NOIP Letter dated 17/ 1 /2019 to ED(P)-My Comments
I refer to the above letter published in your blog. While the demand made for extending the Group Insurance to pre-April 2018 is right, but the grounds taken in the letter are not right. The grounds should be rather be based on violation of Articles 14 & 21 of the Constitution.
The restricted interpretation of the deemed date of retirement for employees with date of birth of 1st April and retired at the close of office hours on 31/3/2018 as 1/4/2018 is also wrong and the letter cites in support the judgment dated 17/4/2018 of the Central Administrative Tribunal, Principal Bench Delhi under OA No 571/2017 which has been overturned by the Delhi High Court judgment dated 23/10/2018 in the WP No 9062/2018 of the UOI & Ors. I attach copies of both the judgments for ready reference.
The footnote to Regulation No 19 of LIC Staff Regulations reads as follows:
"Where an employee is to retire on attaining superannuation age, he shall retire with effect from the afternoon of the last day of the month in which he attains the superannuation age (vide Life Insurance Corporation of India (Regulation of Superannuation) Rules, 1987 (G.S.R. No. 507(E) dated 15.5.1987)."
As per the above, an employee with the date of birth as 1st April and retiring at the close of office hours on 31/3/2018 attains the age of superannuation on that day and is deemed to have ceased from service and retired with effect from 1/4/2018. 'Attainment' of age of superannuation means completion of the age of superannuation which happens at the midnight of 31/3/2018.
In other words, the letter written to ED(P) by the Organisation is not going to serve the desired purpose. I would therefore suggest that the Organisation may send a fresh letter to ED(P) stressing on the right grounds and seeking an omnibus inclusion of all pre-April 2018 retirees aged up to 75 in the Group insurance Scheme.
Greetings.
C H Mahadevan
CAT Delhi PB Judgment dt 17 4 2018 in OA 571 of 2017.pdf
Delhi High Court jdgmnt in WP No 9062 of 2018.pdf
No comments:
Post a Comment