Respected Colleagues,
We know very well that we are totally upset with the present day legal
processes in the courts that unnecessarily consume months and years to
find a lasting solution to the aggrieved. We have seen that our case
on twin main demands has already touched two decades' delay. Still we
are at a loss to presume as to how many more months or years that the
legal procedures may require to pronounce the final verdict.
We were under the firm hope that Supreme Court would deliver a
favourable judgement on our demands based on impressive arguments
advanced by our learned Sr. Advocate Sri. Nidesh Gupta. But, we were
taken aback when our cases were transferred to Delhi HC to discuss
further on the overall powers of the Central Government. Many of our
elder leaders feel even now that SC could have spared a few more hours
and thrashed out the issue. Eye brows went high to find the judgement
of Delhi HC not only being quite contrary to the reference made by SC,
but also a most confusing one to both the petitioners and the
opponents. It has introduced further more complications. The judgement
never addressed any of our main issues. Till the last hour we were
hopeful of getting a favourable judgement based on the proceedings and
the glittering and satisfied mood of the judge. We, being innocent
ordinary human beings, are yet to understand how he chose to deliver a
most unexpected, disappointing and altogether a different verdict. A
few more months have passed insignificantly.
We are again at the Apex Court. The bureaucracy, not satisfied with
our continued legal battle, wants to see the burial of our issues by
seeking periodical adjournments on flimsy grounds. During the last
hearing too LIC filed their reply only to our ( AIRIEF ) petition and
sought another 4 weeks time to reply to the rest of the petitioners.
SC granted 4 weeks time to file LIC's reply to other petitioners and 2
weeks for all the petitioners to file their replies. Our protest
against the plea of LIC and our prayer for ordering an interim relief
for all the pensioners retired on or before 31st July, 2012 have not
attracted the attention of the court.
Days ahead are going to be trying times. The bureaucracy will
confront us with still more confusing figures and storming arguments
through reputed Sr. Advocate / Advocates to take the judgement in
their favour. Now the hour has come to us to ponder over our
strategies to be adopted. The trial of our strategies may cost us a
little more.
It was a cakewalk for the bureaucracy to get another 4+2 weeks time
to get the hearing adjourned, in the absence of Sr. Advocates from the
petitioners' side. This might have happened due to the paucity of
funds. The legal team of AIRIEF must have gone deep into this aspect
also. If the presence of our Sr. Advocate becomes a must during every
hearing, we have to pay him his normal fee, whether hearing takes
place or not. All these days, our legal team must have had in their
plans to request the presence of our Sr. Advocate on important
situations.
NOW OR NEVER :-
Now, we are at the fag end of our years-long-waged legal battle. Any
more lapses on our part may throw us to dust. We must meet our Sr.
Advocate, at least two days ahead of hearing dates, get the details of
our arguments updated and highly tuned up with the imagination and
expert knowledge of our reputed advocate. There should not be any more
letups in our side for want of money. We are all elders and we know
pretty well as to how much would it cost to conduct a case in SC. We
cannot run away from the present crucial hour and be the cause for any
setback for want of sufficient funds. We have a fine band of
office-bearers, dedicated team in the Legal Committee and sincere
activists. Every one is contributing his mite to win the case for the
welfare of all the pensioners. As members of AIRIEF, which is in the
fore-front in waging the war against the mighty bureaucracy, we should
rise up to the occasion and contribute liberally to meet any situation
in the coming days. We may be getting additionally 49 to 51 slabs of
DR along with our pension for February payable in March 1. If
sufficient fund is there, AIRIEF may even concentrate on engaging one
more Sr. Advocate to augment law-tools. Let us prove our UNITY NOW &
not allow the bureaucracy to win in this LIFE & DEATH KURUCHETRA WAR
and go scot-free.
With folded hands,
M.P.Subrahmanian.
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