To
All Divisional/Regional/State units of AIIPA
Dear Comrades,
Re: DELHI HIGH COURT PROCEEDINGS TODAY-AIIPA COUNSELS MAKE EFFECTIVE AND STRONG PLEAS
All India Insurance Pensioners Association's [AIIPA] Senior Counsel, Sri Nagmohan Das and Advocate on Record, Sri Som Dutt Sharma made strong Pleas on the twin prayers of cent percent neutralisation to pre-aug.1997 pensioners and updation of Pension, today and these were well received by the Court.
Though there was to be no scheduled hearing, listed for the day our Counsels could insist and secure a hearing today.
Our Counsels arguments were brief but effective and to the point. Our Counsels pointed out the LIC Pension Rules were not a package and that did not bar the Pensioners from demanding improvements. It was argued and made clear that discussions between Employees' Associations and LIC Management in 1993/94 resulted in framing of Pension Rules and there was no settlement between the parties under Industrial Disputes Act and as such estopped pensioners on seeking further benefits.
Our counsels told that Pension is a property under Art.[19], when it is denied on par with other equally placed persons, there is scope for challenging the inequality and the pensioners have the right to improvements in pension and quoted a case law to bring out distinguishing features on discrimination, liberal interpretation in favour of pensioners and pension is a property.
It was strongly contended by our Counsels that LIC pensioners form a homogeneous group and are equals and there cannot be any discrimination on the basis of a cutoff date, based on their date of retirement, which is violative of Art.[14].
On financial implications, for grant of cent percent neutralisation to Pre- August 1997 Pensioners, Counsels informed that LIC Board Resolution meant provision of about Rs. 141 Crores between the year 2001 to 2016 and if payment of 40% Interim Relief and the balance 60% due was reckoned, the cost therefore is miniscule. At this point, the Bench observed that cost was not a factor even if it was more than the figure quoted.
On Updation of Pension for LIC Pensioners, irrespective of Date of retirement, our counsels argued that Central Government accepting Vth, VIth and VIIth Central Pay Commissions' recommendations and by issuance of O.M.s, have extended pension updation to theirpensioners though there is no such provision for pension updation in C.C.S.Rules, and pointed out that when CentraL Government can grant pension updation to its Pensioners without any provision for
pension Updation, there was no reason why similar benefit could not be extended to LIC Pensioners and appealed to the Court for grant of the benefit of pension updation to LIC pensioners.
On ripple effects in other sectors, if any benefit is granted to LIC pensioners, our Counsels argued no concrete evidence has been placed. Quoting Art[21], as man grows old requirements for health and other wants also increases, hence there is need for udgradation of pension on par with central govt. pensioners and other similarly placed pensioners, Counsels wanted.
Court observed that pension cannot remain static and there has to be periodical pension revision and that was a Corporate Social Responsibility, whether the pensioners have the legal right or not. When LIC's Counsel wanted to present a chart highlighting Dearness Relief at varying levels of indices indicating earlier Pensioners were getting higher Dearness Relief, the Court observed every Pensioner must get Dearness Relief @ 0.23%, implying all are entitled for cent percent neutralisation and advised LIC to file a fresh Chart.
It was AIIPA's day at the Court today and Our Counsels could utilise it to the full extent to impress upon the Court the legal merits and ethical needs.
The Next Date of Hearing has been fixed as February 20, 2017 and we may expect the arguments to be completed on that day or immediately thereafter.
All India Insurance Pensioners' Association is satisfied that it has put forth its best arguments to focus on legal nuances of our demands besides the cost aspects.
AIIPA hopes that its moves will enable it to ensure justice is meted out.
With Greetings,
Comradely Yours,
(T.K.CHAKRABORTY)
General Secretary
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