I had the good fortune of Sri Mahadevan's presence at the Delhi High Court today (yesterday). I am making a special mention of it because, today's developments, if reported only by me, could have led to endless contradictions and controversies.
Mr Nidhesh Gupta cited about half a dozen decisions of the Constitutional Benches and succinctly highlighted the conclusions that go in our favor. The Bench heard him with rapt attention, as he went in to the nuances of each case with extra ordinary articulation and clarity. The Bench appears to have accepted his submissions in ALL but one citations. If my reading of today's outcome is correct, our case is already won by Mr Gupta ON THE LEGAL FRONT.
As I happened to report in a long story of mine, not long ago, LIC has almost succeeded in misleading the Bench that our Pension Revision would mean catastrophic financial setback for it. We need to rebut those absurd contentions squarely and pull the Bench out of any negative opinions.
The comprehensive Affidavit filed by the Hyderabad Association, rebutting the claims of LIC on the alleged adverse Financial implications on account of Pension Revision, is going to be the focal point tomorrow. We have questioned with precise logic, backed by detailed charts and calculations filed as Annexures, and established that Pension Revision would have no adverse impact, on LIC's finances.
It is now known to all of us that the system in higher judicial forums is totally Senior Counsel centered and unless one is represented by a Sr Counsel, even a very good case may fail.
In this background, and following the nonavailability of Shri Gaurab Banerji's services, we from the Hyderabad Association, were desperately looking for alternatives to ensure that the LIC Pensioners do not fail at the hustings and all our hard work, and the voluminous material generated by Sri Mahadevan, through years of research, does not go waste. Our efforts all these years, unaffected by perennial bickering among Petitioners was not meant merely for our 200+ Members. We always looked at the interests of the entire Pensioner fraternity.
In this none-too-happy situation, certain unexpected developments in the Court Hall on 25 January, opened up a window of opportunity for us in the person of Sri Nidhesh Gupta, Sr Advocate already appearing for AIRIEF. It was his invitation to our Advocate Mr Ashish Tiwari, for a joint conference and for information sharing that changed the entire scene. My two trips to Delhi on successive Sundays and a two hour conference each time, with all the material I carried, made Hyderabad and Mr Gupta fall for each other. It's a love marriage of sorts, but with consent of parents one one side. The parents on the other side had to be kept in dark till today. When the impending marriage is announced and made public, there was a big furore in the corridors vehemently questioning the alliance. But it was too late.
On conclusion of the day's proceedings, Mr Gupta informed the Court that he is appearing for the Petitioners of the Hyderabad Association also and he will be making his submissions tomorrow on the Financial aspects to rebut LIC's claims, on the basis of the detailed Rejoinder Affidavit filled by the Hyderabad Association which is already taken on Board.
We later had a two hour conference till about 8.00 PM (Sri Mahadevan, Mr Ashish Tiwari and my self) with Sri Gupta and we reviewed the entire case afresh. Our Advocate suggested a couple of cases accepted by the Government, for implementing the V & VI Pay Commission Reports for revising CCS Pension Rules. Mr Gupta is going to cite those case also tomorrow before taking up the Financials aspects.
According to Mr Gupta the arguments may conclude tomorrow itself and the judgement reserved depending upon how much time any other Counsel (or all of them) wants to take. If it does not conclude tomorrow, it will happen on Friday, as Mr Gupta said he will not be available on Thursday.
There were queries on Government's corrected Written Statement. They have not filed and they may not file. No one is bothered. Nothing will wait for them. There is no clue about the Jaipur Petitioner. There is no need for any clue also.
As long as the Judgement is going to be in favor of the Pensioners, who cares who said what?
FOR THE HYDERABAD ASSOCIATION, OUR PENSIONERS SHOULD WIN. NOTHING ELSE MATTERS.
I APPEAL TO ALL AIRIEF LEADERS AND ALL THEIR SUPPORTERS, NOT TO THINK, ACT OR BELIEVE THAT THEY LOST ANYTHING.
EVEN IF THERE IS NO OTHER CONTRIBUTION, MR NDHESH GUPTA IS THEIR CONTRIBUTION. HAVE THEY NOT WRESTED HIM FROM KML IN THE FIRST PLACE? NO CREDIT. - NO DISCREDIT - LET PENSIONERS WIN. THE HYDERABAD ASSOCIATION IS WORKING IN THAT DIRECTION. THAT I AM BEING MALIGNED CONTINUOUSLY, DOES NOT BOTHER ME.
TOMORROW (15th) IS GOING TO BE OUR DAY - PENSIONERS DAY. PL PRAY FOR US - FOR ALL PENSIONERS.
PS: I started composing this before midnight but concluded at 2.00 AM. So please read 'yesterday, today or tomorrow' as per the context.
Warm regards,
Sreenivasa Murty Mulukutla
CAMP: NEW DELHI.
Sent from my iPad