AIRIEF RBK Roundup of Sprinklings of Issues & Points

AIRIEF RBK  Roundup of Sprinklings of Issues & Points to strengthen violation of Constitutional Rights : SC SLP :2 JUDGE BENCH :VIDEO CONFERENCING  10/8/2021

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A) i)The law points prepared assiduously & in-depth thinking by AIRIEF LSGroup, so adroitly by veteran  Chairman LSGroup, Sri MP Agnihotri are appealing forceful,non-controversial & above all avoids pitfalls, inadequacies & insufficiencies noticed in the shocking dismissal of plea by Bankers for Full 100% DR to pensioners & also the fate of GIC pensioners recently suffering rejection of their plea. Our SLP 20929/2017, to quote Sri Agnihotri, " is comprehensive, unambiguously pointing out the glaring errors committed by DHC ,encompasses all related rules, rulings,& the law points to counter erroneous observations, ,findings & conclusions. Our Sr Counsel is of the firm view that Pension of LIC Employees is governed by statutory rules & any rule/s creating discrimination among similarly placed employees is violative of the Constitutional provisions." Professional Notes with data,Charts & Tables & case laws to support , his incisive & creative work in ablest of submissions & replies & repartees should take us all to desirable & proper destination to garner  full envisaged Twin benefits

 

B)    Our marathon meeting with the then Chairman Sri GNBajpai for 110 mts,8/2001, produced some favourable change  . If there cannot be full parity, there should not be utter disparity & no  modicum of internal relativity amongst various cadres, normally accepted as sine qua non for any stable, impartial agreement.  This had an impact on LIC thinking resulting in LIC Board Resolution 24/11/2001 with 11.5 % Fitment Weightage.

 Submissions for PENSION UPGRADATION :i) LIC in its SECRET Letter dt 31/12/2001,secured under RTI ,stressed the  'need to rationalize the DR structure available to different groups of pensioners in order to reduce the administrative  inconvenience & also to see that  different   generations of pensioners are protected by merging the pension to a suitable index.'—,also reminded  MOF/UOI on 12/8/2003 ,so successive pension revisions at CPIndex 600,1148, 1740, 2328, 2944

 

ii)This clinches the issue of successive  pension  revisions with  every  wage  revision.It has a  vital bearing  on continued  pension upgradation.

 

iii)Nakara  SC  5-Judge Constitution Bench Verdict,Magna Carta for Pensioners : don't introduce arbitrary criteria, don't divide homogeneous pensioners class

"As such pension should be fixed, revised, modified & changed in ways ,not entirely dissimilar to the salaries granted to serving employees"

 

              iv)Hon Sr Judge Late Sri V.R.Krishna Iyer:  arbitrarily alienated from the beneficial stream of pensioners, LIC pensioners are one integral group, what is discriminatory is arbitrary & what is arbitrary is unconstitutional '

v)THE DOUBLE-DECKER BENEFIT or REVISION IN CHAIN  or  perhaps who knows  Hon Justice Dipak Misra's   ' IN CONTINUUM' & issues like 'ENHANCEMENT OF PENSION' in the 7TH MAY 2015  INTERIM ORDER of  SC BENCH  seems to suggest as an OPENING to finalise the concept soon.

 

vi) KERALA HC ,Chandrasekar Menon T  Vs UOI & Ors: ' the object of compensation & neutralization is completely defeated by payment of DR after reducing slab at all stages. DR at decreasing slab at all stages in is UNJUST & UNREASONABLE '

 vii)How can any progressive organization bind future employees & pensioners to a limited agreement & more so with illegalities & insufficiencies & adverse repercussions on pensioners disturbing  terribly & upsetting  the concept of EQUALITY ?

The retired employees are being treated unequally in as much as several classes have come up amongst the one class of retired employees (pensioners ),this mini-classification itself  is violative of Articles 14 & 16.No law permits creation of different classes amongst one class.

 

C)  As per the case examples given by the 7th CPC itself,  a Secretary to the Government of India retiring on 31 August, 1992 was in receipt of a basic pension of ₹4,000 per month. The basic pension after implementation of the V and VI CPC got revised to ₹13,000 and ₹40,000 respectively. With the benefit of dearness relief this pensioner is on date entitled to a total payout in terms of pension and dearness relief of Rs87,600.

 

 Further, as a pensioner who is over 80 years of age he is entitled to an additional  pension equivalent to 20 percent of basic basic pension. In effect the pensioner is in receipt of a total payout of ₹105,120 per month as on date. 

 

In comparison, we are drawing only one third of that pension now 

 

We are not getting the relief for those above 80 years.

 

D) Hon'ble Bench of the SC has found substance in the issue related to DR Anomaly as well as pension updation. The submissions of our advocates with regard to DR Anomaly and Pension updation with wage revision are discussed in para nos. 17,18,19& 20 of the judgment dated 31/03/2016. Hon'ble Bench has taken cognizance of Mr. SreeramPanchu's submission that Para 3 A of the appendix IV is violative of Article 14. The Bench has also considered the submission of Mr. Nidhesh Gupta with regard to the employees who retired after 1/8/1997 that they are not being given the requisite DR based on subsequent pay revisions. The pensioners covered under para 3 A (those retired after 1/8/1997) cannot remain static but they are also entitled to the benefits of pay revisions, for otherwise the provision does not spring to life and eventually pave the path of arbitrariness.

Considering these submissions, the Bench commented that there are two categories of employees -retired prior to cut-off date not getting the benefit of equal DR  and the employees who retired after the cut-off date but are not extended the benefit of dearness relief as per subsequent pay revisions and for both the categories quantum of pension is affected.

E)The Bench has also made it clear that the petitioners have to prove their case on the basis of law points i.e. we have to prove that non-revision of pension and non-removal DR anomaly are violative of article 14 of the constitution or any other laws. Our advocate Mr. Nidhesh Gupta could succeed to convince the Bench that without allowing the benefit of pay revisions, the employees retired after 1/8/1997 are also discriminated.

The following observation of the Bench gives adequate grounds to prove discrimination and violation of constitutional provisions:

"Non-conferment of the benefit of the dearness relief keeping in view the subsequent pay revisions of the similarly situated employees leads to disastrous effect and in a way allows room for absurdity. Learned senior counsel has given an example to highlight as to how the absurd situation can creep in. It is urged by him that if an Executive Director stood retired sometime in 1997, he would get approximately Rs.7,000/- towards pension, whereas a person working in Class III, if he retires subsequently would get approximately double of the said amount."

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From R.V.RAMESH:   RBKishore Brother:

F) There are some thoughts which are upper most in my mind now which I am giving herein below in the matter of the twin demands of Rectification of DR--DA anomaly  and upgradation and revision of pension with  every wage settlement  for Employees.  U can accept or reject or modify  the same in the manner u like in ur presentation.

 

G)  In the over 2 decade legal battle with the LIC Mgmt. and GOI , the surviving LIC Pensioners,  of the pre-Aug 1997 ,numbering around 19,253as per LIC Affidavit in SC,(they confessed they could settle only 17,200 for  40 % IR) had taken a realistic stand, as they had faith in the writer  William Arthur  Ward when he said that "the PESSIMIST complains about the wind ; the OPTIMIST expects it to change;the REALIST  adjusts the sails " and  the pensioners  had  moved ahead with FAITH, TRUST AND HOPE  in their breasts. 

 

H) The pre-Aug 1997 pensioners  cherish some eternal values in life like  TRUST,   HOPE,  CONFIDENCE,  LOVE,  ATTITUDE.. Thus 

 

          (1)  when u throw a baby in the air, she laughs because  she knows u will catch her. That is  " TRUST " ; 

 

          (2) Every night we go to bed, without an assurance  of being alive the next morning, but still we set the alarms to wake up. That is "HOPE";  It was St. Augustine who wrote one and a half millennia ago that    " Hope has  2 beautiful daughters, their names are ANGER  and COURAGE;  ANGER at the way things are, and Courage to see that they do not remain the way they are. "   The LIC Pensioners  will keep these 2 characteristics  burning bright .

 

       (3) We plan big things for tomorrow  in spite of zero knowledge of the future. That is

 " CONFIDENCE "; 

 

        (4) We see the world suffering , but still we get married and have children . That is

" LOVE".

 

       (5) On an old man's shirt was written  a sentence,  "  I am not 80 yrs old .I am sweet 16 with 64 yrs experience. That is "ATTITUDE".

 

I)  The LIC Mgmt. and GOI who have a pathological allergy towards LIC Pensioners  are  conscious  of their own limitations that they are LONG on CONJECTURE  and  SHORT on EVIDENCE, DATA AND STATISTICS which have been  succinctly  highlighted threadbare by the LIC Pensioners.

 

     LIC Mgmt. And GOI, if they can not convince the Hon'ble Supreme Court will try all their tricks to confuse and confound them by digressing  from main issues and emphasising the NON essentials and lead  the SC astray so that they miss the wood for the trees.

 The Pensioner Groups a few they are, should stay United  on main issues and expose the glaring chinks in the LIC Mgmt. and GOI's thesis and should not allow themselves to be caught in a storm with a leaking umbrella  at this last stage,  when they are sighting victory. 

 

J)  If we want the rainbows, we will have to put up with rains.There are no victories without pain, we will shoot for the moon. Even if we are narrowly  off the mark, we will land among the stars. The  doughty duo of LIC Mgmt. and GOI have done everything they can to prolong the agony  of LIC Pensioners,  but could not crack us. No doubt during the over the 2 long decades  of struggle, we have been  WALKING ,TROTTING,  CANTERING,  and GALLOPING  to reach the goal. Undoubtedly, not for nothing, we have won many "BATTLES"  along the way. We are now well poised to win the " WAR ".

 

--------R.V.RAMESH 

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II) K) 1)SCENARIO of pension upgradation & FULL 100%DR meandering for years & years,decades  actually,BUT slowly & steadily after delay & dither,earlier years an Emphatic NO ,then attention diverted to other issues of employees & pensioners,

2)We then witnessed marathon Defence Army Officers OROP after Govt bungling, Army Officers surrendering their Gallantry Awards &  Medals enmasse,Nation witnessing in awe,then a spectacular victory for them & hopes kindled for others,

 

3)7th Pay Commission offerring a magic improved Formula for PU for the massive numbers of Govt  pensioners,

Multiplication factor 2.57 times 6th PC pension for same cadres + increments equivalent to the number of years service in that cadre,

Govt Pension Bill to exceed Govt Wage Bill during this year end,

 

4)whereas LIC Pension bill is just 7--8.5 % of Wage bill,

measly amount,paltry outgo,&

as part of Premium Income insignificant,peanuts for LIC,

 

yet  exaggerated statements by LIC Counsel,NB will be affected,image of institution will be adversely affected,all know out of several parameters,only 1 or 2 directly enter Pension Fund accretions & so making  real mountain of a molehill,

 

LIC Golden performance in Diamond Jubilee Year for LIC 2016-17 & Chairman's

 announcement of 40 % extra Bonus to policyholders & also similar rise in Surplus dividend to Govt as a Capstone .

 

 Clear indication & proof that No damage done to POLICYHOLDERS,all these YEARS & DECADES,after Pension Rules 1995, a disciplined organization with steadfast controls, is able to deliver the goods to all stakeholders.

Further, a minuscule increase in cost which will be easily coped up by a steady and huge growth of premium and investment income of the Corporation as per past experience.

 

5) Insurance Regulator  IRDA has given unequivocal tribute & a testimonial to LIC that they never had any occasion to levy any Penalty which other Private players invited & in all parameters of performance with exacting standards

 

6)Stark truth mentioned emphatically by us in our submissions that PU Groups disappear,as NPS has already run few years,from 5/2010, & so

perpetual  PU will no longer exist & it becomes a closed cadre,

 

 Further,after pension upgradation is granted after wage revision,

i)subsequent fitments to the next group,after wage revision, will consume  a moderate outlay only.

 ii)Deaths of employees during service & so Family Pension  only

iii)Deaths of pensioners, increasing by leaps & bounds,app 18,500 & more.

iv)pensioners not alive to secure Commuted Pension 15 yrs after retirement,a savings for LIC,

v)See the rising numbers of Family Pensioners, 17 % to 40% to RP & in some Zones ,even 50%.

 vi)so parity also tapers off,

 vii)NPS wef 1/5/2010 hence all new recruits of the last 11 yrs  and further recruitments in future WILL NOT COME  UNDER THE PURVIEW OF PENSION UP-GRADATION   makes this upgradation pensioners cadre slowly a closed one.

this also must appeal  to the sense of LIC & UOI, & above all eminent SC Bench

 

7)look at Govts partiality to Govt servants thro Pay Commissions & amendment of their Rules,

 

i)eligibility for pension 33 years reduced to 20 years,

ii)already enjoying  age-related value added pension from age 80,85,90,95,100 with rise in pension of 20%,30,40, 50 & 100 %,

NONE  ELSE gets this,

such an IRON HAND from Govt,

No Sympathy, No Empathy for others,  

 

8)i)Gratuity limit raised to Rs10 lacs  from Rs 3.5 lakhs wef  1/1/2006.

  ii)Govt again raised Gratuity to Rs 20 lacs wef 1/1/2016 ,7th PC date & for others from 29/3/2018

iii)Total of ALL Retirement benefits of earlier Groups of Pensioners will be even LESS than this one Retirement Benefit !!  Elders & Sr Citizens suffer several disabilities unique to them, casting  sizeable monetary burden ,adversely affecting limited paltry Pension.

 

9)i)past & present imbroglio of unwanted dichotomy, Govt  creates in perpetuating & upholding Govt  supremacy

 whereby Govt servants & Bureaucrats get a balloon lift from Rs 10 lacs to Rs 20 lacs Gratuity from same effective date as 7th PC ie 1/1/2016 &

ii)no qualms of conscience or readiness to apply same formula for all institutions &

 procrastinating & announcing by amendment Rs 20 lacs wef 29/3/2018,

what is the fate of ALL those retired after 1/1/2016 till 28/3/2018 (27 Months)to resign to Fate earlier sum of Rs 10 lacs only !!

 

Whither reason or logic or rationale, suppress others,

We Govt are dominant, dont  raise your finger in protest attitude,

real double standards, demeaning & diabolical.

 

10)WHEREAS with all  painful & dreadful  happenings in Indian economy ,

massive NPAs uncontrollable & hitting the roof in many Banks PLUS nations biggest fraud of by now famous/infamous ,looting PNB & many banks ,

*    the ever-present ,Holy,Humane Institutution with unbeatable Logo & emblem,Thy welfare is our responsibility,

got tribute --no better 3 letter word than LIC,  a Jewel in the Crown,

*many aware it is ATM to Govt of India,

*to rescue the Govt by pumping massive money for Bank recapitalisation bearing  good portion of astronomical Rs 2,10,000 crores,

*another Rs 75,000 cr to Railway massive expansion & modernisation programme

 

11)Performance Highlights of LIC : 2020-21

i)LIC procured 2.10 Crore new policies & settled 2.28 Crores Claims -A humongous task in the pandemic times.It could be possible due to total dedication of workforce

ii)Market Share of LIC in

Composite Policies* : *74.58% 

Composite Share in FYP* : *66.18%

After 22 years of Competition also,LIC is cruising with >70% Market Share

iii)Growth in Business of  Pensions & Group Schemes - Astounding  39%

iv)Highest ever FYPI (First Year Premium Income) of Rs 56,285 Crores was realized by LIC.

v) As per International Reports of UK,

  *LIC was rated as 10th Most Valuable Brand throughout the Globe

 *On the basis of Brand Strength,LIC Occupies 3rd position ( Earlier it was 10th position.Huge improvement )

vi)Death Claim Settlement Ratio-98.74%

Non Early Death Claim Settlement Ratio -99.86%

vii)Profits on Equities -Rs 36,900 Crores( Last Year Rs 18,370 Crores)

viii)Investment by LIC in Equity portfolio -Rs 94,000 Crores ( Last Year -Around Rs 60,000 Crores)

ix)In the month of April ,2021 alone,LIC booked profits of 

*Rs 3,161 Crores on Investments

 

   FIGURES SPEAK FOR THEMSELVES .

12)but NO CONCERN for the rich human resources of LIC

creating a web of Excellence, Superlative & Sterling Record of performance unmatched elsewhere in Indian history,

a symbol of untarnished  Financial  Rock of Gibralter,

a serene picture of Solvency & Stability ,

 

ignoring aged,infirm Elders & Sr Citizen pensioners,

though fully aware ,as SC recently remarked & reiterated ,

Pension is not a Subsidy but a Right established for past services,

Pension is a Human Right, it is a Property right,

 

L)  i)Pension Upgradation Outlay per annum ,is only part of Wage settlement, Employees PLLI (Productivity Linked Lumpsum Incentive )or Midday Meals Coupon for all, costing Rs 550cr per annum. Similar such outlay can well go to grant pension upgradation & to augment pensioners welfare.Above all, this  will be a closed cadre & so no perpetual problem of Pension Upgradation  for eternity.

          ii) In fact during AIIPA Sr Counsel presentation, when he said app Rs140cr pa Hon Khanna,DHC, interjected, even if it is more it is ok, as we AIRIEF gave detailed Charts indicating Rs 181 cr pa only then .Every 6 months after DR Slabs due are announced,Sri RKSahni prepares afresh latest figures Cadrewise. At another point , same Counsel ,Hon Judge had pity perhaps & said LIC shd have taken  as  Corporate Social Responsibility  for pensioners.

 

iii) We have to quote MLA, MPs even if they serve one term of 5 yrs get Full pension , whereas 33 yrs continues for us & already  Govts, Railways, Defence, RBI have transited to 20 yrs of service for eligibility of full pension .

 

M) i)If Nakara 5 Judge Bench presided by Hon Justice YVChandrachud was 1983, then CJI Hon Lodha in a similar 5-Judge Bench  upheld anamolies & remedied by dismissing UOI writs, appeals, SLP, Curative petitions  & said NO to 15/9/2012 , as was being demanded by the Govt, but effective date for OROP  same Pay Commission  effective date , 1/1/2006, he ruled.Govt had to succumb.

 

ii)) Date is an irrelevant factor when alteration in pension is made. The date of variation cannot be the basis of differential pension

Hon SC Judges themselves categorically mentioned & pronounced that well laid down principles by SC in many cases cannot be simply negated & if so same cases will crop up again & again, ruining litigants life & pinpricks for all, including institutions.

 

iii) Aim should not be to wreck  Neutrality of Impartial benefits fairly commensurate in similar sectors to be an essential desideratum.

In our case,not only Miscarriage of justice but also denial of justice have taken place, causing grievous hurt to aged pensioners.  The pathetic condition of a class of people arbitrarily alienated from the beneficial stream of pensioners due to delay, dither & not to comply with the judgement is sad and ,what  is arbitrary,   is unconstitutional .  Simply put, there cannot be a 1st class treatment for some & a 3rd class treatment for other similarly  circumstanced .

 

iv) Discrimination exists between old pensioners and new pensioners against no discrimination between old employees and new employees. Old employees also get benefit of revision by upgradation of pay along with new employees but old pensioners are not upgraded along with new retirees. Thereby when there remain no different grades in new and old employees in any class (I, II or III) different grades are created in old and new pensioners of each class I, II, III. This further creates discrimination in retirees of different dates also, in each class of retirees.

 

v) that Non-revision of pension and Non-removal DR anomaly are violative of Article 14 & 16 of the Constitution  .Fundamental Rights of pensioners are not only abridged but thwarted in full, if PU not granted. Non-conferment of the benefit of the dearness relief keeping in view the Subsequent pay revisions of the similarly situated employees ,leads to disastrous effect and in a way allows room for absurdity by Juniors 6/7 steps below getting  more pension than the Seniors,without allowing the benefit of pay revisions, the employees retired after 1/8/1997 are also discriminated.

vi)Human Rights violated, Elders & Sr Citizens disregarded, Fundamental Rights & Constitutional Provisions disrespected,Pension is always considered as a Property Right, 

 vii)When rigidity in present day circumstances of labour laws & flexibility, & more & more of welfare measures for all,    to think ,devoid of ethical considerations, so to say , if one has the audacity to  mention ,Wages also should   be the same, DA more than enough, takes care as per CPIndex, is queer & quixotic.

 viii) A life  with  dignity is  a right  of  every  individual  in  general,  more so for the  senior  citizens.  To  care  of  those  who  cared  for  us  is  one  of  the  highest honours.  To  further  the  objective  of  providing  a  dignified  life,  I  propose  to announce the  following  incentives for  senior  citizens: etc etc

-----FM Sri Jaitley during BUDGET SPEECH   1/2/2018

 

N) i)The treatment meted out to Elders is far from satisfactory.It assumes many forms –apathy, indifference,neglect of their interest, welfare ignored, insensitivity of organizations & Government, lackadaisical attitude  to their genuine, modest & legitimate demands, lack of response  & inordinate delay in settlements.

 

 ii)Citizens  cannot be mute spectators  & silent sufferers of apathy & neglect, delay & disdain,& imposition of  draconian provisions subverting equity, law & justice to any & every citizen of this country.Institutions & State will run besmerk & sabotage citizens welfare ,progress & right to equality & liberty, the eyes & ears of our sacred Constitution.

The trusted canon of law is that 'the relevance of justice lies only in its speedy & free delivery'.

iii)No one should receive undue favour and none should be subjected to arbitrary   discrimination or disadvantage in the circumstances that do not warrant a different  treatment.. It implies that the laws shall confer its equal protection to all persons situated  in like circumstances "

 

iv) In the larger interest of protecting and promoting sacred principle of  Equality and upholding Equity, Pension upgradation has to be given to ALL pensioners.  Segregation is an undesirable concept,whatever the cause may be and rightfully,gladly, the same logic must be accepted .

v) The fact of the matter is Constitutional propriety & remedy for any malady demands complete weeding out of Discrepancies. Discrimination & Anamolies from the Original Date of occurrence to  date of final Verdict or implementation & never Partial or Piecemeal or Prospective. 

O)i) It may be of interest to know that a  Committee appointed for SBI came with a positive Report & as a result  thereof, more than 1,00,000 pensioners  got arrears from Date of retirement for uplifting from 5,6 & 7th Bipartite to 8th bipartite for the period 1/4/2002 to 31/10/2005 .

 

   ii) So, too,looking to other developments,IBA appears to be now more empathetic as Bank Pensioners got lot of benefits resolved like—

 

* good mediclaim policy covering some domiciliary treatment,

 

**pension to voluntary retirement employees,

 

 ***pension to those resigned from services,

 

 iii)  BANK OF BARODA RETIRED OFFICERS' ASSOCIATION (Estd. 1990) Affiliated to : All India Federation of Pensioners' Association, & Chennai Retired Bank Officers' National Confederation, Bangalore 

General Secretary :   Shri V. T. Makwana 

Regd. Office : 418/A, Lalita Tower, Behind Railway Station, Akota Road, Vadodara – 390 007 Tel. No. 0265 – 235 1630 – E-Mail :bobroa90@gmail.com Website : www.bobroa.com 

14th February, 2018 

 Dear Friends, 1)SUB: 50% OF PAY AS PENSION (1616 -1684 CONSUMER PRICE INDEX ISSUE) - C A NO. 5525/2012 BANK OF BARODA & ORS. Vs G. PALANI & ORS, AND 

18 BATCHES COMPRISING OF 982 SPECIAL LEAVE PETITIONS 

IN RESPECT OF VARIOUS BANKS – FINAL HEARING HELD AT THE HON'BLE SUPREME COURT OF INDIA ON 13TH FEBRUARY 2018. 

THE PEOPLE BEHIND THE "STAGE OF SUCCESS"

2)We are happy to inform you that BOBROA after successfully getting favourable orders from Hon'ble Supreme Court in the matter of extending benefit of addition upto five years in qualifying service under Regulation 26 of Bank Employees' Pension Regulation 1995 to Specialists and other Retirees, this is yet another feather in BOBROA's cap alongwith Pensioners / Organization of Canara Bank, State Bank of Mysore and Indian Overseas Bankin a long run and expensive legal battle over a decade. 

We heartily congratulate our Advocate Shri Vipin Jai and Sr. Counsel B.B.Sahwney for their effective result oriented submission.

3) THE SAGA OF SUCCESS - RECAPITULATION

 The Joint Note dated 14.12.1999 (relatable to 7th Bipartite Settlement signed on 27.3.2000) provided for revision in pay scales of Officers w. e. f. 1.4.1998 with merger of D.A. at -1684-points. 

 However, for pension calculation, the merger of D.A. was restricted to -1616- points. 

The anomaly was rectified from 1.5.2005 resulting in to the merger of -1684- points, but the arrears of pension for the blocks 1.4.1998 to 31.10.2002 and 1.11.2002 to 30.4.2005 i.e.in aggregate for 85 months were not paid. 

 The Division Bench of the Hon'ble Madras High Court per judgment dated 28.6.2011 had directed for making payment of the arrears finding that the action of the Bank in paying the reduced pension is contrary to the provisions contained in Regulation 2(d) and 35 of Pension Regulations 1995. 

 The Bank had challenged the Order passed by Division Bench of Hon'ble Madras High Court. 

4) After hearing the arguments/submissions made by the Advocates of both sides in the course of the final hearing, which lasted for about -3- hours, the Hon'ble Supreme Court delivered judgement on 13th February 2018, the effect of which is as under: 

"In respect of Pensioners retired on or after 01.04.1998, pension has to be re-calculated and arears paid from the date of retirement till 30-04-2005 in terms of Bank Employees' Pension Regulations, 1995 along with simple interest at 9% within four months." 

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** P) SC WP(C) No 494/2012, Justice KSPuttaswamy (Retd)& ANR  Vs UOI & Ors with a bunch of Civil TC,WP,TP,SLP etc  --- 9-Judge SC Bench .Judgement delivered by Dr DYChandrachud,Hon Judge ,24 August,2017

    No adjectives will be sufficient to describe adequately this superlative judgement

The tone, tenor, the interpretation,,the various relevant Case laws in India & abroad,right from Yesteryears to Modern era of technology & changes in culture, life, liberty,rights & protection there of ,are so picturesquely delineated  para by para, page by page ,in this magnum opus ,voluminous historic judgement of  547 pages !!

 

(Please go through in particular Sections which facilitate analysis,Decisions,Gopalan Doctrine Fundamental Rights as isolated silos, Cooper & Maneka Interrelationship between  Rights Natural & Inalieneable Rights,The Indian Constitution )

** Q)There is  a turn of the tide & open Empathetic speech of Hon FM by Dec 2020 end with IBA clearly articulated that Pensioners should  also be considered for solution to their pending grievances, Family Pensioners & Older Pensioners getting paltry pension can be fitted in present pay scales for respective cadres . 

 As Hon FM has given an open hint of essence of Pension Upgradation, one has to make a straightforward approach as indeed she is ironwilled, always adheres steadfast to her declarations .

     A Service & Financial Institution of the stature of LIC , a milchcow to Govt , of indisputable financial strength & stability , must not allow any segment & especially Pensioners rightly termed by worthy Chairmen & Top Mgt as Founders  anymore in the lurch .There was also  the Positive & Empathetic utterances again,  even on 30 June 2021 meeting by AIBRFedn,where even though the Delegation raised Family Pension at 30% of BASIC PAY & some improvements for exgratia retirees.  But,Hon FM replied that they had discussions,they will announce solutions.She, of her own added that even Pension revision, they want to complete & announce decision soon.

R)It is paradoxical & even anachronism  to say, on the one hand ,Govt from rooftops praise Elders & Sr Citizens for their signal service & contribution to institutions & society, lays down many norms with All India Sr Citizens Confederation , but when the question of satisfying & redressing the problems of Pensioners ,which are genuine, modest & legitimate,ignore them with a cavalier attitude & above all driving them to legal recourse & remedies consuming enormous time, labour, energy & finances,without even an iota of empathy for them & the 1000s who have died in the interrugnum.  Voice of Reason & Voice of Justice shall ultimately prevail.

S)i) Sr Counsel must convert all these relevant points  with powerful epithets of Constitutional law, Rights of Citizens violated, utter Discrimination in DR, grotesque Anamolies in pension ,  the toughest & uphill task can ONLY be moderated,led with 1st hand Quotes of Law & convert those unassailable law points in terms of equity, equality & justice .

 

 ii) displaying his  creativity & originality with a unique sense of high watermark of astounding legal acumen & justifying in reality the sweat & labour of Activists, Front Leaders & LSGroup,

 

 T)i) NOW last many years,ALL Pensioners Fedns  sing  the  Pensioners' Nigam Geeth  of Twin Benefits & join the Orchestra in Utmost  Good Faith, Uberrima Fides ,as was confirmed in  2/2019 Meeting at Chennai,thanx to the initiative taken by GS,AIRIEF to cement unity of thought,similarity of submissions, & presentation to drive home Pension Upgradation for all Groups of Pensioners,thus once for all removing Pre & Post Appellations which have created grotesque Anamolies  & FULL DA/DR to employees & also pensioners which induced Discrimination & grievous loss to pre-8/1997 pensioners.

 

  ii)So strongest, most appealing, striking submissions unitedly by all Petitioners becomes all the more vital & a MUST to wrest & win, as courage & confidence & a Dhoni-like Cool temper & heroic,assertive,appealing ,courageous as bold as Virat Kohli record needed, Replies & Repartees on the part of our learned Sr Counsel will be a sine qua non for Success & Victory

U)           i)Hon  SC  must,befittingly , come to the rescue of pensioners who after being driven pillar to post ,with untold expenditure,unwarranted treatment.agony,anxiety & frustration writ large on their faces resorted to litigation by choice,here too delays, unwanted adjournments for long solicited by institutions have adverse impact on delivery of justice .Courts must honour the dignity & prestige of Elders with a Specific Order in an unqualified manner with no qualifying clause to enable pensioners to experience  justice, equity & timeliness.

                ii) With FAITH as a TORCH, EQUITY  as a LIGHT, EQUALITY as a  LUSTRE,

Pensioners True Dreams to be visible as VISION,SUPREME COURT as real

SUPREME SAVIOUR  rendering  true &quality JUSTICE & proving as a LIGHTHOUSE

&REPOSITORY to ensure SYMBOL of  BALANCE atlast proven WORTHY to the

AGGRIEVED & DESERVED .

V) SC represents  " no class, no caste, no majority, no minority".,so thundered former CJ Hon JMLodha.  This unique thought beats even Abraham Lincoln's definition of Democracy  as Govt "of the people, by the people, for the people" SC cannot abdicate its sacred responsibility & under no circumstances act or deliver  a  judgement  as if it is a  "caged parrot  speaking in its masters voice "

R.B.KISHORE, Ending withV:Victory

ED(Retd),LIC,

PATRON,AIRIEF : 12/7/21