DHC PROCEEDINGS OF 15 FEB, 2017

M Sreenivasa Murty Feb 16, 2017

DHC PROCEEDINGS OF 15 February 2017.

Dear ALL LIC Pensioners and Family Pensioners,

Hearing commenced at 3.00 PM. Two more judgements of the Constitutional Bench discussed by our Team Counsel Mr Ashish Tiwari, in the conference on 14th, were cited and argued, in detail by Sri Nidhesh Gupta. Although the Bench was not keen to take any more Case law when the Court rose for the day on 14th and only arguments on Financials were to be presented yesterday, Mr Gupta had his way of taking the Bench along and took his time to argue and fortify how our case for revision is solid as per law. Once again, NG proved his mettle and I repeat what I reported already viz., as per my modest understanding, we won our case conclusively as per law, on the point of discrimination which is unconstitutional. 

Ashish Tiwari, of the Hyderabad Counsel Team, is a young brilliant lawyer, with a real spark and rare passion in our matter. I have no hesitation to state that it was this outstanding trait in him that attracted Mr Nidhesh Gupta's attention several weeks ago, during our earlier hearings, long before he was recently invited by NG for a joint conference. 

Ashish has always been insisting that our right for Pension revision flows from our Pension Rules themselves, and was able to convince Mr Gupta yesterday, to press for it today in the Court. After completing arguments on the additional case law today, NG did argue how Rules 5 (3), 11, 13 (b) and 56 of the Pension Rules contemplate upward Revision and how there is no bar on the same. The three Pay Commission Reports were also referred to, to establish the principle involved where non revision of pension, defeats the very purpose of providing it. Ashish’s strong point has been that in a beneficial legislation (Rules made), the interpretation has to be done sensitively to hold a provision for the intended beneficiary rather than see it narrowly and thus negatively. 

The Bench was generally receptive to Mr Gupta and once again he could take them on his side. One should watch his performance to appreciate his resonant voice modulation, complete command on the point he is making - backed by deep study, his impeccable English and skill to have his way where possible, which is called court craft. 

 

Then, using the copious material Hyderabad Association had prepared and shared with him, NG moved to demolish LIC's claims on statutory Expense limits and how there is cushion to revise Pension, even going by their exaggerated and unsubstantiated numbers. I was asked by him earlier to keep two new copies of LIC's Annual Reports handy, which I did (it was not easy to secure so many copies for a retired Officer) and he passed on a copy each to the Judges and made them refer page after page to expose the fallacious contentions of LIC in its Affidavit. His endeavour was to prove that Pension revision is minuscule in effect on the resources of the Corporation. Some headway was made to establish that financial implications for pension revision are not adverse. We have to cover a lot more ground. He had to strain a lot to convince the Bench on the correct interpretation of Rule 17 D of Insurance Rules 1939. Three four times, I had occasion to assist Mr Gupta to meet the queries of the Bench on the provisions of Rule 17 D while LIC officers faltered in answering several simple questions. 

(I renew my open Appeal for expert opinion on the point of LIC’s compliance of statutory provisions on expenses, as it will be to our advantage even now due to adjournment of the hearing again). 

Hearing for our main arguments on Financials, is to resume on Friday, although the Bench was possibly convinced of the size of LIC’s operations and the sustainability of Pension Revision. 

The Counsel for AIIPA requested that he would like to present their case tomorrow. He was asked by Justice Khanna if he has anything new to add. He said ‘we have a different line of arguments and submissions to make’. It was agreed to. 

I have been in Delhi since four days and missing home meal and the luxury of sleeping in my own bed (Nothing else of course). Mr Mahadevan and I returned last night.t. Ashish & the Chandigarh Counsel would watch today's proceedings and report to me. 

I am asked by Mr Nidhesh Gupta to join him by 11.00 AM in the Supreme Court on Friday to review our work on the Financials and prepare for the final arguments in the AN. We will sharpen our knives further, in the meantime. Sri Mahadevan has already gone mentally in to his research mode. 

 

Some discussions on numbers and LIC’s operational procedures, being referred to by Justice Khanna, were against our contentions. Specially, the Bench is obsessed with a firm (but wrong) opinion that any increase in Pension means fall in Bonus rates. Any amount of concerted submissions by the Counsel does not make the Bench budge. It is necessary that we use the extra day available to set this right and fix even the remaining loose ends and make our case impenetrable. That is exactly what we are going to do in preparation for our

FINAL THRUST ON FRIDAY. 

PS. In some of the ‘miscellaneous’ reports covering the proceedings of 15th, comments on what should or should not have been said by the Counsel and assertions like ’from our petition’ etc., are noticed. Both the instances provide one with lot of fun to relieve from the stress. One wonders if ground is being prepared by these leaders, for claiming Father ship for the impending outcome. Right time for me to speak is after the judgement is reserved.