WHILE WE WAIT FOR THE VERDICT - SUPPLEMENTARY POST

M SREENIVASA MURTY                                               April 23, 2017

                    FROM THE HYDERABAD ASSOCIATION

WHILE WE WAIT FOR THE VERDICT Supplementary

Dear LIC Pensioners and Family Pensioners,

This Supplementary Post is with my sincere apologies, though I have reasons to renege on my promise to observe Maun Vrat, till our Judgement is pronounced.

I read a write up by a senior functionary of an active Party before the DHC expressing his concern very vocally about the adverse impact of the delayed delivery of the Judgement by the DHC, in the context of Supreme Court’s summer vacation from 10 May 2017. The concern is fully justified and I am sure there are many who share his despondency. In fact I came across similar thoughts expressed elsewhere also by other senior Pensioners.

This is the reason that compelled me to come back before all the Pensioners at this point of time. I have the important purpose to pursue our common cause too in this sudden initiative.

I am extremely confident that the Judgement, expected to be delivered on Wednesday (26th) or Thursday (27th) will be in favour of the LIC Pensioners and hopefully be emphatic, comprehensive and unambiguous. At the same time, I respect the cautious optimum of some amongst us.

Continuing with my line of thinking on the judgement (pardon me if I sound over confident), I also hope and expect Justice Sanjiv Khanna’s Bench to direct LIC to implement the Order & Judgement in Four Weeks’ time. That will be by about 25th May 2017.

It will take about a week or so for the official copy of the Judgement to be available for everybody to study the full implications but that will not affect the timeline mandated for its implementation by LIC.

It is not difficult to guess that LIC would immediately go in to a huddle and will not say anything more than ‘we are studying the judgement and we will take necessary action in consultation with advice of our Senior Counsel’. There will also be a rush to DFS for directions. Nothing more would happen till the time given by DHC is very close to end. Government would advise LIC (verbally, in all probability) to go in appeal by filing a SLP. But that has to happen only before a Vacation Bench of the Supreme Court, as a mere formality to safeguard against ‘contempt’.

Coming back to our friends’ concern about the Supreme Court being on vacation, I wish to look at it as clearly to our advantage. We have enough time to file our Caveat Petitions whereby we can pre-empt any ex-parte Orders being passed even by a Vacation Bench. Here comes the need for a well-thought of and concerted action plan on the part of all the Petitioners to ensure that LIC cannot manage to secure some technical excuse to delay compliance and get away.

If I may venture to suggest and appeal to all the Petitioners before the DHC, please consider the following action plan:

1. Immediately after a favourable Judgement is delivered (and certain basic details are ascertained the same day or the next), each Petitioner should send an urgent email request to the Chairman seeking an appointment on or around 8 May 2017 FOR A JOINT MEETING with ALL the Petitioners’ Representatives. Judgement should be uploaded by then.

2. The single point Agenda for the joint meeting shall be to request the Chairman for immediate implementation of the Judgment by looking at the plight of the aged pensioners sympathetically.

3. The joint delegation may comprise two/three members representing each Petitioner just to make the numbers and to convey a message that we are all united, In my view, there can be ONE spokesperson for ALL as there is no scope for any divergence of approach in the task before the delegation.

4. Ideally, Sri GN Sridharan, being the senior most pensioner-representative, can adorn the position and do all the talking.

5. A similar delegation should simultaneously try to meet the Government Officials also, from the Ministry or at least from the DFS.

6. Action as in 2 & 5 should be taken seriously and in right earnest unmindful of the outcome as we can expect no miracles to flow from it.

7. In the above ‘action taken’ background, any attempt by LIC to bypass the Judgement can be better handled before the Supreme Court.

8. Let us be conscious of the fact that our cases going back to Supreme Court for a ‘final view’ being taken, is a pre-ordained formality, as per 31 March Judgement itself. But we should take no chances and aim at any stay of the judgement being considered only subject to payment of at least 50% of the TOTAL DUES TO ALL. Rs.1,600 Crores as Interim payment.

9. Let us assure ourselves that we are not asking for the moon – once a favourable judgement is handed down on 26th or 27th, all that is suggested above is well within OUR control. These steps are necessary, possible while none loses. 

Most of the Senior Advocates practicing in the Supreme Court will be out of reach and will push off to exotic destinations overseas, soon after the vacation starts. Need to talk to them without losing a single day to face and thwart any smart moves by LIC before a vacation Bench. 

Hope our friends won’t say we have time to think, plan and act. Trust me; we don’t have, at least for thinking and planning. Please start thinking, right away.

GOD BLESS LIC PENSIONERS & FAMILY PENSIONERS

While we wait for the verdict-supplementary post