FINAL PHASE OF SC BENCH HEARING OF OUR CASES ON TWIN BENEFITS,APPEAL FOR DONATIONS

 

     From: Sri R.B.Kishore

   Sent: ‎Friday‎, ‎20‎ ‎November‎, ‎2015 ‎1‎:‎15‎ ‎PM

Affectionate colleagues & pensioners,

1)Final phase decisive hearing--do or die-situation on 24 Nov 2015 hopefully

Sure U must have gone thro my sincere appeal for donations to Legal Fund.Glad we have started receiving response.So many pensioners are there & so donations can pour in,all for a legitimate cause,demands modest, justifiable & justiciable.Ever so many successive victories last few years is positive proof that the course of justice runs on sound lines,but with customary limping, needless delays & adjournments . Fortunately, Hon SC Bench has characterised our case as Part Heard & so on Priority No 1-5.Let us see when Daily Cause List** will come any moment

**OUR CASE IS NOW LISTED AS FIRST CASE ON 24.11.2015

2)Open airiefvision.wordpress.com on 24 Nov Tuesday, Click SUPREME COURT LIVE DISPLAY BOARD ,u can locate therein. go on praying & see Court No 5,our case,depending on movement,like cricket score Board,when it starts & when it ends.

3)The very fact earlier we sent u copious writeups from me ,comprehensive & clearcut ,supported by Case laws & LIC Data,Pensioners data & now to give us more Courage & Conviction,yesterdays 7th PAY Commn recommendations with a Wonderful Parity Fitment in New Scale at SAME LEVEL where pensioner was & to add pep & sugar ,sweeter additions, wa, 3 % rise for EACH INCREMENT drawn by Pensioner in that scale & today we sent some Specimen Calculations 7th  PC mentioned,---all these & many more earlier SOLIDLY SUPPORT pension UOGRADATION,absolute need of the hour to make our lives meaningful & to lead a healthy, worthy living as a true citizen with raised heads & pride

When we see Employees Wage Settlement in LIC with FULL DA merger with Basic Pay denied to Bank employees & only Partial DA merger allowed PLUS so many allowances, benefits, perks etc which pensioner are not getting,this Pension revision with wage revision is the ONLY ANSWER

4)Please, therefore send ur gracious & magnanimous donation IMMEDIATELY & WITHOUT DELAY as clearly mentioned in Para No 8 of my email dt 11/11/2015,to repeat for ur convenience, "Please send crossed cheque  in favour of RIEA, CHENNAI,& send post to me R.B.Kishore,President, RIEA Chennai,A6,PRATIGNA, 8 (OLD 22),2^nd Street,  B.N.ROAD, TNAGAR,CHENNAI, 600017 .Tel No 044-2815 5810 /098403 40591. OR,Net Banking direct instant transfer to RIEA, CHENNAI,SB A/C BANK OF INDIA,USMAN ROAD,MAHALAKSHMI STREET, TNAGAR, CHENNAI,600017, A/C No . 801910100006379, NEFT/IFSC CODE  : BKID0008019.Please doubly verify the A/C No, 15 digits & IFSC CODE ,1^st 4 alphabets,next 7 numerals ,in all 11."  for the 24/7 active service we activists are doing,went to Bhopal for EC Meeting of our AIRIEF,not easy for a long train journey at this age & so comfortably u all can empathise for the work & sacrifice we shower covering this & many more issues & problems of pensioners 

5)Do not hesitate to send for this unique case,historic it has to be,as all care & precautions are being taken ,coupled with the copious positive declarations all over to grant this benefit to Elders & Sr Citizens,who richly deserve for the devoted & dedicated service for long they put in

Awaiting ur response,tapal, phone calls

Greetings & warm regards,

From: Seetha And Kishore <rbkseetha@yahoo.com>
To:
Sent: Wednesday, November 11, 2015 1:50 AM
Subject: FINAL PHASE OF SC BENCH HEARING OF OUR CASES ON TWIN BENEFITS,APPEAL FOR DONATIONS

  

Endearing  Pensioner friends,

  1)The clock is ticking.SC Bench hearing  of our case is not on 18^th Nov ,2015, but on 24 Nov,2015  as per SC Registry website .It seems  Hon Justice  Dipak Misra is engaged with another Brother Judge for a week for hearing & hence on 24 Nov, 2015. All of us are only mute witnesses to tardy  judicial processes & many times delay, dither, postponements & adjournments, sometimes too long & only last few months,as the case is treated as Part-heard, Judges are prepared to grant hearing,order case as No 1-5 & so pre-lunch session on DDay ,we all are able to savour LIVE DISPLAY BOARD,as the Bihar Assembly elections unfolded as a melodrama of sorts, proving our vibrant democracy,electorate feeling the pulse of party candidates all right & voting to power & rule to those in whom they repose trust & proving psephologists , astrologers & political pundits  wrong.

2)As Election Commission comes out unscathed basking in glory of a free& fair elections of such gigantic proportions  , so too, we are confident, Supreme Court, who have proved that Apex Court is supreme, it cannot tolerate inequities & inequalities,it condemns discrimination in any form, it is a torch-bearer of Fundamental Rights enshrined in our Constitution,it has delivered umpteen positive & favourable judgements on pension upgradation, & reinforced in recent times with reason,logic & points of law,stuck to their stand even when UOI wanted to defy Date of discrimination or effective Date,1/1/2006 & not 15/9/2012 for pre-1/2006 govt pensioners through a 5-Judge  SC Bench presided  by then Hon Chief Justice  R.M.Lodha

3)Friends, we know that the path to perfection is a slope rather than a staircase. Complacency should not set in,wavering thoughts must be substituted by refined, polished,clear-cut arguments to gain limelight with the eminent SC Bench,facts & figures aplenty to  replace vague utterances which cut no ice with Hon Judges & so driving home the outlay factor oozing confidence ,as outlay of Rs 160cr per annum,peanuts to LIC , a gigantic financial & service institution,as  everyone will  obviously know,  will swell with many passing years as it has happened. Ever so many victories with ever so many tribulations & the adamant attitude of LIC coupled with UOI/MOF negative stance& diabolic & dictatorial dictats to Institutions  to deny what is legitimate to pensioners with 6/7 grades below cadres getting more than their superiors & 1^st July  2015 crisp verdict by same ever-green Hon Justice Dipak Misra who pronounced such differences cannot exist . ' The question is whether inherent, apparent, or latent discrimination is permissible.in our view,the short answer is that it cannot ever permissible '  . .The principle of law,as decided by the Hon Apex Court ,is plain & simple;that a Senior Officer cannot get pension less than his Junior. If that be ,the effect of pay fixation than the pension would have to be stepped up to  avoid such hostile discrimination.

 

4)Though  we claim credit that atleast LIC Board Resolution,of 24 Nov 2001, which forms the bedrock & stepping stone for Hon SJ Bhandaris historic judgement  was only due to singular efforts of AIRIEF to din into the ears of LIC Management the need for Same DR to Pensioners as Same DA  to Employees,by their MOU dt 14/1/1994 with Unions  & to stem the rot of gaping anamolies & monstrous differences  with every Wage agreement an adequate Fitment Weightage  & all know, after the latest Wage agreement of 1/8/2012—31/7/2017,hailed even by Unions as a worthy befitting boon to Employees & more noteworthy is the Full Merger of DA with Basic Pay,which was denied to Bank employees  & so lions share of credit to LIC Chairman to break deadlock at MOF ,hopefully we plead & pray good sense dawns on LIC Chairman to now fully support pensioners  cause,hanging fire for so long & more than 15,000 pensioners having died leaving families in doubt & distress.

5)Hon SJ Bhandari  admitted both writs on Full DR & Pension revision with wage revision & Hon DB Jaipur characterized the verdict as an Umbrella Judgement. AIRIEF& President Sri S.S.Saxena certainly has participated with vigour & involvement with many discussions & dialogues with our Sr Counsel & last hearing also hooked in VP,SC Bar Council for presentation of arguments ,alongwith our Sri Nidish Gupta.Some more dialogues will take place at propitious moment,substance,facts, case laws, outlay matters, in rem to be thrashed out successfully & other issues likely to be raked up with emphatic submissions , repartees ,rejoinders,with conviction & convincing  arguments ,facts & figures to touch the minds & hearts of the SC Hon Bench

6)Last few months,legal expenses have mounted up as Sr Counsel at SC Bench hearing always proves costly,which a Pensioners Fedn can ill afford. You recall voice of wisdom & reason rightly uttered  the truth & echoed the sentiments  that ALL pensioners of all hues & colours & of ALL groups will stand to benefit once Victory embraces us ,but a Microscopic minority,very very small number  only have paid Legal Fund donation & so this legal battle has drained finances,energy & a large number remained in the periphery watching the movement of the cases but not actively part with legitimate dues,which could have been easily done when substantial DR slabs all pensioners got last 2/3 years due to inflation,a small mediclaim premium refund twice done,many securing restoration of Commuted Pension,etc  which must beremitted to RIEA/AIRIEF , & kept everready to honour our commitments to our Sr Counsel & many other incidental expenses. It is with this humble  and pragmatic approach laced with realism, truth of the times as litigation is always prohibitive  that we prayerfully approach you with a humble request to contribute Rs 1000 –3000 atleast to manage the few sittings,very critical & vital,though we are in final phase,yet be prepared to shoulder our responsibility. Collections of membership levy,HMVaristha Vaani subscriptions & a few legal fund collections were made at Bhopal EC Meet  but a sizeable fund has to be kept ready without being dry.AIRIEF finances are always pucca & fully  audited & former General  Secretary ,late Sri VCJain,not only presented accounts in 9^th GC at Bengaluru but produced  updated accounts as at 1/2015 at Raipur OB Meeting to hand over to new Treasurer & team AIRIEF. He died in 3/2015

7)Friends, look at this paradox,when sparse miniscule pension is proposed to be stepped up with 3,2, & 1 Fitment merger of relevant DR with Basic Pension,in continuum, bring a modicum of pension parity, EVEN the Cassandras who plead for DR ONLY,even at this final stage shooting letters to LIC Chairman & meeting top management to include Full DR issue ALONE to pre-8/97 pensioners, alongwith Wage Notification,are they not going to collect shining Rupees of Pension Upgradation,the Heart of the matter & even now proclaiming & blowing Trumpet & merrily pocket without accountability & responsibility& without being the cause of Victory or without being at the Centre of the problem, & more to add insult to injury collect a fabulous amount from pensioners is indeed the Height of Hypocrisy.  Leave it to Rightful Owners of Theme of Pension Upgradation ,AIRIEF , Loss of Pension Chart as early as 1999,2000 ,strengthened with LIC Board Resolution 24/11/2001& LIC Secret Letter dt 31/12/2001 heralding in clear & unambiguous terms, to MOF  "  urgent need to rationalize DR structure available to different groups & also to see that different generations of pensioners are protected by merging pension to a suitable index " thus clearly confirming Board Resolution to capture full & continuous pension upgradation.Even in  a battle, everything should be  fair , judicious & equitable.One cannot eat the cake & have it too.

8)Time is short, the plea is genuine with best intentions,amount to respective RIEAs , AIRIEF only as follows. AIRIEF Treasurer always felt that it is essential, not merely desirable, the amount is routed through respective RIEAs  for both to exercise control. Please send crossed cheque  in favour of RIEA, CHENNAI,& send post to me R.B.Kishore,President, RIEA Chennai,A6,PRATIGNA, 8 (OLD 22),2^nd Street,  B.N.ROAD, TNAGAR,CHENNAI, 600017 .Tel No 044-2815 5810 /098403 40591. OR,Net Banking direct instant transfer to RIEA, CHENNAI,SB A/C BANK OF INDIA,USMAN ROAD,MAHALAKSHMI STREET, TNAGAR, CHENNAI,600017, A/C No . 801910100006379, NEFT/IFSC CODE  : BKID0008019.Please doubly verify the A/C No, 15 digits & IFSC CODE ,1^st 4 alphabets,next 7 numerals ,in all 11. Pensioners are requested to send to respective RIEAS & contact any Office Bearer who will give necessary details.We are conveying to our constituent RIEAs too, to initiate immediate action & contacts to fructify decent responsewithout loss of time

 9)We remind readers that even after this Epic battle is settled in a glorious & befitting manner,there are & will be some important legal cases on notional length of service to be added with 5 years for Full pension by challenging the denial of benefit  of Rule 27,addition to qualifying services, as now they get lesser proportionate pension only, to get Govt rules of 20 years service to qualify for full pension,to us also legitimately, a vital deficiency of a pittance of Family pension to be made 30 % of Basic PAY ,also by scrapping Appendix V again an eyesore like Appendix IV, value-added additions to pension on Govt pattern 20,30,40,50 & 100% at ages 80,85,90, 95 & 100, gold coin issue still open, Diamond Jubilee Year 2016 to dawn ,1^st Date of Birth Pensioners to get  benefit , MCJain case to be taken to its logical acceptance by LIC & payment of arrears to Class I retired between 1/8/92-31/3/93, cases of Voluntary Retirements & Resignations to get justice of pension  et all.

10)All the more, we need replenishments to address later to these heartburning & genuine  issues too & so your legal fund donation immediately by return ,with grace & magnanimity,will be extremely meaningful to us. Further, Family Pensioners will get Regular Pension from effective date to be known thro verdict to date of death of regular pensioner  benefit of difference +FP 1^st on Existing truncated Appendix V Formula & the pittance of FP being received now, when applied to Revised Basic Pay as a consequence of pension upgradation after SC Bench verdict,will look respectable & lo!.when later through efforts & dialogue with LIC Management & MOF/UOI, we secure Same Formula now existing for CGPensioners  & RBI Pensioners, 30% of Basic Pay,FP will be decent & substantial.Let this vital & crucial implication of the impending Judgement be appreciated as wider ramifications exist beneficially for all pensioners & those who preach DR Only will know the one-sided approach as also denying many fruits of benefit for all group of pensioners & so a New Dawn indeed.Should any pensioners  Fedn prevent these from happening are only injuring the pensioners fraternity  & welfare & a great disservice to Elders & Pensioners.

11)Please respond positively & empathetically for a just  & deserving cause, which when the case is over ,as is known from many communications of string of successes so far to end in happy culmination with decent benefits for all pensioners ending the tirade of protracted legal battle raging for 12/13 years

Greetings & warm regards,

R.B.KISHORE

PRESIDENT, RIEA, CHENNAI

VP,AIRIEF ,ED(Retd),LIC  044-2815 5810/ 098403 40591

Pl.VISIT  airiefvision.wordpress.com