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Friday, 5 June 2015

Reflections on pension Developments & CG SC Cases Attachments breathe vigour & hopes


Dear All,

1)   All over,a sudden brake on forward-thinking for Pension Upgradation, negative utterances,14th Finance Commission warning to UOI of a potential fiscal liability in future with the introduction of OROP for Defence Services etc resound & reverberate. We saw the  debacle for Bank pensioners when UFBU  backstabbed AIBRF& a storm of protest from all round,pensioners retorts with sound reasoning, the beautiful, sculpted, case laws quoted, the RECORD NOTE  , a virtual confession of retrograde developments for pensioners, blowing off utterly erroneous, highhanded comments---no contractual relationship exists etc with  a thundering REJOINDER from Retd GM, Bank of Baroda, the immediate clarion call of AIBRF ,the rally at such short notice with good attendance,what sort of UNITY  demonstrated ,hats off to Bank pensioners, AIBRF letters to  IBA, UOI &  sooner meeting to consider & resolve pensioners issues,that is what it ought to be.Hope & pray the Clock is wound  back for positive,open & frank dialogues

2)   So, we should not lose sight of Main Objective of FULL DR to adversely affected groups of pensioners & Pension revision with every wage revision to be on TOP AGENDA without losing shine, Pensioners Fedns not to relax or relapse to an attitude of resignation but to persist in their progressive efforts & to intensify followup of measures they have chalked out earlier with full coordination with all Pensioner Fedns to be of one mind,

3)   See the Attachments, 14th Finance Commission & Pension Expenditure & another Ministry of Personnel,Public Grievance & Pensions Dept& Pensioners Welfare,Office Memorandum on Revision of Pension of Pre-2006 pensioners.
Till such time, Pension Upgradation issue is resolved satisfactorily, words Pre & Post will remain & ALL Pensioners Fedns must ensure installing high the pedestal of Golden words of Magna Carta of pensioners ,famous Nakara 5 Judge immortal Judgement annulling heterogeneous division of pensioners who form a homogeneous group & so entitled for pension revision with every wage revision ,preferably ,as they said, on same lines as is normally done for employees for wage revision,

4)   Read the 2nd attachment,right from CAT,New Delhi, to Delhi HC ,4 Writ petitions, All dismissed, then  4 SLPs  in Hon SC ,one pertaining to Central Govt  Pensioners Assn dismissed on 29/7/2013,,again harassment Review Curative Petitions ,also failed,GOI decided to comply by extending requisite benefits to parties involved in said SLP.
But SLPs36148--50/2013 were tagged on with CA 8875--76/2011

5)    Look at 3rd  & 4th Attachment ,Page 1 & Page 2,
I pray 23 September 2015,date earmarked by Hon SC Bench Dipak Misra & Prafulla Pant disposes the LIC & UOI  SLPs tagged with CAs 8959--62/2013  in ditto similar fashion, as they are positioned in same manner, with greater authenticity on merits of the case,which will figure in Sr Counsels submissions, for which copious Notes,Data, Statistics,Pension bill a trickle 2.9 % of Total Mgt Expenses & Employee Remuneration & Welfare expenses ,Pension upgradation outlay not even the tail of the wage agreement,PLLI or Midday Meals Coupon, Basic pension static & unchanged for 22 years from 1/11/1993, unthinkable,Family pensioners jumping from 18% to 38 % & in some Zones 42 %,Pensioners above 70, pretty high Elders & Super Sr Citizens,Fundamental Rights violated, Rocklike LIC Board Resolution dt 24 /11/2001,so contractual obligations on lines of Hon SJ Bhandari, Jaipur HC extending the paltform of LIC Board Resn to subsequent wage revisions, by his Order dt 12/1/2010 admitting BOTH Writs of FULL DR & Pension upgradation 654/2007, confirmed by DB by dismissal of LIC Appeal & again yet another dismissal of LIC Review Petition, SC Bench then 8/8/2013 dismissing LIC SLP 29956/57 /2011. & in spite of hectic attempts on 30/9/2013 by Sr Counsel LIC to break the bottom & presuming case back to Square One, SC Bench clearcut NO STAY ORDER thus spoiling the wily designs of LIC/UOI,Chandigarh HC upholding principles of Jaipur verdict adding 12 % interest for delay & Delhi HC also tuning same verdict of Twin benefits in DB Jaipur Judgement, as many as 9 Judges of same mind,why even the NAMO dispensation ,not fair,ethical & equitable even to Sr Citizens & Elders,delaying & only now National Litigation Policy being spruced up,but IMPORTANT provision of earlier dispensation that Retiral benefits of Elders etc ,Instns/Govts shd not act as Compulsive Litigants ,delaying & dithering Final Outcome, this must figure,not mere administrative lacuna of bulging & expanding arrears by more appointments & filling vacancies, but a DEADLINE of 2 yrs or so,Elders must get reprieve.More so when Finance & Service Sectors are the engines of growth & not squander resources from Budget as CG.SG, Railways, Defence, PSE, Loss making PSEs with CG support etc,really All-New-Pension-Legitimate- World of ours , as against Monstrous Expenditure from Public taxes & Exchequer, right Royal we shd have secured.Further as reported 40,000 deaths of Bank pensioners & 15,000 deaths of LIC pensioners, who are answerable ?SC Bench must weigh these LEGITIMATE considerations & without any FURTHER adjournments, DECIDE insurance finale with a real APEX COURT spirit & courageous ,fair decision proving SUPREME ,bringing smiles on the faces of pensioners in the twilight of their lives

Greetings, Goodluck & Godspeed,

R.B.KISHORE
VP,AIRIEF 
Attachments:
         2. AIRIEF CG SLP CAs
         3. AIRIEF UOI SLPs CAs
         4. AIRIEF CG Revn of Pension