HEARING IN SUPREME COURT ON 10TH JANUARY 2018

Friends,

This is just to keep you posted about a Meeting that we had here in Chennai on the 23rd of Dec. 2017. Sri R.Rajagopalan's (Legal Co Member, Bengaluru) visit to Chennai was the immediate impetus for the Meeting. Those who attended the Meeting included Sri R. Rajagopalan, Sri Arunachalam, Sri P A Sivakumaran and Sri V R Krishnan and of course Sri D Krishnan, the undersigned. Sri G N Sridharan could not attend due to travel plans on the day.

1. First matter discussed related to the Hearing in the SC scheduled for 10th of Jan 2018 at Delhi. The general feeling was that not much was expected to happen on that day as LIC/Govt of India are yet to file their Counter to our Petition, and on the 10^th, they may seek some more time for filing their response. We talked to Sri V K Jain at Delhi on this matter and advised him that he should take the initiative in co-ordinating with our counsel Shri Garg to ensure that we are appropriately represented for the Hearing due on that day. That meant that some of the other Legal co members and the Gen Secretary would not undertake journeys to Delhi for being present there on that day. Shri Garg also would be advised to consider, if our Senior Counsel should be present or not for the Hearing that day. These were considered in the light of the cost aspect to the Federation, which has become very important as made out in the General Council Meeting in Mumbai on the 8th of Dec2017. We also talked to Sri Basudeva Das of Kolkata and apprised him of our point of view for the Hearing on the 10th.

2.The other important aspect discussed related to our Filing an Interlocutory Application to the SC making a specific Prayer for Interim Relief for both the Pre 97 Retirees as also post 97 Retirees based on the Revision of Pension which was one of our principal demands . This was a point begging to be considered after our Senior Counsel had raised this matter regarding Interim Relief before the SC in the last Hearing. Our Sr. Counsel had stated that after the SC had allowed 40% I R , there had been only a one-time payment of Arrears and there had been no application of the principle to the later Pension Payments , nor the further 60% that automatically gets indicated, to go through with the point, accepted by the SC. It was therefore felt appropriate, that a brief one-page IA specifically demanding the Interim Relief payments was filed before the SC . This matter was also discussed with shri VK Jain and he was told that an IA of the kind discussed would be sent to him and shri Garg, our Counsel at Delhi.

Sri M. Arunachalam, Legal Committee member Chennai, is currently in the process of drafting out an IA to be vetted and passed on to Delhi. It was understood reliably that AIRIEF is also filing a similar IA demanding Interim Relief. Yes, filing of IA now would possibly involve LIC / Govt of India asking for more time to study the Demand, before raising their response before the Court. But , since AIRIEF is also doing it , ours would not take additional time.

3.There was also discussion in the Meeting about initiatives to bring into the fold of the Federation, the Hyderabad unit along with that of the Panchkula unit.

Meanwhile, a message , was received from sri V K Jain, Legal Committee member in Delhi, saying he had a talk with Sri Garg our Advocate on Record, and he felt that while we may keep our Draft of I A ready, we may wait till LIC filed its Counter Affidavit. He also made mention, that Sri Garg felt that our Sr Counsel need not make an appearance this time.

D.Krishnan, General Secretary 26-12-2017.