Courtesy: Shri R B Kishore
Friday, April 01, 2016
M Sreenivasa Murty
Dear Editor,
Some genuine doubts and well-meaning queries
I
came across a couple of well-meaning queries in the PC on yesterday’s
developments in the Supreme Court. I am able to answer them as they
pertain to facts.
1. Was a reference to Delhi High Court (instead of disposal by SC itself) not resisted?
Ans.
It was stoutly and repeatedly opposed by Mr Nidhesh Gupta. He offered
to have the matters given a short adjournment, so that ‘we will file an
Affidavit or a Petition under Art 32 with necessary amended prayers,
keeping the observations made by your Lordship’. NG also highlighted
the inevitable additional delay in the matter involving Petitioners who
are in their eighties. Not agreed to because, the points of law
vehemently raised by LIC Counsel should be addressed and resolved at the
original stage and not in the Appeals for the first time. Plus it was
an escape route to overcome LIC Counsel’s strong objection that HC gave
an ‘out of the hat’ Order. As far as we are concerned, we got a fresh
lease of life and can try to put the derailed vehicle back on track and
make it move.
2. Appendix IV is also included in reference to Delhi HC.?
Ans:
Yes, That actually is the main reference. It was opposed by NG. But in
vain. When it was being discussed, lot of confusion prevailed. It was
referred because of the confusion created by LIC Counsel. Even now it
can be a problem area because; I heard NG mentioning that we have no
quarrel with it. Our grievance is elsewhere. I am waiting for Mr
Mahadevan’s interpretation.
1 Apr 16, 06:57 AM
M
Sreenivasa Murty: Hopefully the Order should get uploaded by EOD. As
one of our Sr Pensioners said, LIC closed its business for the year
yesterday and ours just started. Once the Order is out, we can expect
reams of Posts and relentless discussions. Blogs can open special
editions.On a serious Note, we need to start working without losing a
single day, to realize (for whomever it applies) whatever is ordered,
without allowing LIC to go in to 'destroy enemy' mode as it did Post- 7
May Order. Mr C H Mahadevan is traveling South and is expected to return
this afternoon,
Hyderabad Association has convened an emergency informal General Body
Meeting on Saturday 4,00 PM. to take a number of decisions and chalk out
a plan of action.We are now formally admitted as a Party in the future
proceedings.
I
think GNS was right and true ONLY in that part of his Post. The rest of
what he wrote is a Joke. I am eager to share some highlights of the
impending Order. Justice Misra pulled up LIC in clear terms and
expressed surprise how LIC has been treating its Pensioners "who
contributed' to its growth. He
gave us an opportunity to say before Delhi HC (before the Specially
constituted Bench) with a deadline to dispose of the cases. The tricks tried by the new Sr Counsel for LIC (unsuccessfully though,thanks
to Mr Nidhesh Gupta's persuasive stubbornness) to deny any relief to
Pensioners, were many. One was to limit the 40% relief to Petitioners
only. This found tacit support from GNS Team (if not their Counsel). All
of us with mainly Nidhesh Gupta and Mr Jay Savla literally shouted 'NO.
NO' & Judge was furious. 'How can you limit it to a few? It was
agreed after great fighting. It shall be to ALL SIMILARLY PLACED. We
succeeded but without paying a price. LIC Counsel succeeded in getting
it reduced from 50% to 40%. NK Kaul claimed it costs LIC 300
Crores. NG shouted Your Lordship may please record it. My learned friend
is misleading the court. Another trick tried by NK Kaul was 'let those
eligible for payment under this Order apply individually to LIC claiming
their dues. we examine each case and respond. The suggestion was shot down by the Judge himself even before we objected.
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