PENSIONERS' EMAILS & FEEDBACK from 1stSEPTEMBER 2018:SERIES No 180 &181
1) Employees joining hands with pensioners: Truth or Fiction?
Ur article reflects the outpourings of a veteran crusader in the cause and welfare of LIC Pensioners. The contents both in quantity and quality , logical presentation, the focus on thrust issues and the expectations from the SC verdict Final phase from 11/10/2018 are commendable. Ur yearnings that the LIC in-service employees thru their associations should join hands with LIC Pensioners is very legitimate since our AIRIEF right from commencement had extended its umbrella to all Class I,II,III,IV employees.
Ur article reflects the outpourings of a veteran crusader in the cause and welfare of LIC Pensioners. The contents both in quantity and quality , logical presentation, the focus on thrust issues and the expectations from the SC verdict Final phase from 11/10/2018 are commendable. Ur yearnings that the LIC in-service employees thru their associations should join hands with LIC Pensioners is very legitimate since our AIRIEF right from commencement had extended its umbrella to all Class I,II,III,IV employees.
I know that there are several veteran leaders in the employees Associations who know all aspects of LIC Governance vis a vis GOI. They have the numbers on their side which is their great strength. They are also conscious of the fact that in the Banking industry RBI , the financial and other Sectors, the employees Associations fully side with and support their pensioners causes forcefully, while it is only in the Insurance Industry that the employees Associations have not extended their support to LIC Pensioners.
I am hopeful that their leaders in double quick time will realize the Truth that the employees of today are the pensioners of tomorrow and change their strategy and decide to extend their support to the LIC Pensioner brethren's' causes of DR rectification and pension upgradation forcefully and defeat the LIC Mgmt/ GOI's dubious tactics of divide ,delay and deprive the LIC Pensioners of their legitimate dues. Since the time is short do we already have a communication link with them to seek their support for our causes? Or ,can we initiate one link now? Then, far from being a fiction, employee Associations joining hands with LIC Pensioners will become the Truth thereby opening a new and glorious chapter in the Insurance Industry.
I hope and pray that the Hon'ble SC will during their final hearing from 11/10/2018 confer on the pensioners the twin benefits that they are eagerly awaiting for over two decades.
--------------------------------R.V.RAMESH
I hope and pray that the Hon'ble SC will during their final hearing from 11/10/2018 confer on the pensioners the twin benefits that they are eagerly awaiting for over two decades.
--------------------------------R.V.RAMESH
ii) Dear Sir ,Very good news
But we have to be very very careful.
They will take major share from the cake without information to others
(In1993 while pension calculation they have protected DA by 100% to their members DA, means only for lower cadres PANCHAPADI not to Officers ) ---------B .Angurajan
2) Respected Sir, Its a pleasure to read the wonderful communication you sent to the Chairman of LIC on the 63rd Anniversary Celebration and appeal from the pensioners.
The communication, with facts, figures and gesture sets the tone for future dialogue with the Management. I hope that this article will be a document to be used by the Negotiating Committee, AIRIEF after reconstituting in its ensuing AGM at Bhopal.
With respected regards,--------M P Agnihotri.
Sir,
Congratulations for this Crystal clear and very useful analysis of data which will be used by the legal committee. Thanks n regards,--------------Santosh Singh
3) AIRIEF RBK Reply to WhatsApp observations & improper understanding of implications of DHC CO Circulars implementation
i) Overriding aim of ALL Petitioners must be to appreciate the Crucial Macro decision we all must get from SC Bench a final & favourable verdict from the Apex Court resolving DR disparity between Pre & Post 8/1997 pensioners ,removing Discrimination ,as well as Glaring Anamolies in Pension based on date of retirement .
ii) Most important, Final phase should not be marred by any Deviant submission by any Petitioner diverting attention from MAIN issue so cardinal & near & dear to ALL GROUPS of Pensioners.Does anyone want more Ordeal & pinpricks for pensioners even Beyond 20 years passed by ? We participated fully right from beginning.Those who retired in last many years & post -8/1997must thank their Stars for reaping decent pension & retired with exemplary retirement benefits.
iii)Major desideratum is on 11 Oct 2018,with frenzy, because of series of mistakes committed by LIC in COCircular 18/8/2018, ,instead of clear 1st Writ 6676/1998on DR dt 18/12/1998, CO took 29/1/2007 on PU,deprived microscopic pre 8/1997 pensioners too,as ALL pre 8/97 pensioners are not eligible, with cut off BP for Group I & Group II fixed at Rs2130 & Rs3850, as only those pensioners above this get eligibility of that small rise in DR % prescribed miserly by DHC. Not knowing the kernel of facts,its implications, automatic elimination because of narrow, restrictive approach of DHC,many with lesser BPension than stipulated by DHC, Sad to see messages negative, sarcastic,tit for tat,Class III nil,presuming wrongly that balance 60 % is payable when DHC order lays down norms, to say none cares,leadership is silent, not knowing the Charts & analysis made by us even in May 2017 pointing out deficiencies & preparing ourselves for onslaught with LIC & UOI.Admire that,friends,reciprocal responsibility exists & pensioners must also enquire with interest the ongoings in Court & implications.Disparaging & detrimental remarks are not in good taste,Let us exercise restraint, we are so-called Elders,deemed to be mature.Twilight of lives,Tranquillity is essential.
iv)True, CO added fuel to fire by Supplementary Circular dt 1/9/2018, Celebration Day for LIC but Mourning Day for this miniscule Group of pensioners that CO ensured Deduction of 40 % IR paid in 5/2016 from this part arrears, even when Para 108 of DHC was clear not to refund or repay by this Group of eligible pensioners.
v)Such grievance against LIC should not Delay or Derail MAIN contentions & Final Submissions & Replies as if & if & ONLY this critical part of Twin Benefits with sound exposition of Rule 3A ,as a Stepping stone for PU,with merger of Full & Correct DR,not truncated DR must be accepted by Bench as the real remedy & that will eclipse ALL aberrations & limitations foisted on poor pensioners by LIC.Above all, it will be a Unique ,Superlative & Memorable Milestone in the march of Services & Financial Sector, friends.Tell all to cooperate not confront, a clasped Hand is better than a clenched fist
v)Hon Justice Lokur retires on Monday,31/12/2018 & hence desirable regular hearing takes place, completed before end ofOctober 2018,preferably,as Judgement will run into pages & pages ,leaving sufficient time for SC Bench to release the judgement in November, 2018.Faith& Prayers: --R.B.KISHORE,VP,AIRIEF
B)i)thanks for immediate response and elaborate guidance by sh kishore--------srarora
ii)Very correct Kishoreji ----BSVERMA.Meerut
iii) I fully and wholeheartedly laud and appreciate the efforts of AIRIEF in their efforts to improve all the benefits of pensioners.The analysis of Sri R.B.Kishore is excellent and educative /-----PrabhakarraoTirupattur
iv) Well said Sir. Particularly your last paragraph is very important, as time is very short before the Principal Judge of our bench relinquish his high office.
I only pray, your matured wisdom prevails upon Leaders and case managers of different Organisations.Thanks and regards.---------- Parida
v) Thank you Kishore ji. You have hit:"the nail on its head" Infact the recent posts on this arena made me wonder where are we going .
You have said it correctly. Let us not find fault here there and everywhere but concentrate like Arjuna on the task ahead as enunciated by you
God bless us all ---------NAN Narayenan Madurai
Subject: Re: Ad-hoc Relief to RBI Pensioners
ii)Dear Shri Kishoreji Thanks for your kind words. I really do not know whether I am worthy of adjectives you have used. We struggle here in RBI
with sole intention to fight against injustice meted out to RBI retirees/pensioners.
As regards useful extracts given by you , we acknowledge with many thanks as the material is bound to be useful to us in fighting
the issue of pension. If possible kindly provide me with SC case no. in the matter of curative petition where the GOI has been beaten
blue black.
Our best wishes to you for LIC pensioners matter pending in SC.
With warm regards--------Parab L R
------------------------------------------------------------------------------
Re: Ad-hoc Relief to RBI Pensioners
i)Dear Sri LRParab,
1)I am nobody to comment on the line of action being pursued by you so vigorously, rigorously & ferociously too with grit & determination.It is a BRAVE NEW WORLD you are pusuing to wrest the cherished dreams of RBI Pensioners, after a truncated Pension Upgradation, a stalemate, dingdong with RBI Governor & Co & series of wonderful writeups in HITGUJ & brave retorts to RBI & UOI
2)I felt your letter to RBI endows all decisions with them & nothing with you as the AMOUNT of Relief itself,which is so vital is given to them & so too date of effect for implementation of Interim Relief
Please inform the positive & transparent developments taking place as MOF/UOI is always shrewd only to procrastinate indefinitely ,though decades of agony are over .Further the hints on methodology can only be on the basis of PENSION ANAMOLY CHARTS for ALL CADRES ,which indicate Total Outlay to recoup for -----Number of years from a retrospective date.This gives Outlay per annum, which Mgt will know is moderate
3)I give below the Extracts on effective dates & yet other related Verdict utterances which may be useful in this connection
USEFUL EXTRACTS from COURT CASES ON EFFECTIVE DATE RETROSPECTIVE, & OTHER MAJOR UTTERANCES------------------------------------------------------------------------------------------------
1) How beautifully SC ordered dismissing CURATIVE PETITION OF CG with disdain,sticking to the date when anamolies had started 1/1/2006 & not 1/9/2012 as conveyed by CG & hopefully justifiable & reasonable that DR FULL shd be from 1/8/1997 & not prospective belittling full benefits , only to rectify a wrong inflicted on pensioners, &
look here with CG 6th Pay Commission anamolies 1st CAT, then ARMED FORCES TRIBUNAL,then DELHI HC, then again CG SLP, dismissed rightly mercilessly, still CG as is its wont with subverting law & justice to citizens, REVIEW PETITION, rejected, still wanting to pursue with a CURATIVE PETITION ,also finally dismissed by 5 -JUDGE SC BENCH headed by CJ Sri R.M .LODHA
heavens will shower petals & blessings on CJ for allowing benefit to lacs of CG pensioners & soldiers
2) " In view of the several judgments of the Hon'ble Apex Court, issue regarding cut off date for providing pensionary benefits can be summarized in the following manner:-
i)If there are change in benefit of pension then no cut off date can be provided. The benefit on account of change in pensionary benefits would have retrospective effect.
(ii) If the pension is introduced for the first time, a cut off date can be fixed.
"Aforesaid issue has been settled by the Hon'ble Apex Court in various judgments cited by learned counsel for petitioners.
iii)Nakara judgment has itself drawn a distinction between an existing scheme and a new scheme.Where an existing scheme is revised or liberalized all those who are governed by the said scheme must ordinarily receive the benefit of such revision or liberalization and if the State desires to deny it to a group thereof, it must justify its action on the touchstone of Article 14 and must show that a certain group is denied the benefit of revision/liberalization on sound reason and not entirely on the whim and caprice of the State. The underlying principle is that when the State decides to revise and liberalize an existing pension scheme with a view to augmenting the social security cover granted to pensioners, it cannot ordinarily grant the benefit to a section of the pensioners and deny the same to others by drawing an artificial cut-off line which cannot be justified on rational grounds and is wholly unconnected with the object intended to be achieved.But when an employer introduced an entirely new scheme which has no connection with the existing scheme, different considerations enter the decision making process.
iv) One such consideration may be the financial implications of the scheme and the extent of capacity of the employer to bear the burden. Keeping in view its capacity to absorb the financial burden that the scheme would throw, the employer would have to decide upon the extent of applicability of the scheme. That is why in Nakara case this Court drew a distinction between continuance of an existing scheme in its liberalized form and introduction of a wholly new scheme; in the case of the former all the pensioners had a right to pension on uniform basis and any division which classified them into two groups by introducing a cut off date would ordinarily violate the principle of equality in treatment unless there is a strong rational discernible for so doing and the same can be supported on the ground that it will subserve the object sought to be achieved. But in the case of a new scheme, in respect whereof the retired employees have no vested right, the employer can restrict the same to certain class of retirees, having regard to the fact-situation in which it came to be introduced, the extent of additional financial burden that it will throw, the capacity of the employer to bear the same, the feasibility of extending the scheme to all retirees regardless of the dates of their retirement, the availability of records of every retiree, etc. It must be realized that in the case of an employee governed by the CPF scheme his relations with the employer come to an end on his retirement and receipt of the CPF amount but in the case of an employee governed under the pension scheme his relations with the employer merely undergo a change but do not snap altogether.
v)This is the reason why this Court in Nakara case drew a distinction between liberalization of an existing benefit and introduction of a totally new scheme. In the case of pensioners it is necessary to revise the pension periodically as the continuous fall in the rupees value and the rise in prices of essential commodities necessitates an adjustment of the pension amount but that is not the case of employees governed under the CPF scheme, since they had received a lump sum payment which they were at liberty to invest in a manner that would yield optimum return which would take care of the inflationary trends. This distinction between those belonging to the pension scheme and those belonging to the CPF scheme has been rightly emphasized by this Court in Krishena case".
vi)Perusal of aforesaid Paras reveals that there exists difference between introduction of new Scheme then the existing Scheme. In the light of the aforesaid, if the facts of this case are looked into, then it becomes clear that amongst the pensioners there exists discrimination more specifically when the pension has been made admissible to the employees who retired on or after 1.1.1986. In view of aforesaid, there can be no different basis for dearness allowance or other benefits to those retired on or before 31.7.1997. The existing pensioners are entitled for the benefit of dearness allowance with the same measure as is admissible to the pensioners on or after 31.7.1997. The discrimination amongst the pensioners on that count is not permissible and if there exists rule, making discrimination amongst the existing pensioners, it is held to be violative of Articles 14 & 16 of the Constitution of India.
3) Also your kind attention to Para 109 of Delhi High Court in our own caseLIC Pensioners [ WP (C) 5903/2016] where relevant part of the order reads as under:
".....Arrears, if any, would be paid from the date when the first Writ Petition was filed, to all retired employees/pensioners who would be entitled to benefit of this judgement."
(Here in LIC Pensioners case,the earliest date was WP 6676/1998 dt 18/12/1998 in Rajasthan HC,Jaipur on DR )
4) The Hon'ble Kerala High Court made a striking observation, …"the status of the Corporation(KSWC) as a jurist person, as a body corporate with a common seal and its existence would be scuttled and subservient to the dictates of the Government, as if the Corporation is a department in the Government. This is plainly impermissible."
5)Hon'ble Mr.Justice V.Gopala Gowda pronounced the judgment of the SC Bench comprising His Lordship and Hon'bleMr.Justice C.Nagappan,
" When this Court decides questions of law, its decisions are, under Art. 141, binding on all courts within the territory of India, and so, it must be the constant endeavour and concern of this Court to introduce and maintain an element of certainty and continuity in the interpretation of law in the country. Frequent exercise by this Court of its power to review its earlier decisions on the ground that the view pressed before it later appears to the Court to be more reasonable, may incidentally tend to make law uncertain and introduce confusion which must be consistently avoided. -SIGNIFICANT & at appropriate moments during Hearing,our Sr Counsel must reiterate this golden truth & pragmatism of SC observations & drive home the end result of Victory in Pensioners favour.
6)"TRUST SHALL NOT BE BETRAYED"
(7th Central Pay Commission has quoted in para – 1.29 of " Foreword )" ,
a)the following observations of the Supreme Court in the case of Bhupendranath Hazarika and another Vs State of Assam and others (reported in 2013 (2) Sec 516).
"It should always be borne in mind that legitimate aspirations of the employees are not guillotined and a situation is not created where hopes end in despair………. A sense of calm sensibility and concerned sincerity should be reflected in every step. An atmosphere of trust has to prevail and when the employees are absolutely sure that their trust shall not be betrayed and they shall be treated with dignified fairness ; then only the concept of good governance can be concretized. We say no more."
7) Hon Justice Dipak Misra & Hon Sapre thundered, as recent as 1/7/2015 in WP 11239/2015 " The question is whether inherent, apparent, or latent discrimination is permissible. in our view, the short answer is that, it cannot ever be permissible ' . -------The principle of law, as decided by the Hon Apex Court ,is plain & simple; that a Senior Officer cannot get pension less than his Junior. If that be ,the effect of pay fixation then the pension would have to be stepped up to avoid such hostile discrimination. so said Hon Dipak Misra & Hon Sapre in the case of Rajasthan Govt Teachers & University staff.
8))MOFinance stance to stall improvements & observing that such grant of pension updation will lead to repercussions in PSBanks & elsewhere, is nothing but a concocted bogey by CGovt . The Kerala HC ,in the case of Manmohan C & Others vs Kerala StateWareHousing Corporation (WP9),No12768 /2006 asserted, 'such a statement is unfounded, & is nothing but meekness with no constitutional or legal foundation.'
iii) Central Govt Pension Bill will be app Rs1.12 lac crores in 2017-18, touching CG Salary Bill Rs 1.16 lac crores of 2016-17.
R.B.KISHORE,ED (Retd),LIC, VP,ALL INDIA RETIRED INSCE EMPLOYEES FEDN(AIRIEF)
ALL INDIA RESERVE BANK RETIRED EMPLOYEES ASSOCIATION
OFFICE : C/o. L. R. Parab, Reserve Villa, R. H. Plot No. 86, Sector 2, Koparkhairane, Navi Mumbai 400 709.
Dr. Urjit Patel,
The Hon'ble Governor,
Reserve Bank of India,
Central Office,
Mumbai.
Respected Sir,
Ad-hoc Relief to RBI Pensioners---Adjustable against the Final Relief.
It is indeed heartening to note that under your able guidance and leadership, updation of pension and pension related issues are going to be addressed afresh and the Ministry of Finance, Government of India have assured to consider concrete proposals to resolve more than a decade old pending issues. We express our happiness on this positive happening in the Bank.
2. Keeping in view above developments, we earnestly appeal to you to consider exercising wholesome powers under Sec. 7(3) of the RBI Act, 1934 and grant Ad-hoc Relief on monthly basis to RBI Pensioners. The said Relief may please be adjusted against the Final Relief, as and when granted by the Bank.
3. As regards quantum of ad-hoc monthly relief we leave it to your kind discretion. The effective date of monthly ad-hoc relief may please be decided keeping in view the law of land. Needless to state that the aggregate Ad-hoc relief to living RBI Pensioners shall be an insignificant percentage to Pension Corpus as at the close of business on June 30, 2018.
4. We earnestly desire to have DIPAWALI GIFT IN THE FORM OF MONTHLY AD-HOC RELIEF FROM THE BANK TO ITS PENSIONERS.
5. We look forward for timely favour in the matter.
With warm upcoming season's greetings
Yours faithfully, -------- (Parab L R),General Secretary
Copy for kind information to
1.The Dy. Governor Dr. Viral Acharya
2.The CGM in Charg HRMD Shri Sarangi AK
Parab L R
GS-AIRBREA
5)Ad-hoc Relief to RBI Pensioners
Respected Sir, We are happy that you are keenly watching the development on Pension UG in RBI and other institutions, and assisting the concerned Associations with legal inputs available with us inorder to win their cases on UG . It is very pitiable to observe that the MoF (GoI), inspite of many Judgements of the Hon SC to treat the Employees in a dignified manner and fulfil their legitimate aspirations without unnecessary litigations, the Govt completely ignoring such directions.
We hope in our case, the Hon SC , direct the Govt very strongly , to act as per the provisions of the Constitution and Rule of law in the matter of Employees' Pension.
With high regards,----------G Ramamoorthy.
6)i)Thank you, sir. Wish you and family A happy Gouri Pooja and A happy Vinayaka Chathurthi.— N.Chandrasekar
ii)Thank you very much and Happy Ganesh Chaturthi! Kind regards.--------C H Mahadevan
iii) Thanks very much Sir for your kind Ganesh Chaturthi greetings.
Heartily reciprocate the same. With regards --------------R Venugopal.
iv) SUBHAMASTU , AVIGHNAMASTU,
AAROGYAMASTU,AANANDAMSTU ,
TADHASTU TADHASTU
VINAYAKA CHAVITI SUBHAKANKSHALU.
----------- V.S.Prakasarao vizag.
7)Respected Sir, Your valuable guidelines for discussing important points with our Sr Counsel are laudable.
It may be noted that LIC paid the 40% IR ( with wrong calculations) on the directions of the Hon SC . The SC wanted LIC to pay the IR as per Para 3 A which is the Upgraded pension on consumer price Index of 1740 points for the Pensioners retired after 1-8-1997. But LIC took the truncated calculation of DR without fully upgrading the Pension. They merely added the truncated DR with the basic Pension, calculated the 40% thereon as IR and paid. This IR also stands recovered now.
The Hon SC fully discussed Para 3A in their judgement dt 31-3-2016 vide Paras 16 to 29. They wanted Hon DHC to examine the validity of Para 3A and the Hon DHC also declared that Para 3 A is discriminatory. Now we should appraise and focus the SC about this important development so that judgement will be favourable to all the Pensioners.
With high regards,--------------G Ramamoorthy.
8)7th PC Minimum Family Pension FAQ
The pension shall not be less than Rs.9000/- (excluding the element of additional pension to old pensioners) and shall not be more than 50% of the highest pay in Government i.e Rs 1,25,000/- w.e.f. 01.01.2016.Apr 18, 2018
10)Respected Sir, The minimum Pension criteria for family Pensioners also has been implemented by the Govt of India on the recomandations of the Pay Commisions, I understand .
Why a pragmatic view is lacking in LIC Administration. For each and every thing the Employees have to approach the Courts.
With high regards,
---------------G Ramamoorthy.
11)Useful Lessons to learn
i)Respected Sir,Namasthe. It's a good and useful lesson to learn and follow.
Thank you for sending .-------Subramanya Kumari
ii)Beautiful and thought provoking. Namaste and thank you Sir.
Regards,--------------- R.Gowrisankaran.
12)WhatsApp exchanges re Kurukshetra Legal battle, Charter of Demands etcDEAR ALL,
1)Our AIRIEF website is airiefvision.wordpress.comPlease click, browse the Valuable Contents it contains,Horizontal Subjects & many others on RHSide Vertically.All can benefit from this Repository of so many topics relevant for all Pensioners ,as years work methodical for proper insertion in relevant subjects.
Charter of Demands (COD)24 pages :Our Expectations ,Health, Happiness Harmony appears under AIRIEF & Units Activities, last but 4 item
Suggestions for Pensioners Portal, see last but 3.
AIRIEF Bengaluru RBKishore Paper on Strategy for Works ahead 15/16 October 2014 , 4 above Circular 11
Also Poem on AIRIEF , Landmarks & Milestones of AIRIEF , A Panorama
Read Sri Angurajan AIOS Correspondence,Activities & Initiatives therein
2)Kurukshetra Legal Battle Booklet is under Legal Battle Royale48 pages of vivid portrayal,Saga of Sacrifice
Memorable late Justice VRKrishna Iyer pungent letter 17/7/2010 to then FM Sri Pranab Mukerjee
Crucial LIC Letter Confidential thro RTI DT 31/12/2001 to MOF
Everything to click & browse Jaipur HC Judgement 12/1/2010 ,Chandigarh HC Judgement ,Delhi HC Judgement 30/1/2013
RBK Letter 12/6/2014 to then CHIEF JUSTICE Hon RMLodha
RBK Letter 28/5/2014 to Hon FM Arun Jaitley with Synopsis & Note
RBK Panorama & Perspectives of Legal Battle of Pensioners
Oscar Fernandes Letter 12/2014 to then FM Pranab Mukerjee
National Litigation Policy ,UPA Sri Veerappa Moiley
3) Right Hand Side, you notice a wealth of many-sided materials useful for not only Pensioners but ALL,
Devotional,Healthy Living, Humour,Practical Tips for good living,Quotations, Self Development, General,India & the World,Pension & Allied matters,Sister Organisations
See the Number of Insertions against Each, you will appreciate the tireless efforts of RBK,BAngurajan. MPSubrahmanian, a Treaure House of Wisdom & for multi-dimensional development of our Personality.
We later added under COMMON PLATFORM ,most useful 15 Organisations
Also,Supreme Court Live Display Board, Delhi HC Live Display Board ,11 october Hearing,click,open check up Court No, Cases Item No, we know when our case sta
--
RB Kishore
VP,AIRIEF,
ED(Retd),LIC
Life Member,Probus Club
044-2815 5810 & 098 4034 0591
.
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