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Sunday, 10 January 2016

DR Anomaly faced by pre-August 1997 retirees

That was the right thing to do.This was the point that was specifically raised in the first writ petition no 6676/1978 filed by Mr KML Asthana & others at the Jaipur Bench.The writ petition was allowed in effect ordering LIC to rectify the anomaly of the dual DR formulae for retirees and in-service employees.This was also the intent of LIC Board Resolution dated 24/11/2001 which was ordered to be implemented by LIC in the Jaipur judgment which was delivered on 12/1/2010.However LIC found it convenient to interpret the Resolution in its own way and calculate benefits(erroneously) from 1/8/1997 instead of from 1/11/1993 or the date of retirement whichever was later.
It is  also significant that in its Interim order dt 17/10/2012 while clarifying its earlier order, the Supreme Court had ordered LIC to pay the retiral benefits from the date they were due while depositing the amounts in the Jaipur HC Registry.This was also in recognition of the fact that DR anomaly had to be removed first before anything else.
Thus from any angle the actions of LIC in regard to the Jaipur petitioners are legally uncompliant.The same  faulty approach was repeated by LIC while depositing  amounts relating to petitioners before Chandigarh HC and also while calculating the interim relief paid to about 1200 retired class I Officers(cleverly avoiding providing calculation sheets) in September 2015.
Let us hope all this mischief gets exposed before the Supreme Court on 20/1/2016 or soon thereafter.
Greetings.
C H Mahadevan

On Sunday, January 10, 2016, Sastry Vinjamuri <svinjamuri40@gmail.com> wrote:
Sir,
     Namaste. Thank you for elucidating on the matter of D.A. anamoly. But what prompted LIC to make the D.A. formula uniform to pensioners and serving employees,from 8/97, without any asking from employees' and officers associations, as far as know. Regards,
v.v.l. n.sastry.