts. If what you envisage should happen in the second week of August at S.C. it should be a real game changer. It would ensure that all the VIJAYA we tasted last year would be converted to JAYA this year.

T SAMPATH IYENGAR, BANGALORE

Dear Mahadevan

Your mail along with the enclosure is like injecting a sense of realism in a situation so bereft of any hope.

I wish & pray things move on the lines suggested byour friend.

Do convey my 
appreciation & good wishes to him.

HAPPY RAMANAVAMI & Regards

D S Narain

Dear Mr BR Mehta,

The adjournment of the hearing of I.A. No 3 under C.A.9223 by SC to the 2nd week of August 2014 has provided a god-sent opportunity to the original petitioners under the three Civil appeals ordered to be listed together, to make a concerted effort to pray before the Apex Court for directing LIC to implement the respective stay-refused orders of High Courts,viz. Rajasthan, Delhi and PB & H, Chandigarh before taking up regular hearing on the Civil Appeals, which may take considerable time.

When three senior counsel three different original petitioners make similar prayers emphasizing before the Court that the old pensioners are anxiously and helplessly waiting for justice, the Court is bound to take cognizance of the strength of the case.

This is exactly the point that is being emphasized by Mr Sreenivasa Murty when he exhorts the leaders of the different Federations/Associations to come together as a united front for the common purpose of LIC Pensioners obtaining early justice.
I appreciate your reinforcing the call for such a move.

Kind regards.

C H Mahadevan

An Humble Appeal To All Experienced L.I.C.Pensioners 

Through Columns Of 

L.I.C.Pensioners Chronicle

At the outset, I wish to congratulate Sh.S.N. Murty from Hyderabad for his wonderful attempt for the welfare of entire L.I.C. Pensioners Community by sharing his views under the caption 'Leave The Past Behind - Move Forward On Mission Unity'.

for pensioners court cases

While endorsing fully his suggested line of action, I wish to share my views and Observations as below:-

1. Our Present L.I.C.Pensioners with a base of approx. 45000 are presently badly divided in four different camps as below.

• (A) AIIPA Camp with H.Q.at Chennai.
• (B) Retired Class One Officers Federation with H.Q.at Chennai
• (C) All India Retired Insurance Employees Federation with H.Q.at Indore
• (D) Neutral One i.e Not aligned with any of above three.

• Now let us ignore camp at Sr No 4 but discuss remaining three camps. Camp at Sr No One does not believe in legal battle at all whereas Camps at Sr Nos two and three are fully engaged in legal battle for welfare of entire Pensioners Community. Three Favorable Verdicts from three different High Courts could not help us and Our latest proceedings on 04.04.2014 in Supreme Court teach us that we are not fighting against L.I.C but fighting more against each other.

2. Organisations are more important than individuals.
3. Collective wisdom is more important than that of so called few individuals who are front runners.

4. History teaches us that United Battles always bring better results than divided battles.

5. Our practical wisdom tells us that biggest hurdle in launching united battles is due to very large ego of a few top individuals or their vested interests or a fatal combination of both.
6. L.I.C. Pensioners Chronicle is being read by thousands of L.I.C. Pensioners who are very genius and experienced but at the same time acting as just silent spectators.

It is my humble appeal to all those L.I.C. Pensioners who are reading LIC Pensioners Chronicle regularly to please play an active role to the best of their capacity in their respective organisations to force their respective leadership for a united legal battle by filing fresh applications in Supreme Court and engaging very senior and competent Lawyers to put up a joint show at Supreme Court in 2nd week of August, 2014 as suggested by Sh.Murty.

I pray to God to bless Sh. Murty for a great success in his mission. I can assure him that Panchkula Unit taking up legal battle at Chandigarh High Court is with him in this crucial hour .

B.R.Mehta

Panchkula 

mob no 09915040164

email id ; brmehta1952@gmail.com

ACTION PLAN - A VERY THOUGHTFUL IDEA

The Action Plan suggested by Mr Sreenivasamurty after his purposeful talks with our Leaders at New Delhi and after witnessing the I.A. hearing in person in the Supreme Court on 04/04/2014 seems to me a very thoughtful idea. It might not be very difficult I believe to implement if only we shed the parochial and narrow views to satisfy petty egos and keep the noble cause of LIC Pensioners as a whole for which all the Unions

and Associations are fighting for as paramount. There is not much of time left before us, the Seniors and Elders, to play this game leisurely as one would like.

The need of the hour is to consolidate our fragile power and scarce resources to achieve our cherished goal of Pension up gradation with every Wage Revision for in service employees similar to the scheme of Central and State Govt Employees. Of course the 100% DA for pre-1997 retirees will be taken care of automatically if the periodic up gradation is granted as per our demands.

Let us only hope and wish wiser counsel will prevail among our Great and Experienced Leaders. By closing the ranks and without frittering away the valuable and very little time left before us the Elders let us fight the common foe and conquer.


J M ABOOBUCKER. LONDON.

FIRST CONTACT HAS TAKEN PLACE AT NEW DELHI

action plan for court cases is chalked out...
what's now required is follow up
by Mr. Murty

SRINIVASA MURTY'S ACTION PLAN

The Action plan suggested by Mr.M.Srinivasa murthy is commendable and a serious thought should be given by our respected leaders. 

• Years of fight with LIC/GOI and courts have not cherished our goal. 
• The glorious battle won in Rajasthan HC on 12-1-2010 is the Magna Carta of Mr. KML Asthana and our Federation. 
• The hard earned Judgement should be utilised to best of advantage. A final and serious thought is the order of the day.  
• Pensioners and seniors like me want to see the benefits in our life time but who knows what's Almighty's plan. 
• A fervent appeal by all for the Big leaders to sit,ponder and come to a common plan of Action. 

May the tribe of Mr. M Srinivasa Murthy increase in our Federation.

C.L.Janakiram

Hyderabad.

Friends,

Thanks to the hearing in Supreme Court on April 4, I had valuable opportunity to spend ample quality time with M/s KML Asthana, Advocate RK Singh, SK Shukla, Dubey, Chhabra, Jai Dar and DD Gupta.

I also met Mr Amritlal briefly. Had a marathon and cordial session with Shri G N Sridharan this morning. Sought and got an appointment to meet Dr Pritam Singh on Monday the 7th April.
There is no doubt every leader and every organization is working hard to address the Pensioners' concerns to the best of their ability and they are pursuing the cause in the manner they deem appropriate.

What is lacking is the unity of purpose. As a result, all the valiant legal battles are getting fought against and among ourselves. LIC is heartless and the Government is mindless. Aging Pensioners are the losers. For quite a few, it will be too late by the time justice reaches their doorsteps. Pensioners’ addresses change into family-pensioners'. There are thousands among us who genuinely need the pension credited in to their accounts on 1st of every month and if what they receive is not FAIR, 

if not adequate, who are to blame?

Any organization or individual contributing to more delay instead of working towards early resolution of the pension cases is committing a sin by depriving their fellow-pensioners of what they are fairly entitled to. Is it not happening now through more IAs, more CCs more Objection Petitions and more WPs? What for? Whose money is being spent for the spate of fresh cases being filed? Isn’t this a kind of ‘court mania’? Is there a modicum of accountability? Are there a review and introspection after a case is filed and the petitioner gained nothing?

I have appealed to whomever I met, to turn a new leaf, to adopt new strategies and stop working at cross purposes. Most of the key players who heard my pleas agreed and committed support. From now on, let us work differently by building upon the successes registered already and not fritter them away. A lot more thoughts need to be exchanged and a lot more work done still.

SC Order dated 04/04/2014 is yet another golden opportunity to implement a joint plan of action when the matter is posted for next hearing. Take full ADVANTAGE of the following part of the Order:

"Post the application along with all the appeals in the 2nd week of

August 2014".

Towards this goal, a joint action committee may get nominated with people who can assist the representatives from each Writ petitioners. It shall be a joint fight and when it happens the battle is won.

Thank you KML and thank you GNS. Thank you Mr Chhabra.

Camp: New Delhi,April 5,2014

                                                                                

M Sreenivasa Murty

Recent development in court cases,  interpretations and the intention of various parties in the cases look rather perplexing.

S.C. case (4-4-2014), according to G.N. Sridharan, is "seeking direction to LIC to implement its resolution of 2001 in terms of Delhi H.C. Order".  The Delhi H.C. order is based on the Jaipur HC Order in toto which all of us have held to be glorious and pioneering order. Even though GNS plea in Delhi HC was for 100% DA, the court relied on the Jaipur HC order which appears more comprehensive. Then, why oppose GNS IA in S.C.? Asthana was not a party in Delhi case although his cause may be of common interest. I don't know whether any question of locus standi is involved. 

To-day's (4-4-2014) blog of CH Mahadevan and BR Mehta regarding interpretation of proceedings in respect of Chandigarh contempt case makes interesting reading. Just because all the words spoken in the court are not reproduced in the order, does it make BR Mehta's presentation of what happened during the proceedings not reliable?

Can any one dispute the Jaipur HC order dt. 13-02-2014 dismissing the contempt petition on the request of the petitioners advocate seeking liberty to seek clarification of Jaipur H.C. Order? And the court granting the liberty to seek clarification? Now daring what would happen if no clarification is sought ever looks preposterous. Doesn't  seeking clarification on Jaipur HC Order indicate lack of clarity in the order,which all of us held very dear to our heart, cast a shadow on the order?

LIC advocate seized this opportunity by presenting the copy of Jaipur HC order of 13th Feb and as this court's judgment is based entirely on Jaipur HC Order and presenting himself as a personification of virtue assured the court that any clarification given by the Jaipur HC will be implemented here. This submission appears to be reasonable and appears to have been accepted by the Chandigarh Judge in adjourning the case.

I fully agree with BR Mehta's observation " LET US ACCEPT THE FACT THAT SHADOW OF HAPPENING ON 13-02-2014 AT JAIPUR HIGH COURT WILL HAVE ITS IMPACT IN ALL THE FURTHER PROCEEDINGS EVERYWHERE TILL SOME NEXT POSITIVE ORDER WHICH CAN NEUTRALISE THE SAME ".

I am writing this with VC Jain's appeal 'to think seriously' (a continuous process with me) and certainly without malice towards anyone.

T SAMPATH IYENGAR

BANGALORE.

SUPREME COURT ORDER DATED 4-4-2014 - IA NO.3 CIVIL APPEAL NO.9223 OF 2013

ITEM NO.3 COURT NO.6 SECTION XIV

S U P R E M E C O U R T O F I N D I A

RECORD OF PROCEEDINGS

I.A No.3 in CIVIL APPEAL NO(s). 9223 OF 2013

L.I.C OF INDIA & ANR. Appellant (s)

VERSUS

FEDERATION RETIRED LIC CLASS 1 AS. & ORS Respondent(s)

(With appln(s) for directions, intervention and office report)

Date: 04/04/2014 This matter was called on for hearing today.

CORAM :

HON'BLE MR. JUSTICE T.S. THAKUR

HON'BLE MR. JUSTICE C. NAGAPPAN

For Appellant(s) Mr. Ashok Panigrahi,Adv.

Mr. Santosh Kumar,Adv.

Ms. Ashmi Mohan,Adv.

Ms. Pavitra Warrier,Adv.

For Respondent(s) Mr. P.P. Malhotra,ASG

Mr. Gaurav Sharma,Adv.

Mr. T.S. Murthy,Adv.

Ms. Sushma Suri,Adv.

Mr. Ashok K. Gupta,Sr.Adv. (Applicant)

Mr. Rajiv K. Garg,Adv.

Mr. G.N. Sridharan,Adv.

Mr. T.L. Garg,Adv.

Dr. Kailash Chand,Adv.

For Intervenor(s) Mr. R.K. Singh,Adv.

Mr. Kumar Gurav,Adv.

Mr. B.N. Dubey,Adv.

Mr. Tom Joseph,Adv.

Mr. Sajith P.,Adv.

UPON hearing counsel the Court made the following

O R D E R

Heard.

Counsel opposite may file their objections to this application

(I.A.No.3) within four weeks.

Post the application along with all the appeals in the 2nd week of

August, 2014.

|(Mahabir Singh) | (Veena Khera) |

| Court Master | Court Master |

JAIPUR COURT - CW 3508 OF 2014 - LISTED ON 09-04-2014‏

RB KISHORE

1.  FRANTIC EFFORTS HAVE TO BE DONE, ENTIRE ARSENAL OF LEGAL JURISPRUDENCE MUST FLOW, DESERVING & DOMINATING SUBMISSIONS HAVE TO BE MADE, JAIPUR HC WRITS MUST BE THE BEALL & ENDALL TO REVERSE -- THE BLOWS RECEIVED, AS IS EVIDENT FROM VAST BODY OF PENSIONERS, WITH FRANTIC ENQUIRIES, WHICH CANNOT BE BRUSHED ASIDE --WREST THE CASE IN FAVOUR OF  PENSIONERS BY PROCLAIMING THE SUAVE & STRONG ARGUMENTS FOR TWIN BENEFITS OF 100% DR & PENSION UPGRADATION WITH EVERY WAGE REVISION, WHICH IS THE BEDROCK & SHEET ANCHOR OF HON SJ BHANDARI'S JUDGEMENT, BY ACCEPTANCE OF BOTH WRITS 6676/1998 & 654/2007 ON PENSION UPGRADATION.

2. STRANGE CASE/S ARE DRAWING ON ENDLESSLY, SEEMINGLY NEAR-FINAL VICTORY BUT ELUDING US, & SO INTROSPECTION & REFLECTION IMPARTIALLY ON INADEQUCIES & INSUFFICIENCIES OF ARGUMENTS & COURT CRAFT BY REASONED, MELLOWED, ASSERTIVE PRESENTATIONS WITH A WHIFF OF FRESH BREEZE TO COME OUT OF THE IMPASSE, END THE UNENDING STALEMATE & DEADLOCK WITHOUT ANY ILLWILL OR RANCOUR.

3. ENOUGH & MORE THAN ENOUGH TIME HAS PASSED, WE CANNOT GO ON SAYING SAME REASON -- DELAY, DITHER, ADJOURNMENTS -- ESPECIALLY WHEN WE SEE, READ IN & OUT HC & SC IMARTIAL, FORCEFUL INTERVENTIONS & ADMONITIONS, REPRIMANDS TO ERRING AUTHORITIES, WHOEVER THEY MAY BE, & DELIVERING WONDERFUL JUDGEMENTS DEMONSTRATING & RADIATING THE SUPREMACY OF COURTS IN MAINTAINING & UPHOLDING EQUITY & JUSTICE. VIEWED IN THIS CONTEXT, WE ARE BEHIND, BEHIND REALLY & SO PLANNING & STRATEGY FOR 2/3 FINAL STEPS TO CLOSE THE CASE WITH UNSWERVING ARGUMENTS & CASE LAWS POINTING OUT LIC's ADHERENCE TO DISTORTION & TWISTING OF FACTS & DIVERTING TO MICRO INSTEAD OF MACRO MAIN THREAD OF VERDICTS WHICH ONLY SHOULD ENGAGE THE ATTENTION OF COURTS HEREAFTER CERTAINLY IT WILL BE ANAETHEMA IF AGAIN, WE ARE DRAGGED IN THE QUAGMIRE OF CALCULATIONS, INTERPRETATIONS OF BOARD RESOLUTION & FLY PAST INTO THE KERNEL OF HON SJ VERDICT, WHICH ALONE CAN END IMPASSE & ENSURE FAIR, FREE, FRANK TRIAL INDEED TO ATLAST CLINCH FINAL SUCCESS.

4. WITHOUT ANY COMMENTS ON ANYONE DEALING WITH THE CASES, PRINCIPLES SHOULD DOMINATE TO EXPRESS VOX POPULI, TO CONSULT & ENGAGE SR COUNSEL SRI P.S. NARASIMHA WHO WON US THE GRATUITY CASE, WHO IS HELD IN HIGH ESTEEM BY SC TOO. BELATED INTERVENTIONS & NOT APPROACHING HIM ON TIME, AS IT IS ALREADY DELAYED, MAY PROVE TO BE COSTLY .

WE GET DIFFERENT INSPIRATONS AT DIFFERENT POINTS OF TIME AS CONSISTENT & PERSISTENT THINKING INDIVIDUALS, DEVOTED & DEDICATED TO THE CAUSE OF ALL GROUPS OF PENSIONERS, WITHOUT ILLWILL OR RANCOUR, BUT PROMOTING THE ONE & ONLY JUST CAUSE OF WELFARE OF ALL PENSIONERS. I RECALL MY LAST CCC MARCH 2014 SERIES NO 120 OBSERVATIONS TIMELY HERE :

Please click below.

SUPREME COURT CASE ADJOURNED TO 2ND WEEK OF AUGUST 2014.

Mr GN Sridharan's IA was taken up as item No 3. There were interesting arguments for issuing the directions as prayed in the IA. Before the Bench took any view, Mr Asthana's Advocate brought to the notice of the Bench that he has filed an intervention Application against the listed IA. But it was not on the File before the Bench. 

The deferment is to enable ALL parties to file their objections in the mean time.

There were six Advocates (including mine) watching the proceedings. There were several versions on what actually happened.

There was no damage no gain today to anybody.

I am trying to sit with ALL.

Sreenivasa Murty Mulukutla

Sh. Madhava Rao adds -

Court is calling for 'objections' if any from LIC of India and Union of India.

Regards,

T.R.Madhava Rao.

SUPREME COURT CASE ADJOURNED. PLEASE AWAIT DETAILS.

RAJASTHAN HC ORDER PRODUCED IN CHANDIGARH

Let us accept the fact that shadow of happenings 

on 13.02 2014 at Jaipur High Court will have 

its impact in all further proceedings every where till some 

next positive order which can neutralise the same 

(are obtained), writes 

SHRI BR MEHTA.

This is further to a post from Sh.C.H. Mahadevan on above subject.

No body at this stage can question the original orders dated 13.02 2014 issued by Jaipur High Court as well as orders dated 14.03.2014 issued by Supreme Court. Initially our Advocate at Chandigarh High Court Ms Alka Chatrath handed over a copy of supreme court orders dated 14 03.2014 to Justice Mahesh Grover during 26th March hearing and exposed delaying tactics being adopted by LIC to honour the verdict of high court. 

• However, LIC Advocate handed over a copy of Jaipur High Court orders dated 13.02 2014 to Justice Grover telling chandigarh High Court verdict is based on jaipur high court verdict and a similar contempt petition has already been dismissed there on 13th February, Advocate tried to encash wording of jaipur high court orders dated 13.02.2014 with liberty to seek clarification and argued that whatever clarification is issued by Jaipur High Court, same will be implemented here also. 

Judge immediately announced next hearing date as 7th July without giving any further scope for discussion to our advocate.

Let us accept this fact that shadow of happenings dated 13.02 2014 at Jaipur High Court will have its impact in all further proceedings every where till some next positive order which can neutralise the same.

BRMehta

Panchkula

• Implication of Revised Mediclaim Salary Slabs 

• vis-a-vis 

• Legal fight for Pension Revision‏

The Central Office in their Circular dt 28/3/2014 have clarified that apart from removing the ceiling on maximum age of 90 yrs,the categories of Basic Pay will be as per their slabs of coverage earlier prior to those revised as per their circular dt 4th March 2014.


This by implication means that retired employees who were in higher slabs before wage revisions based on last Basic pay drawn under the group Mediclaim are notionally deemed to have been fitted in the revised Basic Pay that would protect their category even though their actual Basic Pay drawn might have placed them in a lower category according to the revised slabs.


This can be an additional valid ground to strengthen our case in our legal fight for revision of our Basic Pensions with every wage revision.

With greetings,

C H Mahadevan 

Dear Mr Basudeb Das,
The outcome of the CCP hearing in the PB & H HC at Chandigarh which was reported by others has also been reproduced in the "Eastern News-April 2014" as follows:

• "LIC Advocate told that chandigarh high court judgement is based on Jaipur high court verdict and a similar contempt petition has been dismissed at Jaipur with liberty to seek clarification. So we assure that whatever clarification is issued at Jaipur high court that will also be implemented here. Judge accepted plea of LIC Advocate adjourning case to 7th July, 2014."

We should remember that these words have not been exactly reproduced in the HC Order dt 26/3/2014. The HC has only ordered adjournment of the case for 7th July 2014.
Linking the Contempt Petition at another High Court with the CCP of the present Court cannot logically be done.  The CCP at Jaipur is already disposed of. There has been no application in the Jaipur Bench by Mr Asthana for any clarification as per the liberty granted by the said court while dismissing the contempt petition as withdrawn. Supposing no clarification is sought in Jaipur Bench till 7th July 2014, will the Chandigarh HC adjourn it indefinitely waiting for clarification from Jaipur Bench? What if Mr Asthana decides not to seek any clarification despite the liberty granted to him? Will the Chandigarh HC dismiss the Contempt Petition?

So, in my view, the reported plea of LIC counsel of linking the unsought clarification from Jaipur Bench to the CCP is not logically tenable and the CCP at Chandigarh will, in my opinion, be independently decided by considering whether the judgment of the said court has been implemented or not. LIC has clearly adopted a dilatory tactic by taking a frivolous ground. If LIC has any doubts on the Chandigarh HC Order, it is for them to seek clarifications from the same Court.

Let us see what happens on 7th July 2014.

Kind regards.

C H Mahadevan

"Issue Notice" (to LIC, the Respondents) in Rajasthan HC on April 2, was on expected lines. The hard truth is, it is a Notice 'before' admission. In other words, High Court did not show to the Petitioner, its indulgence via ex-parte admission followed by Notice to LIC to file its Counter.

Now LIC has all the time and opportunity to 'oppose' 'admission' of the Writ Petition. On legal/technical grounds like its maintainability etc., If and when the WP survives all the vehement opposition from LIC on the limited question of admissibility, then, even after 'admission' there is always the scope to drag the matter for long. That is what LIC prefers after all.   

Let's hope the Supreme Court hearing on April 4 does not also end up a damp squib, while LIC watches the drama with glee. 

The real solutions to pensioners problems lay elsewhere. 

Fight on multiple fronts, but from a single platform with a unity of purpose. Against a common enemy - LIC/Govt.  And NOT among ourselves, not against one another.                

--

Thanks and regards,

 M. Sreenivasa Murty

Formerly RM (Legal) & Law Officer

106, Hill County 

Nizampet Road, Bachupally

HYDERABAD 500090

+919177737356

DEAR SIR,

NO ESCAPE FOR BABUS FACING CONTEMPT PLEA. COMPLYING WITH ORDERS AFTER GETTING COURT NOTICE WON'T SAVE OFFICIALS, SAYS HIGH COURT. (NEW INDIAN EXPRESS DT 31 03 2014) 

THE MADRAS HIGH COURT BENCH COMPRISING OF ACTG. CJ SATISH K AGNIHOTRI AND JUSTICE KK SASIDHARAN SAID THAT ONCE A BUREAUCRAT COMMITS CONTEMPT OF COURT BY VIOLATING ORDERS OF THE COURT AND RECEIVES CONTEMPT NOTICE TOO, THEN EVEN IF HE COMPLIES WITH THE COURT ORDER IT WOULD NOT AUTOMATICALLY ABSOLVE HIM OF THE CONTEMPT CHARGES. 

HERE THE PETITIONER WAS SELECTED FOR SI POST BUT WAS NOT GIVEN APPOINTMENT ORDER FOR HER CONDUCT BEING NOT SATISFACTORY. SHE CHALLENGED THE ORDER AND THE SINGLE JUDGE RULED IN HER FAVOUR.  EVEN THE DIVISION BENCH PASSED A SIMILAR ORDER IN NOV 2012 DIRECTING DGP TO ISSUE APPOINTMENT ORDER BEFORE DEC 20, 2012. THE HC THEN DIRECTED HOME SECRETARY, TNUSR BOARD CHAIRMAN AND DGP TO BE PRESENT IN COURT ON DEC 20,2013 TO REPORT COMPLIANCE OF THEIR ORDERS OF APPOINTMENT. THE APPOINTMENT ORDER WAS ISSUED ON DEC 18 2013. THE CONTEMPT PETITION WAS CLOSED WITH THE ABOVE WARNING. 

THIS IS ALSO EXACTLY THE SAME CASE AS OURS, ISN'T IT?

A V SUBBARAMAN, COIMBATORE DIVISION

(We have not won any contempt pleas in HCs. Ed.)

JAIPUR WRIT PETITION

Court has directed Registrar to issue 'Notice' 

to LIC of India this week.

Adjourned to ? (short period)

Awaiting Court Orders in a day or two .

Regards,

T.R.Madhava Rao.

If we request the Manager F&A he replies he has

 sent the cheque to the Axis Bank...it should pass through 

Reserve Bank Server and at one point of time 

he replied that GOD ALONE COULD 

RESOLVE THE PROBLEM.

Sir,

RULES ARE MADE FOR BENEFIT OF THE USERS, NOT FOR RULES, writes Shri SK MAZUMDER. 

To day morning I could see the write up of Shri MAZUMDER. His good work worked out well in their Zone and yielded good results. L I C is obliged to accept his arguments.

In our Machilipatnam Division, we never could get our pension *on the first day in the first hour of the month. We requested our Chairman and one Shri Mourya from Central Office advised the Machilipatnam Division to credit the pension so that the pensioner could draw the pension in the first hour of the month. AIRIEF also lodged protest in this matter.

god will solve the problem...

The RM (F&A) SCZ also visited Machilipatnam Division and informed the Divisional Management the obligations of LIC towards the pensioners. To make a mention Shri Natarajan also addressed a letter to the Managing Director. But their Units of AIIEA and AIIPA are also here but they are also showing step mother treatment towards the pensioners problems.

If we request the Manager F&A he replies that he has sent the cheque to the AXIS Bank, it should pass through Reserve Bank Server and at one point of time he replied that GOD ALONE COULD RESOLVE THE PROBLEM.

We do not know who is the GOD to represent our Grievances.

With greetings,

L S R KRISHNA RAO 

_______________________

*I MEAN ON EVERY 1ST WORKING DAY OF THE MONTH AND ALSO IN THE OPENING HOUR ITSELF i.e. BY 10 A.M. BUT IN MACHILIPATNAM IT WILL BE CREDITED MINIMUM BY 02-30 OR 05-30 FAILING WHICH ON THE VERY NEXT DAY ALSO. 

RULES ARE MADE FOR BENEFIT OF THE USERS, NOT FOR RULES, writes Shri SK MAZUMDER.

It is a fact that Pension for March can not be credited on 31st March, but can it not be credited on 1st April when on line banking transactions are made? Even one can withdraw money from ATM on 1st April, as I did it to-day.

I narrate one of my experiences in the following few lines. In the year 2011, 1st october was a Bank closing, 2nd october has always been holiday, 3rd onwards for a fewdays offices were to remain closed (NI ACT) for durga Puja. According to older traditions, pensions were to be credited not earlier than 7th.

I emailed to ZM/EZO and pension cell/EZO requesting to issue instructions to divisions to take appropriate action. Actions were taken and pension was credited to respective bank accounts on 29/30th Sept. Since then, KMDO-I have been making disbursements mosty on the last day of the months with a few exceptions of pension credit on 1st.

Rules are made for benefit of the users, not for rules' sake.

--
Subir Kumar Mazumder

HARD FACTS...

April ok, other months?
During 2012-13, LIC has released
pension on last working days ...

My neighbour and her 85 + year father are GOI pensioners. She jocularly said that she gets "no pension" in March but gets "pension twice" in April every year ! 

Extract of Para 34 of Master Circular of RBI dt.1.7.2009 reproduced below for information.

Scheme for payment of pension to Central Government Pensioners - Staggering of pension payments by PSBs. 

• All agency banks advised to spread over disbursal of pension during the period of last four working days of the month, except for the month of March, which will continue to be credited on or after the first working day of April.

SN, a 1992 pensioner