Dear friends,
1)The
thick of the legal battle at Delhi HC may hinge on outgo for LIC,if
pension upgradation with every wage revision is granted.It appears Hon
JusticeKhanna posed this question in earlier sittings .
Certainly,AIRIEF
will concentrate on ALL IMPORTANT matters hinging on & relevant to
this main prayer of grant of pension upgradation.Most crucial will be
the submissions on Fundamental Rights enshrined in Constitution
,Articles 14,16 & 21 ,Right to Equity, Equality & Decent
standards of living.Pension is not a bounty,it is deferred wage for the
past long services rendered to the institution,Pension is a Human Right
& so has to be protected legally & morally, Pension is also a
Property right & so cannot be wished away& so has to be guarded
& granted.All Pay Commissions, many High Courts & Supreme Court,
in unequivocal terms have asserted.after long delineations,that pension
has to be fixed, modified & changed ,preferably, in the same manner
in which wages & salary are modified & fixed ,for
employees.Even if some interpretation of deviations & restrictions
on Nakara judgement was given, by & large, the spirit of Nakara 5
-Judge Bench presided by Hon CJ Chandrachud cannot fade away ,as it is
regarded as the Magna Carta for pensioners & above all, subsequent
grant of pension revision with every wage revision was allowed ,after
good deal of debate & discussion , either by HCBench, SC Bench,
again a 5-Judge SC bench of former CJ Hon Lodha & all pertinently
pointed out forcefully, in spite of Govt wanting to give delayed or
Prospective, stuck to the earliest date from when Discrimination started
, 1/1/2006 for Govt servants ,not 1/9/2012 which CG went on appealing
upto Curative Petitions, all dismissed & the latest 1/7/2015 SC
judgement by Hon Dipak Misra & Sapre for Rajasthan university
,college teachers & Librarians etc whereby they wanted to put an end
to 6 grades below getting more pension than their Seniors & Hon
Bench commented such hostile discrimination has to be put an end to.
2)Though,
hitherto, we had prepared Outlay for RP & FP till 1/1/2015 only
& that too we concentrated on the Pensioners numbers from 1/1/1986
--31/7/2007, AIRIEF thought it fit to UPDATE & to the best of our
ability, with reasonable assumptions & where necessary proper &
careful interpolations or extrapolations to determine the Numbers in
each Group of pensioners & included RP & FP of the latest Group
too,1/8/2007---31/7/2012 , as wage revision & settlement was was
over only recently, fairly to coincide with All India figures as at
31/7/2012 .It was a marathon exercise & myself & Sri RKSahni
would have exchanged plenty of emails,corrections & modifications
& these Final Charts for RP & FP for 19 years 1/8/1997
--31/7/2016 uptodate came into being
Sri RKSahni has enclosed individual cadre calculation sheets also
3)
RP 32902 & FP 13,374 totalling 46,276 pensioners in all .,19 years,
All India RP outlay comes to Rs3098.82 cr
FP
Outlay is Rs 337.15 cr ,in all Rs3435.97 cr for 19 yrs,including latest
Group of pensioners for 5 yrs, & so Average outlay per annum is
only Rs 180.84cr
We have given separate for each cadres, separate for Class 3 & 4, Class 2, & for Class 1 too.
We have also given Average per capita per Pensioner & for Cadres & for Classes too
4)It was AIRIEF desire we convey to Hon Delhi HC Bench our openness & transparency, not wanting to hide anything.
All done fair & clean.
Total outlay is moderate which in no way adversely
affects financial stability & solvency
A convincing
& binding clause must be added ":As LIC will have correct data of cadres & groupwise figures etc,
THOSE NUMBERS can be substituted ,in our charts, & same correct methodology
as we have carefully & meticulously prepared,should be adopted to be
fair& correct .Such amounts only will be the final total outlay
without any distortion "
This
must be dinned into the ears of Hon Delhi HCBench & any opposition,
if at all, must be resisted with confidence & conviction.
Sr counsel must play a pivotal role
Let us pray that 29 August onwards ,things brighten up & we all closely watch the happenings
RBKISHORE
VP,AIRIEF
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