Some Silver Lining on
the Horizon
Hopes may soar
All have to be
watchful
The
very fact that some way of clearance & near final solution is in
offing, more so with respect to Past Pensioners of 5th, 6th, 7th, 8th Bipartite
Settlement of SBI Pensioners ,indicates Govt atlast is realising that the
Stalemate has to be broken, a way forward has to be found & solution to
this much-vexed problem of eliminating Grotesque anomalies in pension, for
various Groups of pensioners,has to be found out.This will enable Delhi HC also
to reach the verdict sooner
What is baffling & what is contradictory to
judicial line of thinking, is that once it reaches the battleground of Courts
to listen to all parties,sift the submissions, analyse the contents of Writs,
Rejoinders & look deep into the kernel of the issues & problems posed
for judgement at HC & SC for equity & justice ,to eliminate
discrimination of any sorts & to ensure Equity,Equality & Fairplay for
the grievances portrayed & presented before Hon Judges,that alone
should be enough,WITHOUT again involving the Powers that be, who were
instrumental in dodging the issue,seeking uncalled for Adjournments , trying to
impose UOI/MOF will & unjust decision thwarting all canons of law, driving
litigants to despair & frustration,endless appeals without substance,it is
like throwing the problem back to frying pan .That decision ,even if a
Committee is appointed,endless delay ,litigants made powerless,solution cannot
be cent per cent impartial, taking the totality of circumstances & above
all rendering a Judgement which is wholesome & holistic in all
respects.That is what it ought to be.
After the Courts have taken over, it is the Court &
Court alone which should render FINAL VERDICT,No short circuiting of procedure
simply to offer last opportunity to Govt to decide smacks of transgression of
boundaries & NO COURT should admit or succumb to such requests emanating
from Instns /Respondents.Court must come to its own considered conclusions
reflecting final solution to issues posed before them
In fact, it is
strange that when Govt, Chief Justice, SC are aware & mention that Govt is
the largest litigant,46%, more & more appeals,counters,spring from them
only, even after 2 clear verdicts have come from 2 Courts,as per National
Litigation Policy of then Govt & present Govt, which still is mulling for a
Final policy after Chief Justice SC Hon Thakur is vocal to place before our
worthy PM,let us positively hope for some breakthrough in curtailing litigation
on same subject matter again & again.
Further, if
democratic processes go through, if meaningful talks with Management of
Pensioners Fedns take place, given the mind & will to settle genuine
grievances, modest demands on various subject matters affecting all
pensioners,if only Corporate Governance becomes a reality,if Independent
Directors are really independent as SEBI wants them to be,if Govt honours the
reason & logic of Organisations Chairman & MDs & decisions they
have arrived at with due process,principles & procedures,without treating
them as aliens or puppets & subjugates them to status-quo,Govt & Instns
only have to be blamed.
If these processes are over & an amicable
solution is reached on pending matters, well & good .When once there
appears to be no meeting point & differences in solution are huge,& a
virtual breakdown has occurred, ONLY way is to approach Courts for
tendering merciful attention on beleagured pensioners & dispose off cases
within a reasonable deadline.The Judgement is for everyone, & Applicant
& Respondent must fully abide by Courts final judgement
Greetings,
RBKISHORE
VP,AIRIEF
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