G N Sridharan on MANIPUR SC JUDGEMENT.

On Wed 24 Jul, 2019, 08:33 Sridharan G.N, <oppilisri@gmail.com> wrote:

Much has already been said by many of our experts on the above.As some of my friends seem to be concerned over my silence I now give below my observations

         Briefly stating the latest SC decision is significant in that it has revived the spirit of the 1983 verdict in Nakara's case.Pensioners of all categories (LIC,nationalised banks,SBI etc)have experienced that the objectives of Nakara judgement have got diluted over the last couple of decades by judiciary's adverse/unhelpful interpretations from the points of view of the pensioners.One of the  important weapons employed by the other side(govt/managements) has been to introduce a cut off date for eligibility to any benefits for the pensioners.They have gone

even to the extent of tinkering with their own pension rules by introducing new clauses, explanations etc to Justify their decision to exclude a section of pensioners from enjoying a particular benefit.- vide : case of G Palani &others vs Bank of Bank of Baroda).Further the cost aspect is also an important factor that might influence the judiciary in deciding any particular issue on hand.In spite of this scenario the Manipur judgement is very welcome on two counts viz.1) It has clearly frowned on the practice of prescribing cut-off dates and 2) It has strongly spelt out that all pensioners should be treated as forming part of a single homogeneous class.

            I am sure friends will agree that we have to assess the impact of this judgement only in this background in respect of our demand on the most important and much needed upgradation of pensions in sync with periodical wage revision for serving employees.It should be borne in mind that even the Nakara judgement is in a permissive tone with regard to classification of pensioners depending on whether the benefit relates to anything new or has something to do with an already existing benefit.All of us should remember that the automatic upgradation benefit could only fall under the 'new' category.When the federation of Retd LIC class 1 officer's Assns.fought on the issue of anomaly on the 'Dearness Relief' they very nearly succeeded in impressing on SC on the point of discrimination offending Art 14 of the Constitution and got an interim relief granted.It is another matter that full relief could not come about because of a queer verdict of the Delhi HC to which the matter had been remanded.The basic fact however remains that the said litigation related to adoption of different basis of granting DR for two groups created by an artificial cut-off date on an 'existing' benefit.While the appeal on that is again pending before SC, all pensioners (at least of LIC,)should understand that the demand for upgradation is on a different footing.

             Another important factor is that the real adversaries for us are the beauracrats both in the Govt and also in the managements of financial institutions.While the former has a mindset which would not tolerate any others being equated with them the later are only too pleased always to play the second fiddle to the former.It therefore follows that it is imperative that we work hard to impress on the political bosses heading the ministry on the need and justness of our demands on an important issue like upgradation.If they are convinced the beauracrats will have to act.It will therefore be wise that a representative delegation of both insurance and bank pensioners' organisations meet the FM & MOS(fin) at the earliest, though it would be a daunting task considering that the number of representative organisations of pensioners is large with five in the insurance sector and if I am right more than 20 in the banking both at the base and Apex levels.Who can therefore take the lead is a million dollar question!!

              In any case I strongly feel that in the meantime it is necessary to  ensure that (1)no representations individually or mass ones on-line are sent and(2)stop all efforts to hasten the verdicts in the pending cases before SC & High courts to avoid unhelpful court decisions &

further written negative response from the side of the govt as recd by Shri D. Krishnan 

May God bless us all

GN Sridharan 

(Advocate/LIC pensioner)

PS: For those who ,like me,are averse to reading long mails hard copy can be sent on request.