SENDING OF INDIVIDUAL LETTERS TO CHAIRMAN LIC BY PRE-‘

The letter in my opinion is not drafted in a proper manner.

It has been stated that on 11/10/2018,LIC had given an undertaking to rectify the defects in implementation of the DHC judgment within 6 weeks.LIC in its compliance affidavit had only sought time of eight weeks for complete compliance in respect of payments under the minimum pensioners' category.

Para (d) in the letter is wrong as the Delhi High Court judgment  does not direct that the basic pension of all pensioners (retirees) drawing less than 3010 should be upgraded to 3010,but only directs that retirees  drawing minimum pension should get upgradation in minimum pension to the level of 3010 (determined as at 1/8/2012) if it is more advantageous to them.The  para (d) conveys the sense that all the pensioners under Para 1 and may be some in para 2, drawing basic pension  less than Rs 3010 should be placed at the minimum pension of 3010 w e f 1/8/2012, which is not as per the DHC judgment.

It is also significant to note that the minimum pension of fixed as at 1/8/2007 is more advantageous than that on 1/8/2012.
If such a letter is sent to LIC Chairman and if the text of this letter is produced in the SC,it will weaken our case in the SC.

Pensioners ,if they wish to send letters to Chairman,LIC,may consider sending the letters as per draft sent earlier by me to the blogs if they have not sent it already.

This is my personal suggestion.

C H Mahadevan

On Fri 19 Oct, 2018, 11:19 PM Retd LIC Chennai officers V R K, <retdlicofficerschennaiassn@ gmail.com> wrote:

RETIRED   LIC   CLASS   I   OFFICERS'   ASSOCIATION – CHENNAI

(Affiliated  to Federation of Retd. Class I Officers'  Associations)

President G.N. Sridharan (9841072951)

Vice-Presidents M.Arunachalam (9840869768) P.A.Sivakumaran (9444079062)

Secretary V.R.Krishnan (9840932943) H-9-B,Krupa Colony,Ashoknagar, Chennai -83

Jt. Secretaries  S. Mythili (9840089067) M.D.Gunasekaran (9940311696)

Treasurer T.S.Asok Kumar (9444440319)

1.    Good day to you ALL THE PRE -97 RETIREES. 

     I am sending     SEPARATELY BY POST A     letter, in duplicate, to be signed by you,  as  individual retiree of pre-1997 vintage, in whose  case the Arrears was either paid short, or not at all paid. 

      You will be receiving the letter in 2 days.

 

2.    The from address is to be written with your file number. If no arrears was paid, PLEASE  strike out the one not relevant, in the letter in paras 1 and 3 respectively.

 

3.    This letter campaign is an important step in our Federation's strategy to file an affidavit to the Supreme  Court within the next 15 days or so, enclosing copies of letters signed and sent to Chairman, by all the affected retirees.

 

4.    Our Senior Counsel, (whose  brief but effective argument on 30^th July 2018, only fetched us, though with some short comings, what  we got by 8^th Sept 2018,)  is of the firm view  that the Defects in settlement of Arrears  will need to be taken up with the SC on the basis of individuals complaints to Chairman, instead of just  a general representation alone to Chairman by the Federation. 

 

5.    So the Federation's call to the Associations  is to get at once the letters signed by individual officers,  who come within the benefit  band of the DHC Order. Even those who did not receive any amount are to send their protest letters , of course making that small correction in the Draft in paras 1 and 3, where mention is made of the individual benefit received or not received.

 

6.    To make the job of our senior members easy, we are enclosing two stamped envelopes.  The window envelope is meant for LIC Chairman, in which the signed original letter is to be dispatched. The other cover where the address is printed is to be returned to the undersigned, with the copy of the letter to  chairman, duly signed.

 

7.    The appeal of the Federation is to try for maximum numbers of such letters to be sent to Chairman ,LIC. It would serve our purpose say, if about 100, out of  our 160 pre 97 member-retirees,  who come within that benefit-band, respond. 

 

8.    Please prioritize and  send the letter and the copy immediately,  so that we could file in SC our Affidavit within about 15 days from now, along with copies.

      

 18-10-2018

V.R.KRISHNAN,                                                                                                                                                                

SECRETARY.

THE LETTER IS    IN THE FORMAT   AS BELOW

From

Shri/Smt

LIC Retiree,  SR/PensionFile No

------------------------------ ---------------

------------------------------ ---------------

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TO

The Chairman,

LIC of India,' YOGAKSHEMA'

JEEVAN BIMA MARG

Mumbai 400021.

 

Dear Sir,

Payment Of Arrears Of DR to Pensioners

I wish to bring to your kind notice that, I have not received any Arrears at all/ I have received arrears on DR , in rectification of the defective DR neutralization adopted by the Corporation( vide Supreme Court Order dated 30-07-2018) directing the Corporation to implement the Delhi High Court Order in WP 184(2007).

I learn that at the last Hearing that took place in the Supreme Court on 11-10-2018, the Corporation had given an undertaking to rectify the defects in implementation of the Delhi HC Order within 6 weeks.

So far as my case is concerned, the situation of my, not receiving any Arrears at all/receiving an amount less than  what is due, has arisen, because of the following factors:

(a) The Corporation has calculated the arrears from the year 2007, whereas it should  have been from 1998 as per Court Order (Vide para no. 109 of page 89 of the DHC order referring to the "date of the first Petition filed").

(b) The Deduction of 40% Interim Relief paid in 2015 and 2016, against the mandate of the DHC in this regard.

(c) Calculating the enhancement from 0.17 % to 0.23% instead of to 0.29% as directed by the Delhi High Court ( vide para no. 107 (c) of page 89 of DHC judgment).

(d) Not giving effect to the Order of the DHC to revise the Basic Pensions to the level of Rs 3010 for those who were receiving lower basic pension.

I therefore appeal to you to rectify the defects as stated above and pay  the amount due to me within the period stipulated by the Court.

 

Thanking you

Yours Faithfully