Dear friends,
At last God has given us a relief and we have won the Case at Madurai for 5 years Notional credit. The judgment confirmed our claim in no uncertain terms and we have attached the same for your reference.
Let me explain how we gave life to a lost case in Supreme Court. Even though we were all disappointed at the decision of the Supreme court on our claim for Arrears, none of the Executive committee members lost hope, and we discussed about the way to re-open the case with the available loop hole in the judgment, where the judge has relied upon the 5 years notional credit payment ( which was actually not paid) to decide the case against us. We consulted many legal luminaries and also retired Judges of Supreme court, to find a way to bring the case back to the legal forum. These things happened in spite of the criticism thrown by many that we lost the case because of inefficient handling. We remembered the proverb that the "winner has many but the looser has none". Keeping this proverb in mind and with the support of so many members who were with us we continued to find out a way out to come out of this loss.
God was with us, He gives us what we deserve and only after getting from us what He wants.Now I would explain all of you the way we wriggled out of this complex situation.
We asked all the members to send letters to the management for payment of 5 years notional credit.
We wrote to the management to pay the 5 Years notional credit to all the SVR optees.
We wrote to the ministry to make the payment. All these actions were planned to give pressure to the Management to reply. As expected, they did not reply.
Quoting this we wanted to go to the court and ask the court to intervene. But again problem came in the wake of huge pendency of cases in Madras High Court, which will delay the hearing and the purpose of our aim will get defeated. So, we found the round about route of filing case at Madurai.
But our Association do not come under the jurisdiction of Madurai as we have registered in Chennai.
Hence we asked four members from Madurai each representing NIC,NIA,UI,OIC, to file a writ asking the court to intervene and get the payment.
We got the order for those 4 pensioners diriecting the companies to hear them and give an order. Thus we forced the management to come out with a reply, which we know will be negative. Then we went back again to the court asking them to hear our case and give a direction to pay the 5 years notional credit payment. After the cases filed individually by all the four, as Association we impleaded ourselves in the case, thereby all the Association members would get the benefit. Since we have impleded our name came in the Respondent side.
All these actions cost so much of money and the number of times we went to Madurai is countless.
Our Advocate Shri Parthiban took this as his personal challenge and finally he argued in such a way that now we won the case.
Let all the criticisms be bygone, now that we have a rope to get up the hill we would use this and reach our goal.
What next? We are going to approach the management with a request, not to push us again to the courts and request them to refrain from going on appeal on Madurai High court's decision .
Second, we are going to approach the Seceretary for Finance and Insurance and submit the memorandum pleading the ministry to implement the decision of the Madurai High Court, without going on appeal . respecting the sentiments of the senior citizens.
Third, we are filing a caveat petition in the Madurai High Court, to restrict the management from getting a stay order.
Let us all wait for the celebration day for justice.
with regards
Nagarajan
Nisvrrea