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| writes Srinivasa Murty |
(on Oct 1 and earlier in the recent past), to garner support from
an unsuspecting community of LIC pensioners by spreading
lies and distorting facts. I shall limit this Note to only where
my name was directly dragged in to a controversy or a negative
picture was attempted to be drawn on my role in the on-going
fight for justice to LIC Pensioners. If I may elaborate the point
further, there have been a number of burning issues (financial
and otherwise) between Mr Asthana & Mr Agarwal on one side
and Mr S N Chhabra & Mr B R Mehta on the other, long
before I even knew the latter duo. (HK, I don’t know even now
except through his mails). I am deliberately avoiding any
comments on their private issues, as I have no right to talk
about them and they are all capable of handling them as
they want.
I am also keen to take this opportunity (graciously given by PC, following an editorial
review of its own earlier stand) to make certain honest observations and do some loud
thinking which may serve the interests of LIC Pensioner community in the Final
Hearing by the Supreme Court, on 12 Nov 2014.
Here is my response to some of the more prominent and more objectionable comments from KML & HKA.:
From KML’s Post in PC on 21.09.2014
LIE No 1. “IT IS REALLY STRANGE THAT THERE HAD BEEN NO TALK WITH ME ON THIS SUBJECT (for making a mention before the Supreme Court) TILL DATE EITHER BY MR MS MURTY OR MR GN SRIDHARAN STILL THEY ARE TAKING MY NAME”
Truth: Apart from my several posts in the PC, I sent him a
personal E mail on 16th Sept which was also immediately followed up with him by SNC. Here is what I wrote to KML:
Dear Sri Asthana,
- Hope all is well with you. As you are well aware, the CAs which were all tagged and posted for Final Hearing before the SC Bench headed by Justice Dipak Misra, virtually remained where they were (around Sl No 48) for the last few weeks. I am sure you would agree that at this rate of disposal, our matters have no chance of reaching for arguments, in the near future.
- Our colleague-pensioners all over the country are naturally restive about the delay and many think something should be done.
- Mr Jay Savla, has been consulted. Mr Savla feels that we have a good case to 'Mention' before the Bench and request that the CAs be heard 'out of turn'. The fact that the CAs are already posted for Final Hearing and that ALL the Respondents are Senior Citizens, a good number of them being past 80, are sufficiently good grounds to pray for 'out of turn' hearing, according to Mr Savla.
- In the circumstances and with the concurrence of the Respondents/Pensioners in CA No 6995, Mr Savla proposes to 'Mention' before Justice Dipak Misra either on 24th or 25th Sept (before the Court goes on Puja vacation). Mr Savla thinks that if the 'other two Counsel' representing Pensioners in Jaipur and Delhi (ie., yourself & Mr Sridharan) support the prayer and make a strong similar plea, we have a fair chance of the Bench agreeing for out of turn hearing.
- This mail is to request you to give your best thought to the proposition and instruct your Counsel suitably. Will be obliged if you could let me know your response and action taken in the matter, at the earliest.
- I propose to be in Delhi on 24th and 25th Sept, for this purpose. It will be beneficial to all, if you too can make it convenient to do so.
While KML attacked SNC in his reply raising several other
irrelevant issues, he chose not to respond to my above
personal mail but went on to tell half the world that
nobody spoke to him on the subject.
LIE No 2. “THEY ARE TRYING TO TAKE CREDIT OF THE APPLICATIONS WHICH I HAVE ALREADY MOVED IN THE COURT FOR SEGREGATION OF THE DA/DR SLP AND UPGRADATION OF PENSION SLP AND MADE A REQUEST FOR IMMEDIATE IMPLEMENTATION OF THE JUDGMENT AND PAYMENT OF ARREARS OR AT LEAST FROM THE CURRENT MONTH AND DISMISSAL OF THE TWO SLPS”.
Truth: Take credit? For the Applications already moved by him? When I have been crying hoarse all these months that such Applications (and his two new Writs in Rajasthan HC) are all a futile exercise and will take him nowhere, do I want to take any credit for those Applications? If I get associated with such Applications, what I get is only ‘discredit’. Am I not proved right (in his own words now), that SC had virtually thrown them out on his raising these grand IAs on 23rd Sept?
“NONE OF THE TWO HAS ANY SAY IN JAIPUR SLPS”
He is right, for once. Delhi & Chandigarh have no say in Jaipur matter – What KML should know and admit is that likewise, Jaipur has no say in the other two. (More on this aspect in my concluding observations).
“EXCEPT CREATING HURDLES”.
Wrong again. The real hurdles are his own IAs. And his propensity to rush to SC whether there is a case or not. Luckily they all stand dumped now by SC.
“DELHI SLP, WHICH IS THERE, SLP CONCERNS ONLY DA/DR
MATTER WITH WHICH I HAVE LEFT IT OVER TO THEM”.
He rightly left. But to GNS – I or Panchkula have nothing to do with it either.
“I AM MORE CONCERNED WITH UPWARD REVISION”.
All of us are. But up-gradation will not come without DA/DR (on proper basis) for pre-97 retirees coming first. There again LIC is out to cheat – by its ridiculously wrong interpretation of its Board Resolution.
“AS FAR AS EARLY DECISION IS CONCERNED IT IS TO INFORM
ALL CONCERNED THAT EVEN FOR THE PRESENT
SLPS ARE NOT FOR FINAL DECISION BUT ON THE IAs ALREADY PENDING”
This is the biggest weak point of KML. One hopes he is ready to eat his words back. He is not only wrong (as proved already) but his postures on issues like this suggest avoidable arrogance. One can hold a view of his own but when an opposite view comes to his notice, should he not be prepared to double check? When all CAs were directed on 4.4.14, to be tagged and posted in the second week of August 2014, there was perhaps some uncertainty, whether it was for final hearing of CAs or not. But any Advocate worth his salt should know that when all the CAs were in fact tagged and listed and shown in the advance weekly cause list BEFORE A REGULAR BENCH (of Justice Dipak Misra in our case), to persist and insist that only IAs are listed and not the CAs for final hearing, is nothing but betrayal of one’s ignorance coupled with his unwillingness to correct himself.
“FURTHER MORE UNTIL AND UNLESS THE LEGAL REPRESENTATIVES
OF DECEASED RESPONDENTS ARE ISSUED NOTICES FINAL DECISION
DOES NOT SEEM TO BE POSSIBLE”.
Thanks to KML for the portion underlined. He conceded he is not sure. But the point is well taken and it got already examined long back. When SLPs are admitted and numbered as CAs, who served the Notices on each of the surviving Respondents? Obviously LIC, the Appellant. In respect of the LRs of the deceased Respondents, is not the onus to serve Notice still on LIC, the Appellant? Does it shift to the surviving Respondents because KML thinks differently and raises a false alarm? If the Appellant (LIC) failed to serve on some, for one and half years, can it take that by itself as a plea before SC not to take up cases for Final Hearing?
More on this too in my concluding observations.
“IN CASE THEY WANT TO WORK TOGETHER THEY SHOULD NOT PLAY THE GAME AT MY BACK AS HAD BEEN DONE WHILE MOVING THE APPLICATION IN CHANDIGARH SLP, OF WHICH THERE IS NO INFORMATION FROM EITHER OF THEM NOR A COPY HAS BEEN GIVEN, IT WAS NOT THOUGHT THAT CLUBBING IT WILL CREATE PROBLEMS.
FOR US OTHERWISE I COULD HAVE ALSO MOVED AN APPLICATION. I HAVE NOT BEEN PROVIDED WITH A COPY OF THAT APPLICATION TILL TODAY AND NOW THEY SAY MY CONSENT IS IN THE OFFING, REALLY STRANGE”.
Nobody is interested in playing any games either at his back or in front. When there was no application in Chandigarh SLP, how can a copy be given, even if it has to be given? What was proposed was only to ‘mention’ verbally before the Bench on 24th or 25th Sept. for ‘out of turn hearing’ with Notices to all the other Advocates on Record. All that happened about it, is now on record and exposed the sneaky way in which the ‘mention’ was made. It was an avoidable ‘gamble’ though.
“MY APPLICATION FOR IMPLEADMENT AND INTERIM RELIEF IN CHANDIGARH MATTER IS ALREADY PENDING SINCE APRIL. THEREFORE WHAT WAS THE NECESSITY OF MOVING ANOTHER APPLICATION”?
KML should know (probably he knows), as he has not ‘repaired’ it even after the Registry raised objections on his implead application, it was not numbered and will remain pending for all time to come.
“SIMILARLY EARLIER ALSO MR GNS HAD FILED AN APPLICATION IN DELHI HC SLP FOR DEPOSIT OF THE AMOUNT DUE TOWARDS DA/DR ON THE LINES AS HAD BEEN DONE IN JAIPUR HC, KNOWING FULLY WELL THAT THE SAID DEPOSIT WAS NOT PROPER AND OPPOSED BY ME. MOREOVER, WHERE WAS THE QUESTION OF DEPOSIT WHY NOT PAYMENT AND TO WHOM THE NAMES HAVE NOT BEEN GIVEN. THEY ARE CONFINING THEIR CASE TO THEIR ASSOCIATION ONLY AND THAT TOO WITHOUT GIVING THE NAMES IN RESPECT OF WHOM THE AMOUNT WAS SOUGHT TO BE DEPOSITED. TILL DATE HE HAS NOT GIVEN ME A COPY OF THIS VAGUE AND AMBIGUOUS APPLICATION EXCEPT TO HINDER THE SMOOTH PROGRESS OF THE CASE UNDER WHAT CIRCUMSTANCES”.
This was one of the few areas of agreement between me and KML. He was actually persuaded by me to file an objection to GNS’s untenable IA, as I had no legal right to do so myself, at that time. Eventually he filed some half-hearted IA but luckily it was not before the Bench on 4.4.2014. If it was available, LIC would have asked for and got some time to file a reply and there would have been no directions to tag and post all Appeals together. God helped where our friends were unwittingly messing up.
HOWEVER I AM READY TO WORK TOGETHER BUT IF THE INTENTIONS OF ALL THE PARTIES ARE FAIR AND CLEAR, LET THEM CONTACT ME AND TELL ME THEIR STRATEGY BEFORE I CAN GIVE MY CONSEN
(For this and the paragraph below, my response may be seen in the concluding remarks).
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