https://www.livelaw.in/columns/epf-pension-case-employees-provident-fund-epfo-supreme-court-rc-gupta-case-verdict-180025
Saturday, 21 August 2021
1. Minimum Pension / Family Pension as per DHC Judgement did 27-4-2017. 2. How 30% Family Pension Tribe got eroded from 1987 to 2017 in LIC.
Dear Shri Sahni,
I have prepared a Chart based on DHC Judgement on Minimum Pension and Minimum Family Pension for all the three categories of Family Pendioners. I am attaching here with that Chart.
Kindly study it and if useful can be posted in your esteemed blog.
I have also prepared a Chart of how 30% and 20% Family Pensioner Tribe got eroded with every Wage Revision. With 2017 Wage Revision 30% FP is wiped out. In another 2 Wage Revisions 20% FP also becomes a history.
30% FP to all, without ceiling, is the need of the hour & DFS should accord its approval immediately.
The Chart is enclosed herewith.
Kindly go through the same & if you feel it is useful, you may publish the same in the blog.
Thanking you Sir,
Yours Brotherly,
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Guidelines for timely and qualitative disposal of Pensioners Grievances
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Posted: 20 Aug 2021 04:46 AM PDT
Guidelines for timely and qualitative disposal of Pensioners Grievances No: 17/3/2021-P&PW(Coord.) E 7179Government of IndiaMinistry of Personnel, Public Grievances and PensionDepartment of Pension and Pensioners' Welfare 8th Floor, B-Wing,Janpath Bhawan, Janpath,New Delhi-110001 Dated : 06.08.2021 OFFICE MEMORANDUM Subject:- Guidelines for timely and qualitative disposal of Pensioners' Grievances-reg.The undersigned is directed to say that the Department […]
LIC 65 th Anniversary Week 1st to 7th September, 2021
Yes, sure NO mention is made about anything or felicitations to Pensioners.
Reference to honouring Senior Most Employee is there for Insurance Week Celebrations
So too any day in 1st week of IW Dev Officers as Guru of Agents to be honoured in the presence of Agents for GURU DIVAS
Let us remember that every Chairman & Top Mgt always term Pensioners or Retired Employees as FOUNDERS
We have however never experienced any quick decision or conferment of Benefits to so-called Founders ! Every Benefit comes after data/charts with cogent logic & reasoning done, dinning & dinning , fup & fup & meeting face to face in noncovid days & various methods of exerting pressure
Sad as even after handsome wage revision effected , sumptuous arrears,worthy Rise in Mly Salary , yet some more benefits conferred on them
Look, prior to Covid days, Diaries & Calendars were distributed in some benevolent pensioner-friendly Divisions & SDM initiative .
Desirable that Mgt at least finds out some lesser but useful method of Attractive 4 Page handy Brochure with Holidays & Core data for all including Pensioners .
More important , I must mention & emphatically yearn for the DAY termed as FOUNDERS DAY invited & celebrated with decency & decorum, wise planning by ZMs with local SDMs active involvement & participation, PowerPoint Presentations useful to Pensioners by RMMktg, RMCC & SDMs
Believe me, during the years 2018,2019,2020 then ZMs SZ presence, his lecture , honouring Seniors of Senior thro shawl,ZM himself coming down from dais, very touching & of course a click on Camera
I narrate with seriousness & sincerity that Attendance was phenomenal , 350, 400, 440 app these 3 years Last 2 years No such initiative by present ZM .All grievances, Memorandum submission is to Senior Most RM & of course grievances & issues of Pensioners merrily discussed with RMOS with all OS ZO Officers present answering, approving, jotting, fup done & Critical issues taken as a Project & completed 2/3/4 years before like Title forms sent by ZO/DOs to Pensioners & vacant title now registered with Alternate Nominee too .So too Mobile Nos so important for Office & Pensioners but ignored & forgotten also completed 3rd item was Email Id & here too 95 percent success for obvious reasons
So EVERY Pensioners Fedn & AIRIEF must ensure thro Letters & Memorandums to SDM& ZMs & at CO with EDPer & EDOS
FOUNDERS DAY must be honoured & due respect & recognition must be given to Pensioners FRATERNITY as when Senior Pensioners & Pensioners Fedns are given opportunity to address
It should not be like a passing parade ,few here & there doing & celebrating & a majority of ZMs/SDMs sitting on fence with no earnest desire
Let 65th Anniversary Celebrations herald this honorable & auspicious Moment in the history of Pensioners
Greetings & Regards, RBKISHORE
Friday, 20 August 2021
Supplement to Pensioners' Handbook
Respected Sir,
After 2017 Wage Revision, Sri G N Sridharan ji wanted me to prepare a supplement to the already published Hand Book, giving 2017 Scales for all Cadres and to add 7th Group in the DR chart already published.
So a FOUR page supplement was prepared by me and some copies were printed and sent by Post or Courier by Sri Sridharan ji.
I am enclosing the same to you Sir.
Ofcourse the original supplement contained DR payable from 2/2021.
But now that we know DR payable from 8/2021 to 1/2022, I have edited the supplement with 8/2021 DR slabs.
Thanking you,
Yours Brotherly,
C T JOSHI.
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Thursday, 19 August 2021
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Wednesday, 18 August 2021
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Income Tax Department conducts searches in NCR
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Government of India
Ministry of Finance
17 AUG 2021 8:05PM by PIB Delhi
Government of India
Ministry of Finance
17 AUG 2021 8:05PM by PIB Delhi
Income Tax Department conducts searches in NCR
The Income Tax Department conducted searches on 16.08.2021 on a company engaged in trading of telecom equipment and installation and servicing of these items for various telecom players in India. Searches were conducted at 5 premises, including the corporate office, residence of foreign director, residence of company secretary, accounts person and the cash handler of a foreign subsidiary company in India.
The search revealed that the purchases of the assessee company were entirely from its holding company. Examination of import bills vis-à-vis sale bills show that there is huge gross profit (approximately 30%) on trading of these items, however, the company has been booking huge losses over the years. It is thus evident that losses are being booked by the company through bogus expenses in respect of services provided by it. Few such recipients have been identified in whose case, substantial expenses have been booked over the years. These entities have been found to be non-existent at their addresses. Moreover, the said entities also do not file their Income Tax Returns(ITRs). More such dubious entities are being examined. It is expected that bogus expenses would run into hundreds of crores over the years.
During the search, incriminating evidence has been detected in Whatsapp chats of the CEO, CFO and other key persons indicating illegal payments to telecom companies. Whatsapp chats also reveal payment of commission to a person based in Australia for purchase of shares of a telecom company in India. These transactions are being examined further. Evidence in the form of electronic data and physical papers, found during the course of the search shows that unaccounted money, running into several crores every year, has been brought back into the books in the form of bogus scrap sales, etc. Incriminating documents found from the electronic data of key persons, including the foreign CFO, show that the employees of the company were engaged in illegal currency exchange from Rupee to RMB. They were also found to be engaged in large scale illegal trade of medicines from India to China.
Examination of books of the assessee company shows large discrepancies. It has been found that the company has failed to deduct TDS on provisions made by them for expenses. During F.Y.s 2014-15 and 2015-16 the company failed to deduct TDS on such provisions amounting to more than Rs. 120 crore. The company has claimed expenses of more than Rs. 100 crore on account of provisions created by it for doubtful debts in F.Y. 2017-18. Similarly, expenses of hundreds of crores have been claimed over the years on account of provision for doubtful debts and provision for doubtful loans and advances. Admissibility of such expenses is being examined.
Further, the Assessee company has also declared only 2 bank accounts in its Income Tax Returns (ITRs) despite having around 12 operative bank accounts. Accountability of transactions in other bank accounts is being examined.
Issue of tax liability of hundreds of crores has been identified so far. Unaccounted cash of more than Rs. 62 lakh has been found at the premises. 3 lockers have also been found during the course of the search, which have been placed under restraint. Search operation is still continuing.
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RM/KMN
HAPPY BIRTHDAY TO SHRI G N SRIDHARAN
PENSIONERS' VOICE AND SOUND TRACK
WISHES SHRI G N SRIDHARAN
A VERY HAPPY BIRTHDAY
90 years,hit a century , we have sowed, we all have to reap
90 years,hit a century , we have sowed, we all have to reap
Endearing GNSridharan,
Happy Birthday to a person that's charming, talented and indeed many-splendoured ,
What a fruitful , multi-talented Personality , a versatile Speaker, a profound Writer of men & matters,a renowned Lawyer,
· ·
As an Administrator & GS of Fedn of LIC Class I Officers Assns, during service & a devoted, dedicated Leader of Retd Class I Officerd Assn , you played an instrumental role in your identification of Pensioners problems & grievances & resolving with your skills of negotiation with Top Mgt,LIC .The legal acumen you possess in abundance enabled you to untie many knots in the complicated journey of 23 years all of us & dear Pensioners are struggling . As one of the Architects with resounding knowledge of the intricacies , you brought to bear an impress of your personality
I always write to you to compliment you for your sterling achievements of the Probus Award, your delectable penning of the marathon Book on legal matters, a compendium of sorts for any reference et all .
90years today is aMilestone&a watershed in your life blossomed in the good company of your dear wife,to ruminate over the past memorable years . May beauty and happiness surround you, not only on your special day, but always.
The advantage of old age is that you get to spread your love to many others.You have abundantly fulfilled this Sterling quality .
. Words alone are not enough to express how happy we are, you are celebrating another year of your life!
Be happy! Today is the day you were brought into this world to be a blessing and inspiration to the people around you! You are a wonderful person.
May you be given more birthdays to fulfill all of your dreams,the best is yet to come & will come.
While, as your younger brother, your blessings I shall value & cherish for ever, your observations are always unique & serves as a beaconlight to all of us.
Delight & a pleasure to wish you many many Happy returns of the day
Have a wonderful, happy, healthy birthday now and forever. Happy Birthday!
,with love & pranams
RBKISHORE
Tuesday, 17 August 2021
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D S Nakara Judgment case
Today I wanted to list out some case laws that we have cited in our petitions in the Delhi High Court and also the case laws cited in the judgment of the Delhi High Court delivered on 27/4/2017.
Our various legal counsel are already very much conversant with the various case laws including the most important among them ,viz, the D S Nakara case judgment.
I thought of sharing some thoughts with our pensioner friends as to how well we can use the D S Nakara case judgment to our advantage.
Today when I went through the head notes which I downloaded from the Indian kanoon website, it struck me as to how well the observations made by the Supreme Court in the judgment fit our case admirably, if only we are able to effectively counter the arguments from the case laws which were used to contradict the ratio of the D S Nakara judgment through our counsel.
To my mind, there are two areas in which the D S Nakara case judgment can establish the applicability of the Nakara case ratio in our favour.
1.The DR anomaly created by the Appendix IV DR formula for pre-August 1997 retirees is the first point attracting discrimination.This discrimination came into official highlight by LIC with the inclusion of Para 3A of Appendix IV which among other things provided 100% DR neutralisation on the one hand for post July 1997 retirees and serving employees and also provided the same rate of DA/DR for serving employees & retirees from 1/8/1997.Thus a principle of equitable and full neutralisation was adopted for serving employees and post 1/8/1997 retirees alike and this practice is being followed through all the subsequent wage revision periods till date.
While notifying the LIC Pension Rules 1995,the Central Government not only adopted a tapering formula for DR for the two groups of pre-August 1997 retirees without 100% DR neutralisation, but the formula adopted was also different from the tapering DA formula for serving employees upto 31/7/1997. This meant that there was no equity and equality in the matter of DR & DA between retirees and serving employees unlike after 1/8/1997.The rate of DR received by pre-August 1997 retirees is in fact providing a reduced quantum at the same rate on a reduced upper boundary of basic pension on each of the three slabs with the uppermost slab pensioners suffering the maximum loss in DR. to some extent by the partial relief granted by the DHC judgment, still,
In the case of post August 1997 retirees there is no such loss in DR.
Even though this loss has been mitigated to some extent by the partial relief granted by the DHC judgment, still, there is no equity and equality for these two groups of retirees compared to post- August 1997 retirees who do not suffer from such inequity and equality.
To that extent the LIC Pension Rules 1995 ,as they exist today , have two classes of pensioners under the same scheme one who enjoy equitable 100% DR neutralisation and another class being the set of two groups of retirees who continue to suffer from inequitable treatment by getting a lesser quantum of DR than what the should get. This constitutes a violation of Article 14 of the Constitution attracting the ratio of the D S Nakara case judgment
2.The second point of application of D S Nakara ratio arises from Rule 55 B which has created a separate class of pensioners under the same Scheme of Chairman ( now christened Chief Executive and also combining the position of Chairperson for the present) and Managing Director retired after 1/1/1996 , who are made entitled to the benefits as provided to Central Government employees governed by CCS Pension Rules 1972.The group of employees/pensioners not covered by Rule 55 B form another class .Within this class(outside Rule 55B) are included the Chairmen and Managing Directors who retired before 1/1/1996.Many past Chairmen and one Managing Director have since passed away and only there is a nonagenarian surviving retired Chairman and two senior octogenarian surviving Managing Directors as on date receiving lower quantum of DR and pension.
Hera again the ratio of D S Nakara has been attracted by the discrimination it has created while Rule 56 actually entitles all pensioners to be treated in the same manner as the Rule 55 B covered pensioners.
Thus these two grounds are sufficient to impress upon the Supreme Court clinch our case. In the Delhi High Court judgment , a number of judgments have been taken into account by the Bench while delivering the judgment.All that we need to tell the Supreme Court is that the Rule 55 B is sufficient to conclude that those negating case laws will not apply in our case over the D S Nakara ratio.
Of course there are other strong grounds in favour of upgradation which I am sure our counsel will be arguing on to press our claims , but I thought the above two points make good difference for our case .
I attach a copy of the D S Nakara judgment for ready reference.
C H Mahadevan
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Monday, 16 August 2021
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Sunday, 15 August 2021
I LOVE MY INDIA
PENSIONERS' VOICE AND SOUND TRACK"
WISHES YOU ALL A VERY HAPPY 75 TH INDEPENDENCE DAY
R K SAHNI
Happy Independence Day, Ananta Saran Parida
Happy 75th INDEPENDENCE DAY, 15th August,2021A S Parida, MA MBA LLB FFII CIS CIC Dip-in-TDBhubaneswar
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