RB Kishore

The writeup on Court cases & legal matters 

as also views & news of AIIPA about LIC 

Board Resolution or even observations on 

Hon SJ Bhandari’s judgement, especially 

looks queer & strange. 

When plethora of valid, clearcut interpretations duly substantiated, have been aired, for last many years, more so after 5/2010, it looks indeed improper etiquette on the part of AIIPA to endeavour, at the last stage, when all eyes are eagerly looking forward to a redemption for the frustrated pensioners, hoping for a final victory at the SC hustings from 12 Nov 2014. 

calm

More so when Chronicle wanted to don the role of a Samaritan, a Saviour & endeavoured its best to mollify the feelings, angry outbursts, retorts & of course, in that process, smouldering flames spreading like wild fire, as all wanted to have wide circulation & publicity, as it is spicy & juicy news, much ado about nothing in reality, as we miss the wood for the tree, without caring for the kernel of courtcraft submissions & arguments which till today none knows, but preparations are at advanced stage, yes, with noble purpose & objective to convince Hon. SC Bench  of the right, modest & legitimate demands of all groups of pensioners & demanding Constitutional Fundamental Rights not to be obliterated or erased but more so protected & adequately conferred on them & enough ammunition to thwart LIC arguments, for whatever reasons, including those adduced by AIIPA in their wonderful 2 or 3 Notes. 

If LIC has submitted long pages for SLP/CAs, rest assured we all have also supplied more than matching rebuttal of LIC arguments in a befitting, confident & courageous manner, from every angle, with in-depth presentation, which have all the elements of superceding LIC submissions, & conquering their weakness, & adequately impressing Hon SC Bench for a positive & favourable Judgement.

2)  It is a matter of twists & turns, & after long time when dust is about to settle, in all good sense of the term, without illwill or malice, it is shocking that this tactics is being resorted to, pretending good intentions, but in reality a facade for putting spokes at a wrong time, which itself any sane pensioner worth his salt, will definitely gauge.  

Above all, does it mean there are people & Assns or Fedns who want & pray for defeat & go all hog to see that pension upgradation is not granted or approved by Hon SC Bench ? That day, if at all, will be a dark day, God will forbid, for then such a minority view will close the doors not only for all post-8/1997, a much larger group, but also deny the apple of a fine Family Pension on this enhanced RP every 5 years, but also save the Family Pensioners from a pittance of a lowest FP to a respectable FP to lead a dignified life. Do we want all these deserved benefits not to percolate but to evaporate & wither away? 

serene

Friends, please let this not happen after all these 14 years of long drawn, gruelling & tortuous Kurukshetra legal battle. How many times have we stated & aired wonderfully thro the Mouthpiece of the Chronicle, to educate & enlighten, to form, inform, reform, transform & perform thro as many worthy competent individual activists whose only passport for any Hall of Fame is their impartiality, wisdom & statesmanship & bring all nuances of law, widest coverage of legal provisions, extracts of LIC Board Resolution, further fup by LIC itself in various enthralling letters to MOF & especially the clinching letter of LIC marked Secret dt 31/12/2001 secured thro RTI, which speaks of & lays emphasis on pension parity among generational group of pensioners. 

3)  Friends, all these months, when only veteran GNS, GS, Fedn of Retd LIC Classs I Officers Assns,was postponing coming round to support Twin Benefits of Full DR & Pension upgradation with every wage revision, with best efforts from then President Sri SK Shukla & GS AIRIEF, Sri VCJain, in Kolkata EC meeting, atlast after persuasion, he gave assurance that in the SC, he will uphold twin benefits.When such congruence has arrived, after hectic efforts, suspense & thrill, it is unfair to kindle fire again instead of creating a positive stroke & synergy, as mass unity & mass prayers with Full Faith can unleash wonders,  pensioners awaiting to see good road ahead & indeed a varaprasad, which they richly deserve. 

Let us remind ourselves that in recorded history, pensioners have not lost their case or cause. If Punjab & Haryana HC Judgement accepting Rajasthan HC verdict of admitting both the writs 6676/1998 on DR & 654/2007 on pension upgradation, still Doubting Thomases exist, & this Court went further to order 12 % interest, instead of keeping mum on this aspect as they legitimately felt about delay, or let the law in SC take its course attitude they didn’t adopt, so too Delhi HC while relying heavily on Rajasthan HC verdict, also graciously empathized & added the much-needed oxygen to pensioners that verdict will be applicable ‘in rem’.  So too, when SC Bench much earlier on 14th October, 2012 while giving clarification to their earlier vague order 17 Nov 2011, asserted –settle retiral benefits from the date of eligibility, meaning date of retirement, thereby emphasizing pension upgradation.

4) Pension upgradation was & is the MANTRA of AIRIEF. AIRIEF displayed high the MOU between LIC & all UNIONS dt 14/1/1994 wherein unequivocally 'SAME DR for PENSIONERS as SAME DA for EMPLOYEES' is mentioned. PRE-8/1997 Pensioners cannot be shied away. So too, we in AIRIEF prepared the LOSS of PENSION Chart way back & circulated it to all LIC, MOF/UOI. 

tranquil...

We stayed in Mumbai for days, met LIC Board Members, convinced them, that apart from Equal DR to all, Pension revision with every wage revision alone can rectify or remedy the glaring anomalies & absurdities in pension witnessed amongst various cadres inter-se.That saw the 11.25% Fitment weightage inserted to upgrade pension. 

It is an eloquent testimony for equity & equality. As some right-thinking pensioners & activists say & proclaim, it is 'ALREADY A WON-CASE ". Remember Hon SJ BHANDARI utilised LIC Board Resolution, delineated the same, interpreted as a stepping stone to further his arguments to rewrite another unique Magna Carta for LIC pensioners.

• Why, recollect & reinforce yourselves that if famous Nakara judgement,1983, regarded as the Magna Carta for pensioners presided over by Hon SC Chief Justice Y.V.Chandrachud in a 5-Judge Bench pronounced & upheld pension upgradation, 
• remember just 4 months before, Hon CJ, SC again Justice R.M.Lodha who laid down office on 26 Sep, 2014 in a similar 5 Judge SC Bench ruling upheld OROP for Armed Forces & even when UOI tried to stick to 9/2012 as effective date, series of all Petitions, SLP, CA, Curative petitions were summarily dismissed admonishing CG & ordering them to implement from 6th PC date 1/1/2006. 
• What else do we need? Have trust & faith. Everything is predominantly in pensioners favour. Let us cleanse atleast the impurities in our mind, hold aloft the bright torches, please