it is lock down time now.

FEDERATION OF RETIRED LIC CLASS I OFFICERS' ASSOCIATIONS  

President :    N.P. Bali 705, Sur, Veena Saaz, Thakur Complex, Kandivali (East), Mumbai - 400 101 Mob : 9820324213 Email Id - npbali@hotmail.com

General Secretary :    D Krishnan No.6/1, Sreshta Riverside Apartments, Wood Creek Road, Nandambakkam, Chennai - 600089 Tel : 9176635967 / 044 42850049. Email Id - dkrishnan1@gmail.com

E circular No.DK/20                                               24-04-2020

Friends,                 

Reg:   Some Thoughts on possible changes ....

There can't really be too many developments now, to keep  communicating at frequent intervals, as it is Lock-Down time. However, certain changes happening out there, in the public sphere, are worth noting, as they may have some indications for us too, since the matters concerned, are all intended towards

The Central Govt. Staff and Pensioners are now headed for a Freeze of their 6 monthly DA/DR changes, for at least the next one and a half years. (The notification is appended below) The Govt’s expected savings  would be around Rs. 37530/- crores, and if the State Governments also follow suit, the saving could be around Rs.  82000 crores, thus totaling to roughly 1,20 lakh crores,   which  money can be utilized for the Corona Fight that is being organized on an unprecedented National scale, by the Central Govt..  Opinions may differ on whether the end would justify the means. At any rate we have to wait and watch.

Can this logic apply equally to LIC and the other public sector organizations too? The logic certainly has its innate force, due to the prevailing circumstances. However, there is a major difference. If our DA/DR  too is frozen for a time, it wouldn't ipso facto mean that much money in the hands of the Govt..  Ours is essentially paid out of the funds invested out of deductions from the Pensioners' money sacrificed by them at Retirement , to be of use to them for future. Yes, the Central Govt. may ask the Public Sector organizations too, to pass on that much, that would have been paid out as DA/DR raise, for a period of time, while asking for a freeze to be effected for us, if it has to be. It is to be seen, whether  such a move will be initiated.  All we need to understand now is that, at a time when the whole economic machinery has ground to a halt, generating resources for the Governmental need for fighting the Virus menace, can come only through savings from such sources. We will need to hold our breath, to see what is in store for us.

It is also reliably understood, that the Govt. has already taken advance measures to safeguard national priorities, as and when the wheels of the economy do get moved, beyond the lock down period. It is reported that at least for a period of 6 months after the re-start of the economy, there shall not be any strike of any kind from the service industry, which includes the Banks, whose final stamp of approval has not been placed on the points so far negotiated and agreed to mutually.

I am also sending here the draft of a letter written by Sri Nidesh Gupta , Senior Counsel for  AIRIEF, on the Case (SLP) in the SC now, to the Chief Justice of the Supreme Court, urging on him, that the Courts should not be in haste to re-open normal functions, in view of the very worrying situation caused by the spread of the Virus. It is a mature write up, quoting facts from all over. Sri Nidesh Gupta is a very accredited Sr.  Counsel and much was/is expected of him when our SLP is taken up again. While he did look to be the one Counsel, who was most confident when our Hearings came up, he is the very same person, who is now suggesting to the  judicial system the merits of waiting and watching. That should also make us think, if we had ever carried a feeling, our Case should come up earlier than later.

In DK --19, I had mentioned names of Associations that have done remarkable work in making Collections for the PM's CARES Fund. I had omitted mentioning the name of Odisha which has also made good collections in these difficult times.

Wishing all of you the very best in these tough times

With Greetings

D. Krishnan.

NOTIFICATION  ---  FIN.MIN. FREEZES INCREMENT ON DA, DR FOR CENTRAL GOVT EMPLOYEES, PENSIONERS

 

23 APRIL 2020  Last Updated at 1:59 PM | SOURCE: PTI AND ALSO GO OF THE DATE (23/4/2020)

       

New Delhi, Apr 23 (PTI) The finance ministry on Thursday decided to put on hold increment in dearness allowance (DA) for 50 lakh central government employees and 61 lakh pensioners till July 2021 due to the COVID-19 crisis.

"In view of the crisis arising out of COVID-19, it has been decided that additional instalment of dearness allowance payable to central government employees and dearness relief (DR) to central government pensioners due from January 1, 2020, shall not be paid.

"The additional instalment of DA and DR due from July 1, 2020, and January 1, 2021, shall also not be paid," the Department of Expenditure said in an office memorandum.

However, DA and DR at current rates will continue to be paid.

According to sources, the combined savings on account of freezing of these instalments of DA and DR to central government employees and pensioners would be Rs 37,530 crore in the current financial year and 2021-22.

Generally, the states follow the Centre order on DA and DR.

It is estimated that the savings on suspension of these instalments of DA and DR of state government employees and pensioners will be Rs 82,566 crore, the sources said.

Thus, the combined savings of the Centre and states will be Rs 1.20 lakh crore, which will help in fighting the battle against COVID-19 and its fallout.

The last DA hike for central government employees was effected last month effective January 1. 2020.

The Union Cabinet had approved a 4 per cent increase in DA for government employees and pensioners to 21 per cent.

With Thursday’s decision, this 4 per cent hike has been put on hold. PTI JD DP HRS

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NIDHESH GUPTA         SENIOR ADVOCATE        April 13, 2020.

Shri S.A. Bobde

Hon’ble the Chief Justice of India

5, Krishna Menon Marg, New Delhi – 110 011

 

Respected Chief Justice of India,

Amidst the Pandemic which continues to spread like wildfire, there is also an increasing clamour for the reopening of the economy and for “going back to work”. Similar concerns for the reopening of Courts have also been voiced. The one factor for which India has won international acclaim is the early lockdown which was imposed by the Hon’ble Prime Minister. Although new infections in India continue to rise, the grave forecasts which had been predicted had the lockdown not been imposed, have been successfully averted. To lift these restrictions and to allow Court proceedings to be started at this stage would be akin to strolling on the lip of an active volcano. It would be my suggestion that Courts should not be reopened at an early date. The reasons are not far to seek. I place some such factors, which your Lordship may kindly consider:

     I.        The determination of the nature of the new Coronavirus is still a “work in progress”. While initially, the World Health Organisation(WHO) had recommended a distance of 3 feet as being safe, the US Centre for Disease Control and Prevention (CDC) has recommended 6 feet as a safe distance. However, in a recent study of an investigation (which was published this Friday in “Emerging Infectious Diseases” a Journal of the CDC), it was stated by researchers led by a team at the Academy of Military Medical Sciences (AMS) that although the most heavily concentrated virus was found in the floor of the wards, perhaps because of gravity, high levels of the virus were also found on various surfaces like computers, trashcans, railings, door knobs, etc. Most of the samples from the soles of the ICU staff also tested positive. The aerosol transmission i.e. the droplets of the virus were so fine that they remained suspended and airborne for several hours and were found upto 13 feet from the patients.                                                                                                          Yet again, in another study by Aerosol and Diagnostic Specialists Medical, it was revealed by Dr. Boris Gorbonuv that where there was a supportive wind current (which can also come from an operating air-conditioning vend), this virus could be transmitted for up to 20 meters. The point I wish to make is that the details regarding the nature of the virus are still being studied and new studies are coming up with new figures on a daily basis. It would, therefore, be incorrect to accept a distance of 3 or 6 feet as a final conclusive safe distance to be maintained.

 

   II.        Similarly, it was largely believed that once a person had been infected with the Coronavirus, he was safe since he would develop anti-bodies to the Coronavirus. However, recent studies have shown quite to the contrary. A study coming out of Shanghai which examined the blood samples from 177 patients who had recovered from mild Covid-19 found that a third develop low levels of anti-bodies and in some patients they could not be detected at all. There have been a number of reports of persons who had been infected with the Covid-19 and had recovered only to find themselves re-infected. Last week, South Korea said that 91 patients whom it had thought had been cleared of Coronavirus had again been tested positive. Investigations are underway to determine the reason therefor. Closer to home, Times Now today reported that 2 of the recovered Coronavirus patients showed symptoms again and had been readmitted. This again show that the studies with regard to virus are at a nascent stage.

 

  III.        In countries where the virus had been largely controlled and which had opened up to some extent, there has again been an increase in the number of positive cases. For instance, China’s new Covid-19 cases have risen to a six week high as per the latest data made available on April 12, 2020 when new cases above 100 were reported. Similarly, Singapore reported 233 new cases as of known of April 12, 2020 according to its Health Ministry and 167 of those cases had no links to known clusters or cases (thereby placing them at the stage of community transmission). Similarly, South Korea reported 25 new cases on the same date. St. Jerome, the Latin priest had rightly said that the “scars of others should teach us caution”.

 

 IV.        Again, while initially it was suggested by Dr. Mike Ryan, Executive Director of WHO’s Health Emergencies Programme, last Monday that there was no specific evidence to suggest that wearing of masks by mass pollution had any potential benefit, the said recommendation was changed by Friday i.e. four days later, where Dr. Ryan now said that the use of masks, both homemade and cloth-masks, at the community level may help with overall comprehensive response to the disease. Thus, even on issues on whether a mask should be worn or not, there has been much speculation and a final determination is yet to be made.

 

  V.        The New York Times in a recent article has quoted from the projections prepared this Thursday by the Departments of Homeland Security and Health and Human Services, wherein it has been stated that in case the stay at home guideline was not placed, the death toll could have reached 300,000 in the United States of America according to their projections and in case the 30 days’ stay at home guideline is lifted, the death toll could still reach 200,000 even if schools remain closed till summer and social distancing continues.                                                                                             

 

There has understandably been much criticism of groups who have gathered together for various religious, political and other ceremonies in India and abroad. By doing so, they have thwarted the benefits of lockdown and social distancing which were being practiced by a majority of the population. It would be inconceivable to see the repercussions emanating if Covid-19 cases spread during a Court proceeding in case Courts were to start functioning at an early date.   

When Judges, lawyers, Court staff and clerks will come to Court, they will obviously be touching desks, door knobs and even sitting in close proximity. The senior lawyers will be sitting next to his junior assisting counsel and the Clerk will be handed over the file at the end of the matter. Similarly, the Judges will have to come in contact with the Court staff. The Court files will also be touched by various persons. Even if one person is to get infected in this chain and were to pass on that infection and contaminate the Court premises, it is frightening to visualize the repercussions which will flow therefrom. We are dealing here not only with a situation of viruses being transmitted through the air but also fomite transmission.

It is therefore advisable, for the time being, to continue to utilize the latest available technology for permitting Court proceedings to be carried out through video-conferencing.

Even when Court work resumes, the standard of what is “normal” will be very different from the erstwhile “normal”. Perhaps it would be appropriate at that stage to consider the following:

A.  . Only those lawyers who have Court cases should be permitted to enter the Court premises. There should be a restriction of having only one junior advocate and clerk accompany a senior advocate. No clients should be allowed inside Court premises.

B.  If technology permits, then have rapid testing facilities available at the entrance to check whether persons entering a Court room are infected or not. Similarly, thermal scanners be provided for checking whether those entering Court premises are having fever or not. 

C.  Staggered hearing be conducted of only limited matters on amiscellaneous day. Five cases be stipulated for every half an hour and only the lawyers whose cases are being heard should enter the Court premises. On other regular hearing days, only a few cases be posted for hearing with only the concerned advocate whose case is being heard being present in the Court premises. 

D.  Adequate arrangements will be required to be made for advocates to be able to stand in the shed outside in the summer months since it would not be advisable for advocates to be sitting in close proximity in bar rooms while waiting for their cases. Hand sanitizers be made available inside and outside the Court room.

Ordinarily, it would be inconceivable for the Courts to remain closed for a long duration of time. However, these are no ordinary times. A Pandemic is once in a lifetime extra-ordinary situation. Compelling circumstances require a compelling response. As Sir Martin Luther King said that we must accept finite disappointment, but not lose infinite hope.

In view of all of the aforesaid, I would request Your Lordship to kindly take a considered view and to err on the said of caution and not reopen Courts at an early date. The French Poet Victor Hugo had rightly said, “Caution is the eldest child of wisdom”.

Thanking you,

( NIDHESH GUPTA )

Senior Advocate

With Greetings,

--

D.Krishnan

General Secretary