92-93 Retirees.

Ecircular No.DK/25                                                    31-05-2018

D.Krishnan Gen Secy

 

Friends,   

As members are aware, the federation has been strenuously carrying on its efforts to secure redressal for the small group of 92- 93 retirees without involving ourselves in another vexatious bout of litigation on the subject. After the Supreme court dismissed the LIC's appeal in MC Jain's case in July 2014,  several representations were made to the chairman pleading that,  in view of the Supreme court's decision the benefit of re-fixation of pension should be extended to all pensioners similarly placed as Shri MC Jain. Unfortunately the attitude of the CO continued to be indecisive. It was then decided by us at the office bearers meeting held on 26/5/2016 that in spite of the disadvantages involved we have to take recourse to legal proceedings. The decision was followed up by our sending a legal notice to LIC.  In the absence of any response, even to the legal notice , my predecessor,  Shri. GN Sridharan, Chairman of the Legal committee,  consulted a Sr. Counsel in Supreme court on the feasibility of our approaching the Supreme court directly on the subject.

The advice we got was that since a writ petition was still pending in the Kerala HC it would be advisable to approach the Kerala HC first by getting the federation impleaded therein, and bring the fact of the Supreme court's decision in MC Jain's case to the attention of the court and seek an order to direct the LIC to apply the rationale of the Rajasthan HC decision, for extending the benefit to all those similarly placed as Shri MC Jain. 

A certain action was taken, but after the GC meeting at Mumbai, it was noticed that the action  actually taken by our Advocate in the Kerala HC was not in consonance with our objective, in as much as, a fresh and regular writ petition had been filed in the names of two of our members of the Ernakulam Association (Messers PD Joseph & KM Cherian), which would not get us a pan-India applicability . We have now taken a remedial action.

Before detailing  the latest action taken by us it is necessary to share some vital information on the originally filed, and still pending writ on the 92-93 matter. The WP no.6228/2009 had been filed by two individuals M/s KNG Kurup & C Krishnan who are not, according to our information, members of any retirees' organisation including ours. The Writ had been filed after the central office had issued instruction for payment of gratuity arrears in terms of the Supreme court judgement dated 12/2/2008 in the gratuity case (wherein it was laid down that the relevant date to be taken for calculation of gratuity should be 1/8/ 92). It is learnt that the said two individual petitioners also received the gratuity arrears. In fact the main thrust in their WP was only on gratuity though they had prayed for grant of all 'consequential reliefs' in general terms without specifically seeking re-fixation of pension. Subsequent enquiries made by us,  particularly by Shri GNSridharan revealed, that while one of the petitioners is seriously ill, the other one was not interested in seeking a formal disposal of the writ on account of his advancing age and on considerations of expenses.

In the above background of the Kerala case, its pendency for the past 9 years came in handy for  the federation entering the fray on the issue of fixation of pension particularly following the developments in MC Jain's case.

Both myself and shri GN Sridharan visited Ernakulam on 29th of May 2018,and finalised an Intervening application on behalf the federation citing MC Jain's case, after consultation with our counsel there. M/s Janardhanan Nair and TS Sasikumar of our Ernakulam Association were also present during the discussions. We expect the application to be filed on or before 3/6/2018. Of course While LIC may be filing their counter, we do not expect any  objection from the counsel for the petitioners, as we are seeking only the grant of consequential relief of fixation ,  which benefit will accrue to them also, if our plea is acceded to, by the court. The progress on our latest positive move will be intimated in due course.

With Greetings to all.

--D Krishnan       Gen.Secy.,