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Saturday, 12 July 2025

UPDATION OF BASIC PENSION






AIRIEF CIRCULAR DATED 08.07.2025

Respected Shri Mahadevan Sahab,

In the circular of AIRIEF, there is a passing reference of the discussions that took place in the meeting of LSG of AIRIEF. The discussions were mainly on the developments related/relevant to our pension updation case, which have taken place after 20/02/2024, the date of last hearing of our cases in the SC, particularly the judgment of DHC in respect of S 30 Pensioners case, duly upheld by SC and the validation of CCS Pension Rules through the Finance Act, 2025. As we discussed on the phone a few days earlier, DHC judgment in the case of S 30 Pensioners, upheld by the Supreme Court, is mainly based on the interpretation of D S Nakara Case in Union of India Vs. SPS Vains (2008) and All Manipur State Pensioners Association Vs. State of Manipur (2020).

Issues of our case (AIRIEF Vs. LIC of India & Ors.  CA 3466 of 2024), resemble the issues of SPS Vains Case and All Manipur Pensioners Case and hence, the following principles/ratio, upheld in the said judgments, would be applicable to our Civil Appeal also.

i.            the classification of the pensioners into two classes, whereby one class would draw pension not only less than those who retired from the same post after the cut-off date but also lesser pension than those who retired post cut-off date from the posts which are 2-3 grades below that of the applicants is absolutely unreasonable.

ii.           the stand of the respondents (Union of India) that the judgment in SPS Vains case will not apply in the case of civil pensioners, cannot be a valid argument because the ratio laid down is that there cannot be a disparity in payment of pension to officers of the same rank, who had retired prior to the introduction of the revised pay scales, with those, who retired thereafter. The case of Brigadier and Major General in the Army is only an example. Thus, even if the facts of the case are different, the ratio would apply.

iii.         the relief granted under the orders dated 20.11.2014 and 24.09.2015 would be granted to the members of the respondent (S 30 Pensioners Association) with effect from the date of revision of pension i.e. 01.01.2006.

The aforesaid ratio/tenets are relevant to our cases also.

As regards repealing of CCS Pension Rules, 1972, I shared my views long back that Sec 8 of the General Clauses Act, 1897 takes due care of the references in any other enactments to the provisions of the repealed Act.

We discussed at large as to how to protect interest of LIC Pensioners with regard to the benefit of Pension Updation from 01/08/1997. As regards the financial impact, we should restrict our arguments up to pension payment and not indulge in Pension Fund or contribution etc. as it falls under the ambit of the employer. In a strict legal sense, expense on pension payment is the amount which is paid to the pensioners/Family Pensioners every month.  The Pension Fund is retained and controlled by LIC. Profit and yield from Pension Fund is used by LIC. This aspect is dealt with in detail in our SLP and was already discussed with the Sr. Advocate.

Whatever new points relevant to our cases come to our knowledge, we are sharing with Shri R K Singh, our Advocate and so that the same will be  brought to the notice of our Sr Advocate during the next conference.

Thanks & regards,

 

M P Agnihotri.


Friday, 11 July 2025

CERTIFICATE OF EXISTENCE DUE ON 01.08.2025

Dear Sir/Madam,

We are pleased to attach herewith the following forms.

1. Certificate Of Existence : To be submitted by all pensioners 
    (a) To be submitted by all pensioners 
    (b) To be submitted by pensioners who are presently out of India
2. Declaration: To be submitted by family/child pensioners

We request you to send  the form/forms duly filled in and counter signed by
authorised person on or after 01/08/2025 to OS/Pension Section.

SC Order dated 10.07.2025 in WP(C)/2025 on Eelection Commission SIR( Special Intensive Revision)

SC Order dated 10.07.2025 in WP(C)/2025 on Eelection Commission SIR( Special Intensive Revision)

https://drive.google.com/file/d/1n69c7ykLKz8dWAS2PTLSL93emA0Hg7T0/view?usp=drivesdk

REPLY TO MY QUERY BY CHAT GPT ON RULE 56 ON 11/7/2025

Please see the attachment.

A brief for the counsel has also been provided.
C H Mahadevan

REPLY TO MY QUERY BY CHAT GPT ON RULE 56 ON 11/7/2025

My query:

Directive for the Efficient and Effective Management of Litigation by Government of India

 

8BARBENCH News - Government - North South Block 


Central government reveals plan to end long-pending court cases, prevent unnecessary litigation. 

The guidelines are titled ‘Directive for the Efficient and Effective Management of Litigation by Government of India’.


The Union Law Ministry has issued a slew of guidelines to all the ministries and departments of the Government of India to ensure timely adjudication of cases where the government is a litigant. An office memo (OM) issued by the Ministry of Law and Justice said that the Standard Operating Procedure (SOP) will help prevent unnecessary litigation and streamline inter-departmental coordination in litigation. 

AIRIEF CIRCULAR DATED 08.07.2025

Dear Mr Sarkar 
I read your above circular.I am glad that your LSG  has decided on four  points arising out of the Validation Clause of the amendment  to the Finance Act 2025 to be placed before our Senior Counsel .
I feel that while briefing our counsel, we need to remember two things.
First, the amendment seeks to bring retrospective effect to the provisions from 1972. It is important to note that the CCS Pension Rules 1972 stand repealed by the CCS Pension Rules 2021 notified on 20/12/2021.This amendment cannot have effect  on the 1972  Rules which  had no existence as on the date of the amendment in 2025.
Secondly ,as the intention of the Government seems to be to deny arrears by avoiding retrospective effect,even in our case, considering the strong grounds,if SC allows our prayers, LIC may come up with the plea for prospective effect due to huge financial burden that it may entail. Our Pension Rule 5(3) stipulates that the Pension Fund should be kept adequate at all times so that LIC is able to meet its pension obligations at all times.If SC  allows our prayers for pension from eligible dates, then the arrears will have to be paid  right from 1/8/1997  for pre-August 1997 retirees/ family pensioners  and from subsequent immediate  effective date of wage revision for subsequent groups of retirees/ family pensioners  till the current dates.
The plea of huge financial burden cannot be a ground for denial of arrears as LIC has defaulted in making timely contributions to the Pension Fund as per Rule 5(3) of LIC Pension Rules 1995. 
Also  I remember that Supreme Court has held pension as property under Article 300 A of the Constitution. By denial of arrears of pension , LIC may deprive the pensioners their right to property  which includes past entitlements. 
These points also need to be communicated to our legal counsel.
C H Mahadevan 

AIRIEF CIRCULAR DATED 08.07.2025

AIRIEF CIRCULAR DATED 08.07.2025

Thursday, 10 July 2025

BREAKING| Supreme Court Asks ECI To Consider Aadhaar, Voter ID & Ration Cards For Bihar Electoral Roll Revision; Says Timelines Are Short

BREAKING| Supreme Court Asks ECI To Consider Aadhaar, Voter ID & Ration Cards For Bihar Electoral Roll Revision; Says Timelines Are Short

https://www.livelaw.in/top-stories/supreme-court-asks-eci-to-consider-aadhaar-voter-id-ration-cards-for-bihar-electoral-roll-revision-questions-timelines-297096


GURU PURNIMA KI HARDIK SHUBHKAMNAY


गुरुर्ब्रह्मा गुरुर्विष्णुः गुरुर्देवो महेश्वरः,
गुरुः साक्षात्‌ परब्रह्म तस्मै श्री गुरवे नमः॥
गुरु पूर्णिमा के पावन अवसर पर हार्दिक बधाई एवं शुभकामनाएं।

आपके अथक  परिश्रम ,त्याग,दूरदर्शिता, ज्ञान, सक्षम नेतृत्व  और मार्गदर्शन  से आज  भारतीय जीवन बीमा निगम अपने लक्ष्यों को  प्राप्त करने में सफलता के साथ छितिज  की नई  उचाईयो पर प्रतिस्थापित है। 

धन्यवाद सहित सादर-Thanks and regards

विवेक सिंह -Vivek Singh
Secretary General-NFIFWI(LIC Development Officer Organisation)
Ex Member-Insurance Advisory Committee-IRDAI
Mob:+91 9415202088-7007273426-9170576175

PLLI for the Financial Year 2024-25

PLLI for the Financial Year 2024-25
https://drive.google.com/file/d/1mp6yTXIwuIoipRxXUnw8uy7nfzgQXMGN/view?usp=drivesdk

Tuesday, 8 July 2025

IITs are building the American empire

 IITs are burning midnight oil, day and night,

But not for India.

With our tax money,

They're building the American empire.


Before 1947, we served the East India Company.

Now, we bow to the West Coast Company.


Let me tell you what no one said.


The Government spends over ₹10–15 lakh per student during a 4-year IIT BTech prog.

Friday, 4 July 2025

*📌No. of Employees Retiring in the financial year 2025-26 From LIC OF INDIA.

*📌No. of Employees Retiring in the financial year 2025-26 From LIC OF INDIA.


*👉Class I- 2163*

*👉Class II- 1021*

*👉Class III- 2444*

*👉Class IV- 92* 

*👉TOTAL -5720*

MD INDIA TPA

Hospital List


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Health Insurance to be regulated exclusively

Subject: Health Insurance to be regulated exclusively
The General Insurance Council (GIC), along with the Insurance Regulatory and Development Authority of India (IRDAI), is in talks with the central government to establish an independent regulatory body for the healthcare sector, said Ramaswamy Narayanan, CMD of the General Insurance Corporation of India.

The proposed regulator would function much like other sectoral watchdogs, such as IRDAI for insurance, Securities and Exchange Board of India (SEBI) for capital markets, and the Reserve Bank of India (RBI) for banking.

According to Narayanan, two major issues have prompted this move: fraudulent practices and discriminatory pricing by hospitals based on a patient's insurance status.

In its current form, the healthcare industry lacks pricing standardisation and oversight, Narayan said.

Most probably, such dedicated Regulator for Health Insurance is unique in the world.

 M Arunachalam