R.B.KISHORE
1) Let us remind ourselves that in recorded history,pensioners have not lost their case or cause. If Punjab & Haryana HC Judgement accepting Rajasthan HC verdict of admitting both the writs 6676/1998 on DR & 654/2007 on pension upgradation,still Doubting Thomases exist, & this Court went further to order 12 % interest, instead of keeping mum on this aspect as they legitimately felt about delay,or let the law in SC take its course attitude they didn’t adopt,so too Delhi HC while relying heavily on Rajasthan HC verdict, also graciously empathized & added the much-needed oxygen to pensioners that verdict will be applicable ‘ in rem’ . So too, when SC Bench much earlier on 14th October, 2012 while giving clarification to their earlier vague order 17 Nov 2011, asserted –settle retiral benefits from the date of eligibility,meaning date of retirement,thereby emphasizing pension upgradation.
2)Pension upgradation was
& is the MANTRA of AIRIEF. AIRIEF displayed high the MOU between LIC &
all UNIONS dt 14/1/1994 wherein unequivocally 'SAME DR for PENSIONERS as SAME DA for EMPLOYEES' is
mentioned. PRE-8/1997 Pensioners cannot be shied away.So too,we in AIRIEF prepared the LOSS of PENSION Chart way
way back & circulated it to all LIC,
MOF/UOI.We stayed in Mumbai for days, met LIC Board Members, convinced them
,that apart from Equal DR to all ,Pension revision with every wage revision
alone can rectify or remedy the glaring anamolies & absurdities in pension
witnessed amongst various cadres inter-se.That saw the 11.25% Fitment weightage
inserted to upgrade pension. It
is an eloquent testimony for equity & equality. As some
right-thinking pensioners & activists say & proclaim, it is 'ALREADY A WON-CASE " .Remember Hon SJ BHANDARI utilised LIC Board Resolution
,delineated the same , interpreted as a stepping stone to further his
arguments to rewrite another unique
Magna Carta for LIC pensioners .
3)Why,recollect & reinforce
yourselves that if famous Nakara judgement,1983 ,regarded as the Magna Carta
for pensioners presided over by Hon SC
Chief Justice Y.V.Chandrachud in a 5-Judge Bench pronounced & upheld
pension upgradation, remember just 4 months before,Hon CJ, SC again Justice
R.M.Lodha who laid down office on 26 Sep, 2014 in a similar 5 Judge SC Bench
ruling upheld OROP for Armed Forces
& even when UOI tried to stick to 9/2012 as effective date, series
of all Petitions, SLP, CA, Curative petitions were summarily dismissed
admonishing CG & ordering them to implement from 6th PC date
1/1/2006. What else do we need? Have trust & faith.Everything is predominantly
in pensioners favour. Let
us cleanse atleast the impurities in our mind,.hold aloft the bright
torches,please.
1) Let us remind ourselves that in recorded history,pensioners have not lost their case or cause. If Punjab & Haryana HC Judgement accepting Rajasthan HC verdict of admitting both the writs 6676/1998 on DR & 654/2007 on pension upgradation,still Doubting Thomases exist, & this Court went further to order 12 % interest, instead of keeping mum on this aspect as they legitimately felt about delay,or let the law in SC take its course attitude they didn’t adopt,so too Delhi HC while relying heavily on Rajasthan HC verdict, also graciously empathized & added the much-needed oxygen to pensioners that verdict will be applicable ‘ in rem’ . So too, when SC Bench much earlier on 14th October, 2012 while giving clarification to their earlier vague order 17 Nov 2011, asserted –settle retiral benefits from the date of eligibility,meaning date of retirement,thereby emphasizing pension upgradation.
