My response on the points raised by Mr G Ramamoorthy are as follows:
In respect of our arguments as also of the statements of a member in the recent Class I officers Association proceedings that recently amended Rules in CCS Pension Rules provide Revision of pension for pre 2016 pensioners and family Pensioners and we can take advantage of the same as per Rule 56 of our Pension Rules, I wish to submit as under:
Though the Rule 56 of LIC employees’ Pension Rules 1995 states that " matters relating to pension and other benefits in respect of which no express provisions has been made in these Rules, shall be governed by the corresponding provisions contained in the CCS (Pension) Rules 1972', I strongly feel that we cannot take advantage of the same for revision of our Pension, as the CCS Pension Rules 1972 clearly states that the Rules shall not applicable to persons whose Terms and Conditions of Service are regulated by or under the provisions of the Constitution or any other law for the time being in force.
My remarks
Taking advantage of the revised CCS Pension Rules 2021 is inconsequential for our demand for upgradation of pension as even before the revised CCS Pension Rules 2021, Central Government employees have been getting the benefit of pension w e f 1/1/1996 on implementation of 5 th CPC Recommendations by the Government. Rule 56 can be used to only invoke the principle that whatever benefits the Central Government pensioners obtained by way of upgradation of pension even in the absence of Rule 66 of the revised CCS Pension Rules 2021 should be also extended to LIC pensioners.
Therefore only rescue for our case for Revision of pension is, Rules under Paras 3(A), 3( B) to the Appendix IV of OUR Pension Rules 1995 ,incorporated on 22-6-2000 and published in the Official Gazette , which should be applied to all the Pensioners without discrimination relating to date of retirement , as Judged by the DHC on 27- 4- 2017, quoting DS Nakara case ( principles of equality) .
My Remarks
Para 3A & Para 3B will not help us for demanding upgradation of pension. Rule 3 A only brings out the discrimination that pre-August 1997 retirees suffered by a DR formula that was unequal between retiree and serving employees by lack of 100% neutralisation of DR, while from 1/8/1997, not only there was 100% neutralisation of DA/ DR but it was also identical for the same Basic Pay/ Basic Pension for serving employees and retirees. The ratio of D S Nakara case judgment can only be invoked for the discrimination in DR vis-à-vis the serving employees in the rate of DR. The DHC judgment dated 27/4/2017 did not provide a logical remedy for the anomaly, but ordered an arbitrary change in the DR formula instead of ordering an identical DA/DR formula to be applied for serving employees/pensioners in the absence of a provision for upgradation in our Pension Rules.LIC also did not contest the DHC judgment and paid arrears of DR to pre-August 1997 retirees ( although not exactly as ordered by the DHC).
Para 3 B will also not help for upgradation of pension as it has relevance only to fix the rate of DR after future wage revisions for which power has been vested in the Corporation.
We can also take advantage of the Rules 36 (Index Linked' Pension) , 37, 37(B), 55A & 55B.etc
My Remarks:
Rule 36 relates to Minimum Pension and not index linking.Index has been only mentioned in the Explanatory Memorandum at the last page of the Pension rules.Rule 37 deals with DR .I don’t understand what is Rule 37(B). Rule 55A deals with power of Central Government to relax requirement under any of the rules
Of Course, Rule 55 B is discriminatory entitling Chairman( now Chief Executive) and Managing Director retired after 1/1/1996 to be covered by CCS Pension Rules. This will attract the ratio of D S Nakara case judgment.
We can also take advantage of the Pension Fund, which was constituted for the benefit of all the Pensioners irrespective of their date of retirement, as each Pensioner is a Member of the Pension Fund ( Sub-rule 8(a) of the
Pension Fund Rule 3 )
In Chapter II ( Application & eligibility) of our Pension Rules, Sub-rule 8(a) of Rule 3 states each Pensioner is a Member of the Fund & in Chapter III ( The Fund) Rule 8 deals with the Board of Trustees, Rule 9 says that the Trustees to carry out the direction of the Corporation and Rule 13 deals with the payments out of the Fund.
By passing the LIC employees’ Pension Rules 1995, the government through this legislation transferred its powers under Section 48 of LIC of India Act, to the Corporation which in turn Constituted the Pension Fund under Board of Trustees who has to carry out the direction of the Corporation with regard to payments of pension and other benefits. Hence the Resolution of the Board of LIC on 24-11-2001 need not go to the Government for sanction.
My Remarks:
The above are the characteristics of a funded pension scheme and such a mechanism does not mean that the Board Resolution dated 24/11/2001 need not go to the Government for sanction .The Dipak Misra judgment dated 31/3/2016 clearly held that the recommendations by the Board have not become part of the LIC Pension Rules 1995 with approval by Central Government.
It may be noted that the Government has not reserved its rights under LIC of India (Employees) Pension Rules 1995 with regard to service conditions of the employees. Payments of pension and other benefits are fully conferred to the Board of Trustees of Fund which is Chaired by the Chairman of the LIC of India.
My Remarks:
Creation of a Trust for administering Pension Fund does not take away the power of the of the Central Government to make rules relating to pension and the Pension Trust has to manage the Pension Fund within those rules made by the Government.
Since the LIC of India Employees Pension Rules 1995 are based on All India Consumer Price Index , the pension revision will become a necessity as and when the Index changes and pay revision takes place quinquennially according to the Cost of Living Index.
My Remarks
Pension revision will be a necessity only if the rules provide for the same. The LIC claims that the rules do not provide for revision. That is why we are fighting it out in the courts on the grounds that the rules as they exist are violating our fundamental rights and need suitable amendment to provide for pension revision with every wage revision.
Therefore, the Board passed the said Resolution based on the Para 3 A conferring 100% DR of the basic pension which is linked to AICPI.
My Remarks
The Board Resolution did not provide for 100% DR based on Para 3 A. What the Board approved was a merger of DR with Basic Pension on 1/8/1997 for pre-August 1997 retirees and revise the basic pension after applying suitable weightage at 11.25% after DR merger.On the basic pension so revised , para 3A was to be applied for calculation of DR. But it did not happen except at the time of payment of 40% interim relief as per SC order dt 31/3/2016. Delhi High Court ordered a different dispensation on 27/4/2017. What DHC granted by way of partial relief was confined to pre-August 1997 retirees.
But what we want from Supreme Court is justice for all employees and pensioners with the grant of benefit of upgradation of pension with every wage revision. In fact, we are not only fighting in Supreme Court for pensioners, but also for employees who are in service who are covered by LIC Pension Rules 1995 as well.
C H Mahadevan
---------- Forwarded message ---------
From: Ramamoorthy G <grama1937@hotmail.com>
Date: Thu, Nov 30, 2023 at 7:43 PM
Subject: Pension Revision Rules in CCS (Pension) Rules 1972 ( as amended recently) and LIC Pension Rule 56 ( Residuary provisions).
To: rbkseetha <rbkseetha@gmail.com>, RB Kishore LIC <rbkseetha@yahoo.com>Respected Sir,In respect of our arguments as also of the statements of a member in the recent Class I officers Association proceedings that recently amended Rules in CCS Pension Rules provide Revision of pension for pre2016 pensioners and family Pensioners and we can take advantage of the same as per Rule 56 of our Pension Rules, I wish to submit as under :Though the Rule 56 of LIC employees Pension Rules 1995 states that " matters relating to pension and other benefits in respect of which no express provisions has been made in these Rules, shall be governed by the corresponding provisions contained in the CCS (Pension) Rules 1972', I strongly feel that we cannot take advantage of the same for revision of of our Pension, as the CCS Pension Rules 1972 clearly states that the Rules shall not applicable to persons whose Terms and Conditions of Service are regulated by or under the provisions of the Constitution or any other law for the time being in force.Therefore only rescue for our case for Revision of pension is , Rules under Paras 3(A), 3( B) to the Appendix IV of OUR Pension Rules 1995 , incorporated on 22-6-2000 and published in the Official Gazette , which should be applied to all the Pensioners without discrimination relating to date of retirement , as Judged by the DHC on 27- 4- 2017, quoting DS Nakara case ( principles of equality) . We can also take advantage of the Rules 36( Index Linked' Pension) , 37, 37(B), 55A & 55B.etcWe can also take advantage of the Pension Fund , which was constituted for the benefit of all the Pensioners irrespective of their date of retirement, as each Pensioner is a Member of the Pension Fund ( Sub-rule 8(a) of the Pension Fund Rule 3 )In Chapter II ( Application & eligibility) of our Pension Rules, Sub-rule 8(a) of Rule 3 states each Pensioner is a Member of the Fund & in Chapter III ( The Fund) Rule 8 deals with the Board of Trustees, Rule 9 says that the Trustees to carry out the direction of the Corporation and Rule 13 deals with the payments out of the Fund.By passing the LIC employees Pension Rules 1995, the government through this legislation transferred its powers under Section 48 of LIC of India Act, to the Corporation which in turn Constituted the Pension Fund under Board of Trustees who has to carry out the direction of the Corporation with regard to payments of pension and other benefits. Hence the Resolution of the Board of LIC on 24-11-2001 need not go to the Government for sanction.It may be noted that the Government has not reserved its rights under LIC of India (Employees) Pension Rules 1995 with regard to service conditions of the employees. Payments of pension and other benefits are fully conferred to the Board of Trustees of Fund which is Chaired by the Chairman of the LIC of India. Since the LIC of India Employees Pension Rules 1995 are based on All India Consumer Price Index , the pension revision will become a necessity as and when the Index changes and pay revision takes place quinquennially according to the Cost of Living Index. Therefore, the Board passed the said Resolution based on the Para 3 A conferring 100% DR of the basic pension which is linked to AICPI.Submitted for consideration please.Get Outlook for Android--RB Kishore,PATRON,AIRIEF,
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