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Thursday, 2 June 2016

"The M C Jain case judgment has got implications for all Class I Officers who were in the Class on 1/8/1992 and retired after 1/4/1993".

Dear Mr Mahadevan,
     I was in Class I on 01/08/1992 and retired on 31/05/1996, i.e., AFTER 01/04/1993 and so, going by the portion emphasised (by me) in your post, I think I am also an (ex-) employee of LIC to whom the judgment in the M.C.Jain case has implications, right?
     Do let me know, please.
     "The more practical proposition is for the MC Jain category pensioners to pursue the matter separately through a case filed in the Supreme Court."
     It is a truism that democracy is all about numbers and so considering the practically negligible number of employees affected by the implications of the M.C.Jain judgment and the HUGE COST involved in fighting cases in the Supreme Court (or in any court for the matter of that), I beg to disagree with you although from a very altruistic stand your proposition is a commendable one, no doubt and, perhaps, it may boil down to that (who knows?) given the cavalier attitude of LIC to court judgments. And the time taken for resolution of cases is also relevant for, as John Maynard Keynes said : "In the long run we are all dead".
     I don't have even a passing acquaintance with Law but, as I see it, the position is that LIC is studiously, wantonly and deliberately ignoring a judgment of the highest court in the land and there must be some mechanism by which such a situation can be remedied without going to court again on 'contempt', right?
      "...we have to address the above-said issues through dialogue with the LIC Management..."
     Yes, please! That's what trade unions are for and we, especially and necessarily, have to take recourse to this route although (or because) we do not have the much bandied-about 'clout' and this course coupled with the 'mechanism', if any, indicated above should, it is fondly hoped, make LIC see reason and bring home the bacon.
     Thanks and regards.
P. Ramanathan

MC JAIN CASE - CH MAHADEVAN'S REPLY
     "...The M C Jain case judgment has got implications for all Class I Officers who were in the Class on 1/8/1992 and retired after 1/4/1993 or died thereafter.
1. These benefits will also have to be extended to similarly place retired Class I Officers.
4. Salary revision will also have to be done for Class I pensioners who retired after 1/4/1993 w.e.f 1/8/1992 with consequential benefits like revision of pension ,if any;
Now that we are in the thick of our final legal battle for upgradation of pension in the Delhi High Court, we have to address the above-said issues through dialogue with the LIC Management or through ultimate separate legal fight if warranted separately after the Delhi HC judgment is delivered and the matter is finally settled even perhaps after an appeal in the Supreme Court thereafter by the aggrieved parties.The more practical proposition is for the MC Jain category pensioners to pursue the matter separately through a case filed in the Supreme Court."

Greetings.
C H Mahadevan
LIC PENSIONERS CHRONICLE 5/30/2016
(Emphasis supplied - P. Ramanathan)

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