I don't think referring to any of the policies of the Central Government like National Litigation Policy or the National Policy For Older Persons in our submissions before the Supreme Court can help in any manner.We are fighting our case on legal grounds and seeking justice on account of the existing Pension Rules 1995 violating fundamental rights as enshrined under Articles 14 & 21 of the Indian Constitution.
Not adhering to the policy framed by the Government can only by challenged politically by the opposition parties pointing out the non-implementation of the points undertaken for implementation in these documented policies to have a mechanism for periodical review on how well the actions undertaken by the Government are implemented as laid down in the NLP & NPOP.These policies are not statutory in nature and will not help us in the courts.
We have to give brief to the parliamentarians of both the ruling and opposition parties to raise issues of non-implementation of documented Government policies with special reference to cases filed by us ,like LIC having appealed against judgments delivered in favour of pensioners like in Mr KMLA 's case & M C Jain against what was spelt out in the NLP.
Better we fight on the legal & constitutional grounds.No doubt we have waited too long to obtain justice in the light of injustice suffered by various generations of pensioners to different degrees,Separating the issue of resolution of anomalies for pre-August 1997 retirees ,the need for upgradation is not restricted to retirees and family pensioners as existing today,but to all pension optees (both in service & retired) during the operation of LIC Pension Rules 1995 till the last pensioner exits from the Scheme by death. If we ponder a bit,we will recognize that we are not merely fighting for existing retirees and family pensioners, but also for the potential future retirees who are pension optees in service today.
So our endeavour should be to work for a judgment that will ensure parity in pension and freedom from anomalies for all time to come.I feel that it is possible if all the petitioners carry on the legal fight effectively at the Apex Court through their respective counsel.
C H Mahadevan
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