40% ( 20% in 2015 + 20% in 2016) Interim Relief purportedly in obedience of the order dated 31/03/2016 of the Hon'ble Supreme Court of India - Pay me the balance amount of Rs.169927.00 IMMEDIATELY
From: P Ramanathan
Date: 01-Jun-2016 1:31:46 pm
To: os.chennai-do1@licindia.com, CC: sz_pensioncell, sz_eos@licindia.com, sz_zmsectl Subject: 40% ( 20% in 2015 + 20% in 2016) Interim Relief purportedly in obedience of the order dated 31/03/2016 of the Hon'ble Supreme Court of India - Pay me the balance amount of Rs.169927.00 IMMEDIATELY
Re. : Payment of 40% Interim Relief to pra-01/08/1997 retirees in terms of the order dated 31/03/2016 of the Hon'ble Supreme Court of India in Civil Appeal Nos.8959-8962 of 2013 with Civil Appeal Nos.6995 of 2013, 9223 of 2013 and 9409 & 9410 of 2013 - SHORT PAYMENT MADE TO ME.
I retired from the services of our Corporation and the particulars relating to me are as under :
Name : P. Ramanathan
Date of retirement : 31/05/1996
Cadre in which retired : A O
Basic Pension : Rs.4720.00
Office paying pension : OS/Pension, Chennai D O 1, V floor, LIC Building, Mount Road, MADRAS - 2. 600 002
S R No. : 510396
Pension ID No. : 770100195
I have received your 5-page ' calculation sheet ' under cover of your letter dated 23/05/16 for the 20% (Rs.36235.00 paid on 13/05/2016) interim relief (40% less 20% of Rs.29638.00 paid on 16/09/2015).
I have been writing to you at frequent intervals to furnish me with the calculation sheet for the 20% paid on 16/09/2015 without getting anywhere so far.
Please let me have that calculation sheet also.
One is at a loss to understand why you are not giving one THAT calculation sheet when it is possible for you to give THIS calculation sheet!
And what you have allowed me as interim relief of 40% is only a total of Rs.65873.00 (Rs.29638.00 + Rs.36235.00) instead of the correct amount of Rs.235800.00.
So kindly pay me the balance amount of Rs.169927.00 IMMEDIATELY as one rupee got sometime later is not the same as the one rupee got now as you also know only too well.
Please send Form No.16 also for me to file my Income Tax returns for the F Y 2015 - 2016; A Y : 2016 - 2017.
Thanks and regards.
P. Ramanathan
S R No. : 510396 ; Pension ID No. : 770100195.
I received Rs.29638.00 on 16/09/2015 and Rs.36235.00 on 13/05/2016, making a total of Rs.65873.00, purportedly towards Interim Relief at the rate of 40% of the amount calculated as due to me in terms of the order dated 31/03/2016 of the Hon'ble Supreme Court of India.
The Hon'ble Supreme Court, vide para 27 of the judgment dated 31/03/2016, had ordered as follows :
"Keeping in view the totality of facts and circumstances of the case, it is hereby directed that the Corporation shall pay 40% as per para 3(A) of Appendix-IV (See Rule 37) to the L.I.C. of India (Employees) Pension Rules, 1995, to each of the employees within six weeks and shall file an affidavit before the High Court of Delhi to the said effect..." Para 3(A) of Appendix-IV (See Rule 37) to the L.I.C. of India (Employees) Pension Rules, 1995, states : "In case of employees who have retired or died on or after the 1st day of August 1997, the dearness relief shall be payable for every rise or to be recoverable for every fall, as the case may be, of every 4 points over 1740 points in the quarterly Average Consumer Price Index for Industrial Workers in the series of 1960 = 100, such increase or decrease in dearness relief for every said 4 points shall be at the rate of 0.23 per cent of the Basic Pension" Reading para 27 of the judgment dated 31/03/2016 of the Hon'ble Supreme Courtand para 3(A) of Appendix IV together, what is required to be done before calculating the 40% interim relief is that the Basic Pension has to be revised according to the post-01/08/1997 scales of pay by suitable interpolation / extrapolation using the fitment chart and thereafter the rate of 0.23% of the Basic Pension so revised has to be applied to calculate the dearness relief. Instaed, what has been done by the Corporation is that the present basic pension has been revised by simply adding the existing basic pension and the anomalous dearness relief as at 01/08/1997 and taking the merged figure as revised basic pension for applying the dearness relief rate of 0.23% for calculating the interim relief. THIS IS NOT ENVISAGED in para 3(A) o0f Appendix-IV (See Rule 37).
As a result I have received an amount of Rs.65873.00 (Rs.29638.00 on 16/09/2015 and Rs.36235.00 on 13/05/2016) instead of the correct amount of Rs.235800.00 which I am entitled to get as per order dated 31/03/2016 of the highest court in the land. Thus the short payment of Rs.169927.00 made to me constitutes contempt of court vis a vis order dated 31/03/2016 of the apex court.
I therefore request you to kindly arrange to pay me the balance amount of Rs.169927.00 by the just and proper implementation in letter and spirit of the order dated 31/03/2016 of the Hon'ble Supreme Court by the correct application of the provisions of para 3(A) of Appendix-IV (See Rule 37) to the L.I.C. of India (Employees) Pension Rules, 1995.
The payment is expected right speedily, please, as a sort of partial atonement for the injustice done to pensioners in general and to the pre-01/08/1997 pensioners in particular in many fronts and the alarming fall in the value of the Indian Rupee.
Thanking you and with regards,
Yours truly,
P. Ramanathan.
|
No comments:
Post a Comment