Arising out of the
categorical order of SC of 7/9/2015, the question that now arises is
what will the various sets of Respondents and the AIRIEF will do.
As
far as the Chandigarh petitioners are concerned, their stand is very
clear.The impugned judgment requires 20% of arrears of upgraded
pension is required to be paid within 2 weeks.
As
far as the Jaipur case is concerned,as the IR (whatever the amount)
has been paid to only 22 original petitioners.As per the impugned Jaipur
SJB Order,not only these 22 petitioners were required to be paid IR
based on a much higher amount on account of upgradation with weightage
in chain,but also on the same basis ,the remaining 5 post-July 1997
retirees are also required to be paid IR based on the Jaipur
judgment.Will Mr K ML Asthana and AIRIEF press for payment of the right
amount to all eligible petitioners?If that does not happen,the
post-July 1997 petitioners will get orphaned besides the pre-August 1997
petitioners having to be content with a paltry amount of relief.In the
absence of impleadment of the AIRIEF in the CAs in Supreme Court,the
Federation has to recognise that in the present schemes of things,the
fortune of the its large number of members is closely linked to and
dependent on the fortunes of Mr Asthana and 26 others through the case
outcome.
As
far as the Federation of Retired Class I Officers' Associations is
concerned, are they now going to pursue with LIC to pay 20% of the
due amount as ordered by the SC to all eligible pensioners keeping
scrupulously in view the Delhi High Court order directing that the
amounts due should be be paid in rem?
While
the list submitted to LIC may contain 1266 names of members belonging
to the pre-August 1997 category,once LIC decides to pay to these 1266
retiree members of the Federation,the question also arises as to what
will happen to retired Class I Officers who are not members of the
Federation.
Once LIC
decides to waive their self-prescibed criteria,they are logically
obliged to pay IR to eligible retirees of Class II,Class Iii & Class
IV cadres also.There may be close to 15000 pre August 1997 retirees in
all the cadres put together.
Here
all the Associations/Pensioners' bodies/Federations -whether they are
involved in the ongoing litigation or not-have a compelling moral
responsibility to ensure that all the 42000+ eligible pensioners obtain
justice,especially when the OROP issue has been successfully resolved
by the Government to benefit more than 25 lks ex-military personnel..
Let us see what the waiting pensioners have in store for them in the two weeks ahead.
Greetings.
C H Mahadevan
