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We are all aware that the two most important and contentious issues involved in our legal fights are
1) 100% neutralisation on DR for whom it has been denied and
2) upgradation of pensions for all in sync with periodical wage revisions for those in service
.They are identical for both groups.I am taking the liberty of writing about the fortunes of both so far in the field of judiciary and also convey my views on the on going legal fights.
For Bank Retirees the 100% DR problem affects their pre Nov 2002
retirees.During the last decade the issue had gone up to
Supreme court through two seperate streams. One initiated by
pensoners' organisations of four Nationalised banks with IOB unit
in the lead before the Madras High court. The other channel started
with what we all know as the 'United Bannk's case before Kolkata
High court. Both reached SC level for adjudication. SLPs in both
were decided AGAINST the pensioners .At one stage there was a funny
situation of two differing views being held by two different
benches of SC . Anyway after the disposal of SLPs ,Review petitions
were filed and negative verdicts for pensioners were confirmed .
Not wanting to give up the IOB group filed curative petition
also (243 of 2019) which was also dismissed recently on 10/12/2019
by a three judge bench headed by CJI.
With this I am of the firm view that bank pensioners have reached the end of the road in their quest for 100% neutralisation through judiciary.
In contrast let us see how we (LIC pensioners ) have fared on the DR issue. Thanks to the practical approach of the fedn. of Retd clas1 officers' Assns, and the effective role played by their then Sr counsel ( Mr. Shriram Panchu who was later named as one of the mediators in Ayodhya dispute by SC) the stand of violation of art 14 was very nearly vindicated but for some technical procedural requirement the matter was remanded to Delhi HC after an interim relief was granted.Unfortunately the Delhi HC judgement diluted the 100% principle by its own prescribed formula.Still it is a fact that at least about 90% neutralisation has come about. No doubt the issue still forms part of the appeal (SLP) now pending before the SC.
I personally feel (based on my experience as an an advocate of considerable standing) that all arguments on DR should be STOPPED and the affected surviving pensioners are already satisfied.
LIC pensioners should feel happy that they have luckily escaped the judicial assault on DR though with some 'bruises'!!
It is now time to concentrate and try our luck on the other and more important issue of up gradation of pension. Now that a firm date (5/2/2020) is known there will he a spate of expert opinions flowing from all quarters through blogs or otherwise. Efforts will be made to revive the 'gathbandhan'of a few organisations to help boosting the image of their leaders if not to placate those who unnecessarily deplore lack of unity when in fact it cant have any impact on the bench.In my view all these exercises may not help the cause.
Each of the assns. have engaged good counsels and it will be wise to leave matters to them instead of continually briefing them to argue as we want. In this context I would say that the course of action suggested by a reader of the 'chronicle (shri PV Raghavan ) is practical and laudable
I appeal to all pensioners and leaders to relax till we get to know what happens on 5/2.It should also be remembered that Govt may present spokes again on any further progress in the case unless they decide issues on Bank pensioners.
With this I am of the firm view that bank pensioners have reached the end of the road in their quest for 100% neutralisation through judiciary.
In contrast let us see how we (LIC pensioners ) have fared on the DR issue. Thanks to the practical approach of the fedn. of Retd clas1 officers' Assns, and the effective role played by their then Sr counsel ( Mr. Shriram Panchu who was later named as one of the mediators in Ayodhya dispute by SC) the stand of violation of art 14 was very nearly vindicated but for some technical procedural requirement the matter was remanded to Delhi HC after an interim relief was granted.Unfortunately the Delhi HC judgement diluted the 100% principle by its own prescribed formula.Still it is a fact that at least about 90% neutralisation has come about. No doubt the issue still forms part of the appeal (SLP) now pending before the SC.
I personally feel (based on my experience as an an advocate of considerable standing) that all arguments on DR should be STOPPED and the affected surviving pensioners are already satisfied.
LIC pensioners should feel happy that they have luckily escaped the judicial assault on DR though with some 'bruises'!!
It is now time to concentrate and try our luck on the other and more important issue of up gradation of pension. Now that a firm date (5/2/2020) is known there will he a spate of expert opinions flowing from all quarters through blogs or otherwise. Efforts will be made to revive the 'gathbandhan'of a few organisations to help boosting the image of their leaders if not to placate those who unnecessarily deplore lack of unity when in fact it cant have any impact on the bench.In my view all these exercises may not help the cause.
Each of the assns. have engaged good counsels and it will be wise to leave matters to them instead of continually briefing them to argue as we want. In this context I would say that the course of action suggested by a reader of the 'chronicle (shri PV Raghavan ) is practical and laudable
I appeal to all pensioners and leaders to relax till we get to know what happens on 5/2.It should also be remembered that Govt may present spokes again on any further progress in the case unless they decide issues on Bank pensioners.
May GOD bless us all
- GN Sridharan.
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