WHAT NEXT? SOME THOUGHTS

M SREENIVASA MURTY                                                 May 7, 2017

                             WHAT NEXT?

       SOME THOUGHTS FOR THE CONSIDERATION OF ALL CONCERNED

When I started composing this Note putting the date on right-hand top corner, it (7 May) sounded familiar. I am sure all of you would recall that it was exactly this day two years ago, a benevolent Justice Dipak Misra, irked by the long adjournment (months beyond the impending summer vacation) of the hearing sought by LIC/UoI, roared, ‘Why beyond this vacation, we will adjourn till two vacations, pay them 20% as interim relief ‘as per Judgment’’’. Rest of the history that followed is too infamous to be forgotten by any of us.

Looking back, it is difficult to realize it was only just two years ago – while so many things happened thereafter and it looks as if a lifetime had elapsed. Once again we are at some new X Roads.

First Things First:      

1. Review Petition before the DHC, against the Judgement dated 27 April 2017.

a) Time permitted – One Month i.e., on or before 26 May 2017. Preferably by 19th May, so as to expect disposal before the DHC is closed for vacation from 31.05.2017.

b) Likely outcome – outright rejection. Less likely - Issue Notice to Respondents for Admission.

c) In the light of b) above, is it worthwhile/necessary to file one? Counsel’s Advice: Yes, imperative, to bring multiple ‘Errors Apparent’ in the Judgement on to record. Judgement suffers from several fatal lacunae. Cannot afford to let the right (to challenge) go by default and be at a disadvantage at the SLP stage.

d) What are the likely adverse implications of a ‘dismissal’ ‘Notice for Admission and so no decision’ and the impact in either case, on SLP? None. (To be independently checked and corroborated by all Petitioners). Review Petition and SLP are unrelated to each other – the grounds are different, at least theoretically.

e) Can the Review Petition come in the way of what little is doled out by the DHC to some Pensioners? Not that we can visualize. In any case, LIC has time till 26 January 2018, to start acting on the half-hearted directions under the ‘partly allowed’ Judgement.

f) Is it possible to file the Review petition, within the short time available? Not easy. All stakeholders should first put their heads together. Decision to be taken by each Petitioner, in principle. Modalities to be worked out. Petitioner-specific inputs to be compiled and shared among all.

g) Daunting task. Yes, from any angle. Where to start? Started here – Now. 

Quick Responses requested from:

S/Shri GN Sridharan, SS Saxena, TK Chakraborty and SN Chhabra.

AND FROM EVERY INTERESTED PENSIONER, ESPECIALLY ALL THOSE ACTIVELY OFFERING THEIR SUGGETIONS & VIEWS after 27 April 2017.

The proposal to file Review Petition (on the basis of the thoughts stated above) has the blessings of Justice TNC Rangarajan who was consulted informally on 6 May 2017.

This Note is posted with the concurrence of Sri C H Mahadevan.