Re: FOOD. FOR. THOUGHT-Response III

Dear Mr Agnihotri,
I feel inspired to write what follows after reading your FFT in the RKS BLOG.
I am not a legal person and cannot match my wits with you on that count.but I feel the saving grace is that all that is needed is an average amount of common sense and intelligence to understand  the whole problem. The legal part will be taken care of by our Advocates.
As I made an attempt to explain in Bhopal, our Writ in Chandigarh was filed in the month of August 2010 seven months after the Jaipur judgement was available.
Late Mr Gandhi had planned to file three seperate petitions one each for Chandigarh, Jalandhar and Amritsar pensioners officers.So, I had chance to listen to and discuss the matter with three different Advocates. All of them were unanimous in their opinion
that Jaipur judgement may not be very useful because of its operative orders.
In any case, it did not need any legal explanations either.We know that when LIC wrote to the GOI seeking approval of the Board Resolution,they simultaneously sent confidential instructions to all the DOs, with calculation charts , to be ready
to make payments to pre Aug. retirees exactly in the manner in which they have deposited the arrears in Jaipur and Chandigarh.
Now, the Supreme Court will adjudicate on the case on legal terms only-Whether or not LIC is competent to implement its resolution without approval of the GOI.They say yes
or no.If the Jaipur judgement is upheld,as all of us want it to be,who will interpret the Jaipur orders?
If you say go after the spirit behind the orders, well, there is spirit behind 48 also.
Our Advocate is prepared fully for that.
There are reasons why I suggested that Chandigarh case be treated by the Federation as a stand by to fill the Jaipur gaps.
Our I A filed in the Supreme Court to bring to its notice the offer of short payments by the LIC is to prompt discussion on what is payable under the impugned orders.
There is purpose in it.The Federation should support us in the Court.
I can talk only as a lay man.Thank you.

S N CHHABRA,

Panchkula