B)
OUR SPECIAL PRAYERS ON THIS AUSPICIOUS OCCASION OF HOLY HOLI THAT ALL PENSIONERS PLIGHTS SHOULD DISAPPEAR & THEIR LIVES ALSO MUST BE LACED WITH VIBRANT COLOURS OF HOLI.
I)CAs in SC MUST ENSURE A GALA, CLASSIC, HISTORIC VICTORY TO ALL GROUPS OF PENSIONERS BY DISMISSAL OF LIC CAs. For the sake of clarity,to revise,recount & reinforce powerful arguments,even if concentrated attempts are made to deal effectively with CAs & allied legal matters,arguments are likely to spill over many inter-related issues & hence I have made an attempt to encompass larger ground.
VIEWED FROM ALL ANGLES, -----
CONSTITUTIONAL PROVISIONS,
FUNDAMENTAL RIGHTS ENSHRINED,
HUMAN RIGHTS OF ELDERS IN PARTICULAR,
PLETHORA OF CASE LAWS IN OUR FAVOUR,
SC VERDICTS, LATEST TRENDS IN SC VERDICTS INDICTING GOVT & BUREAUCRACY,
2)THE ROCKLIKE LIC BOARD RESOLUTION,24th NOVEMBER, 2001 -A PILLAR OF SUPPORT, LIC itself ,in its SECRET letterdt 31/12/2001 to then Joint Secretary,MOF,Sri Ajit Sharan, secured under RTI & 11/8/2003, to MOF/UOI state clearly "there is an urgent need to rationalize the DR structure available to different groups of pensioners in order to reduce the administrative inconvenience & also to see that different generations of pensioners are protected by merging the pension to a suitable index. " . This clinches the issue of successive pension revisions with every wage revision. It stretches & goes beyond Board Resolution to capture full & continuous pension revision at CPI 600,1148, 1740, 2328,2994.
It is also added " Central Civil Services (Pension)Rules ,on which LIC (Employees) Pension rules has been broadly designed, contains such an upgradation formula corresponding to revisions effected for Central Govt Employees "
3) Violation of MOU between LIC & Employees' Associations to 'pay Same DR to pensioners as Same DA for Employees'.Pre-8/1997 retirees getting 50% DR but post-8/1997 retirees getting Full 100% DR is high watermark of discrimination.
Such treatment is a clear,distinct, blatant violation of Articles 14,16 & 21 of Constitution.& ,'LIC pensioners are one integral group & cannot be divided into different classes.'What is discriminatory is arbitrary & what is arbitrary is unconstitutional.'
SC & HIGH COURTS never sacrifice the hallowed & time-tested principle of equality & equity & detest any trace of discrimination .
4)It was held by Courts that the removal of the anomalies shall date back to the date of the inception of the said anomalies and not any later artificial date
5)*THE SERIES OF 4 VICTORIES WE HAD IN JAIPUR HC,
*THE CLARIFICATORY SC BENCH ORDER DT 17 OCT 2012 TO SETTLE RETIRAL BENEFITS FROM DATE OF ELIGIBILITY
*DISMISSAL OF LIC SLP 29956/29957 ON 8 AUGUST 2013,
*THE CHANDIGARH HC VERDICT,9th NOVEMBER 2012, SUPPORTIVE TO PENSIONERS & ALSO ADDING 12 % INTEREST FOR DELAY,
*THE DELHI HC ORDER,30th JANUARY, 2013 REMOVING ALL DOUBTS OF PENSIONERS/PETITIONERS COMFORTING & CLARIFYING THEIR ORDER IS APPLICABLE ' IN REM' ie TO ALL PENSIONERS,IN SAME AGGRIEVED POSITION,
*THE FAILED ATTEMPTS OF LIC SR COUNSEL SRI ABHISHEK MANU SINGHVI, ON 30 SEPTEMBER ,2013 ARGUING FOR BLANKET STAY ORDER,REFUSED BY SC BENCH WITH A CATEGORICAL '' NO STAY '' ORDER ON Hon SJ VERDICT DT 12th JANUARY,2010 CWP 6676/1998 & CONNECTED MATTERS,
THE SERIES OF POSTPONEMENTS FOR REASONS BEST KNOWN ONLY TO JUDICIARY,
6)VALIANT ATTEMPTS AT ''MENTION '' MANY TIMES BY NOW ENABLING INITIALLY TO FIX QUICK DATES BUT the interest of the litigants goes unnoticed in the "typhoon" of legal proceedings" & ultimate ''illusion '' of justice, ALAS,
FAILED TO REACH SC EARS OR ASPIRATIONS PRESUMABLY & SO LIKE OCTOPUS, ENCIRCLING PENSIONERS MINDS & HEARTS WITH SADNESS & SORROW, THROB & PALPITATON,ANGER & FRUSTRATION ,FRETTING & FUMING,
7)*Poor retirement benefits, abysmal low Gratuity then, daily disabilities rising, heavy expenses on account of exhorbitant inflation & formidable medical outlay,erodes the already low pension. Basic Pension unchanged & static right from 1/11/ 1993 ,a long long 21 yrs !! is unthinkable,it will be a travesty of justice,building up, perplexing anamolies, glaring discrepancies & unbridgeable paradoxes, 8/9 cadres below,a Peon getting more pension than pre-8/1997 ED & so,has to be addressed & redressed,by this Hon Apex Court to set right this discrimination, with strict orders to LIC. It is an anachronism that LIC pensioners still continue in pre-1995 IV Pay Commission mode.
8)For FY 2013—14,TPI stood at 2,40,040cr ,a growth of 15.1%,
Investment,rental & other income Rs1,45,461 cr,growth of 16.3%,so
Total Income is pegged at Rs 3,85,501 cr ,growth 18.1%.
Total Expenses of Management Rs34,447 cr,showing a rise of 9.4%
*LIC paid advance IT of Rs5119 cr as against Rs4324cr for FY 2012—13
Service tax paid is Rs4022.4 cr ,provisional ,as against Rs3682.6 cr for FY2012—13
IT Appellate Tribunal,Mumbai has given the judgement in favour of LIC for AY2007-08, 2008—09, & 2009-10,LIC received refund of Rs 4190.2 cr for AY 2007-08,& 2009-10 on 31/12/2013 .
Refund for AY 2008-09 of Rs 9000cr app is expected shortly.
For FY2013—14,Investments of LIC rose by 41% to Rs 278,340.7 cr ,provisional, as against Rs196,828.4 cr in FY 2012-13
Up to November 10,2014 LIC booked profits of Rs 11,500 crore in the equity market.
9)Outlay needed is not even the tail of the Wage agreement PLLI or the tail of the Meal Coupon gift on September Anniversary 2010 or a tail of other Allowances other than DA, HRA, CCA There should not be a miserly, lackadaisical treatment meted out to diminishing tribe of pensioners ,who brought name,fame & reputation to the Institution
*TOTAL OPERATING EXPENSES & EMPLOYEES REMUNERATION & WELFARE EXPENSES i)TOTAL OPERATING EXPENSES-- --31/3/2011 :RS16,980cr: Rs497CR PENSION Payments 2.93% only
10)*All these parameters of a Goliath of a Financial & Service Institution ,a Rock of Gibralter, & a true picture & epitome of financial solvency,strength & solidity,LIC always the most significant partner in India's progress ,Govt 5year Plans,great leveller in share & stock markets, aam aadmi social security,& for acche din to come soon for all citizens as also insurance pensioners ----
all such valuable points, reason & logic,will convince Hon SC Bench to pooh pooh LIC Counsel arguments, make up their mind,that this rare gem of an institution 's pensioners must get their dues,denied for so long.
11)*More than 14 years,money,labour, energy,inconveniences, delay, adjournments, court rules & procedures,adverse health,sacrifices,are being silently borne by pensioners,.Family pensioners have crossed 15,000 out of total 48,000 pensioners app .FP % to RP-RegularPensioners has jumped from 17 % to 38 %,sad indeed. Lack of money power,lung power,muscle power,political power,must be compensated & addressed by only by High Courts & Supreme Court to establish truth & justice.
12Plethora of vital data, statistics are supplied to Sr Counsel to strengthen & fortify his submissions with courtcraft & bodylanguage coupled with his own legal acumen, repartees & reverential references to Hon Judges with suave,assertive & forceful depiction & arguments, retort to LIC Counsel & to gain good image before SC Bench
13) LAST MONTH DIALOGUE WITH SR COUNSEL SRI NIDISH GUPTA,WHO WON THE CASE ON 30/9/2013 FOR SECURING' NO STAY ' ORDER, BY SRI ASTHANA FOR OVER AN HOUR AT DELHI VERY HELPFUL.SR COUNSEL STATED MORE AUTHENTIC CASES TOO HE HAS COLLECTED,CALM & CONFIDENT TO REBUT ANY EVENTUALITY OF SUBMISSIONS BY LIC SR COUNSEL ATTEMPTING TO SABOTAGE
Sri Asthana is also meeting our Sr Counsel a day before hearing to have full-scale final discussions to ensure a thorough & professional approach ,armed with all provisions & data to clinch the issue in favour of beleagured pensioners.
14)ABOVE ALL, THE ASSERTIVE, ARTICULATE, POWERFUL COUNTER AFFIDAVIT OF SRI ASTHANA, POINTEDLY DEMOLISHING ALL ARGUMENTS OF LIC ,WITH SOUND LOGIC, REASON,CONVINCING LAW POINTS
15)The objections,misuse of common judgement, the frivolous litigation,non-maintainability of CAs,the discretionary condonation of inordinate delay,the superfluous submissions, the postponements & adjournments galore,with no primary or vital reason ,
16)UOI/LIC should not be a compulsive litigant & especially in Sr Citizens,pension/retirement benefits ,no Appeals be made as a conscientious National Litigation Policy to be made a reality.Yet, LIC & Govt go in for Appeal, Review, SLP,CAs
17)Sanctity of Mention lost, to the detriment of pensioners,thousands of pensioners have died & are dying,sad commentary indeed for the eyes & ears of Hon Judiciary & so
a clearcut Judgement without ambiguity & with specific directions to LIC must be the outcome
With Faith & Intense Prayers for Final Hearing Final Victory
18)i)direct the Petitioner Corporation revise & pay the pension in the pay scales as revised on & from 1/8/1997, 1/8/2002 & 1/8/2007 & as may be applicable from time to time by fixing pay on the same stage in the pay scales of which the pensioner was drawing on the date of retirement and pay 50% of that "pay" taking all the ingredients as are eligible for pension and Dearness Relief at the same rate as is applicable to that basic pay from the date of retirement;
ii)direct petitioner Corporation to make payment of arrears of difference on & from the date of retirement consequent upon revision of pension with a definite deadline of 5/6 weeks as this Hon Court may decide
iii)direct petitioner Corporation to make these payments with 12 % interest from the due effective date to date of payment
19)ONLY VICTORY MUST EMBRACE ENTIRE PENSIONERS FRATERNITY WAITING EAGERLY FOR THE HISTORIC VERDICT.
May the Lord's invisible hand write the judgment on DDay for Pensioners
20)Let this be the harbinger for final solution once for all to pensioners woes by holistic implementation of Apex Court verdict
R.B.KISHORE,VP,AIRIEF
Best wishes to you for a Holi filled with sweet moments and memories to cherish for.INDEED LIFE IS MULTI-DIMENSIONAL & MULTI-COLOURED
