I) SECURE comfortably FULL 100% DR to Pre-8/1997 Pensioners 6676/1998,Jaipur
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We have to pool all arguments ,from many angles,especially thinking of likely obstacles which UOI or LIC counsel may shoot
1) A)MOU dt 14/1/1994 between LIC & Unions clearly & explicitly says ''SAME DR FOR PENSIONERS ,AS SAME DA FOR EMPLOYEES', whereas pre-8/1997 pensioners DR is halved
i)However Pension Rules 1995 when gazetted, it included Appendix IV which provided for reduction of slab of D.R. to half that of D.A. slabs—and as a result in one stroke, D.R. got reduced to half thus resulting in a reduced and truncated DR right from the inception of the pension scheme. SUPREME COURT should be impressed upon to strike Appendix IV as arbitrary, discriminatory ab initio and direct LIC to pay the appropriate Full & 100% D.R to the pensioners right from the date of retirement with interest at 12% for the delay.
ii)Look at DR per slab difference Rs0.93 to 11.50 for pre-8/97 now after 8/2007 wage revision rising to a whopping Rs 6.37 to Rs 29.25 from Asst to ED cadre .Now 5 Groups of pensioners corresponding to Wage Charter period ,till 1/8/2007,DR payment discriminatory to EACH GROUP is a flagrant violation of Agreed Conclusions
iii)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 ?
iv)Real,cumulative loss of DR for pre-8/97 pensioners is immense & for ALL groups of pensioners, considerable loss of pension all thro these long years, in spite of LIC Board Resolution dt 24 /11/2001, in spite of stirring Hon SJ Judgement JAIPUR, Bhandari, upheld by DB etc etc ,stoic silence, bureaucracy immune to resolve issues, genuine, modest, legitimate demands of pensioners.
v)LIC BOARD Resolution dt 24/11/2001 .the foundation & pillar for Pension upgradation with FULL DR, same as that for Employees
B)i)Reverting to LIC Board Resolution dt 24/11/2001,where some doubts have been expressed on 1 or 2 points, let us have a clear look without any blinkers.
The Minutes of the 492nd Meeting of LIC of India held on 24/11/2001 at 11.30am, at Hotel Le Meridian ,New Delhi ,states in Heading "Amendment to LIC of India (Employees)Pension Rules 1995---"UPGRADING of Basic Pension to AICIPI 1740 Points and 100% DA neutralization thereon in respect of Retirees prior to 01/08/1997."
"examining the proposals as per Board Note in line with the demands made by the Federation viz. giving effect to the proposals from 01.11.1993 and upgradation by giving weightage of 11.25% as in the case of inservice employees,
ii) When we juxtapose this with the Office Note dt 18/09/2001 & Notings there on dt 19/9/2001,supplementary notings dt 11/10/2001,byAS/ER,ChiefP,EDP,MD, & Chairman,dt13/10/2001 approving the Board Note , the 2 demands taken up for consideration ,i)Allowing one more option to be governed by the Pension Rules ii)Upgrading of basic pension to AICPI 1740 & 100% DA neutralization thereon.
It was decided, 'as the cost of allowing one more option appear to be prohibitive at this juncture, as it may not be possible to withstand the additional burden of an amount of Rs500cr ',to wait for next valuation.
iii) As the cost implication is not much, it is suggested that we may accede to this demand & upgrade the pension payable in relation to AICPI 600 points & 1148 points respectively by merging the Dearness Relief payable upto the level of 1740 points. On the pension so upgraded, Dearness Relief of 0.23% shall be paid over every 4 points rise or fall from 1740 points.' On this Note, MD noted 'We may seek the approval of the Board to bring the basic pension to AICPI 1740 level & thereafter pay 100 % DA neutralization.The cost implication is not much.We may give effect to this from the date of notification' .
Finally, Chairman approved the Board note on 13/10/2001.
iv)Reference is to 100% DR only etc,some say. On the other hand, the Note is out & out for pension UPGRADATION, read the word, UPLIFTING the pension ,it means as is stated ,by merging DR payable at 600,1148 upto the level of 1740 points. PLUS AS(ER) to all levels of authority mention, ' as the cost implication is not much '.
v) During current concluded wage talks,which final scales,allowances & other benefits etc of Charter to Employees in proper form has gone from LIC for Notification ,LIC Management has conceded that they are prepared to consider 2nd Pension Option for leftout employees. Suffice it to say , while preparing the Note to Board,it was mentioned that at any rate, 2nd Pension Option is too costly & prohibitive,then costing Rs500cr & so cannot be considered but for Pension Upgradation,"cost implication is not much" & so ,thereafter only LIC Board Resolution dt 24/11/2001 came into being
II) SECURE, in continuation the Benefit of Pension Upgradation in writ 654/2007,Jaipur
A)i)LIC in its letter dt 31/12/2001 to then JS,MOF/UOI, 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 MOE/UOI on 12/8/2003 ,so successive pension revisions at CPIndex 600,1148, 1740, 2328,2994
ii)This clinches the issue of successive pension revisions with every wage revision.It has a vital bearing on continued pension upgradation. It stretches & goes beyond Board Resolution to capture full & continuous pension revision at CPI 600,1148,1740,2328,2994. It exposes LIC doublespeak about pension upgradation ,saying Board Resolution refers to Full DR only,whereas in this letter to Joint Secretary (Insurance & Banking ),is just 37 days after Board Resolution, goes beyond Board Resolution to capture full & continuous pension upgradation. This should serve as a CLINCHER by our SR COUNSEL during submissions on 26 November, 2015 or any DDay fixed by SC Bench.
iii)Nakara SC 5-JudgeConstitution 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)PRINCIPLE OF PENSION REVISION WITH EVERY WAGE REVISION 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)Pensioners get such secondary treatment when we find, we got perhaps a Sweepers or Peons or RCs or Asst's Commuted value. Even Commuted pension after 8/2002 is higher than Basic Pension of pre-8/97 pensioners
Look at the fabulous CV,Bottom to Top,Sweeper to ED. How much damage to all earlier Pensioners' Groups as we go along.
vii) It must be pointed out that substantial Retirement Benefits present day pensioners get such as Gratuity Rs 10 lacs, Encashment of PL,CV OF PENSION, GSLI, Decent PF accumulations etc,(7th Pay Commission Gratuity Rs20 lacs !!) whereas,
---many daily disabilities & expenses on all items,high inflation, &
--- especially medical Domiciliary outlay,including Consultation,Special Reports, medicines etc pretty high for Pensioners,
viii) Basic Pension & DR at Asst level for Group II pensioners is Rs 15,088pm & ranges to Rs 24,282 pm for ED, & Rs 20,882 pm for Asst to Rs59,371 for ED,for Group V, indicating yet again, the magnitude of difference/deficit of Rs 5794pm for Asst to Rs35,089pm for ED. WHITHER EQUITY & JUSTICE, SC BENCH MUST ENSURE THE CITADELS OF JUSTICE,so SACRED & SACROSANCT , should not be allowed to fall
ix)Basic criteria is grant of similar pension for all those with same length of service for the same cadre & that is violated. It is an anachronism that LIC pensioners still continue in pre-1995 IV Pay Commission mode with Basic Pension Same,unchanged for 22 years from 1/11/1993 !
x)Summon such powerful & assertive arguments & innumerable case laws & quoting right & left the accepted principle of Equality, the enshrined Fundamental Rights in ARTICLES 14,16 & 21 of CONSTITUTION, DISCRIMINATION HON SJ JAIPUR HC JUDGEMENT WHICH is WHAT IT OUGHT TO HAVE BEEN & RIGHTLY the LEARNED Judge had extended the GOLDEN PRINCIPLES & LOGIC of LIC BOARD RESOLUTION dt 24/11/2001 to its logical conclusion for SUBSEQUENT GROUPS OF PENSIONERS hinged to RESPECTIVE CPINDEX.
B)i) MONSTROUS ANAMOLIES can be reduced or redressed by PENSION UPGRADATION ONLY. They deserve a permanent REMEDY ,which alone can alleviate their sufferings & enable them to be part & parcel of a society to which they have richly contributed their sweat & blood for long 35/40 years.
ii) Rules which provide for differential treatment amongst the same class of employees are violative of Articles 14,16,21 of the Constitution &are not enforceable.While in the instant case,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
iii)Simply put,there cannot be a 1st class treatment for some & a 3rd class treatment for others similarly circumstanced .Factors affecting daily life & living are the same & so solutions also should be in similar directions.In fact, it applies with greater force for insurance pensioners as insurance RP is far less than Govt RP & ,in fact,Govt FP is higher than insurance RP itself . We cry for the poor state of FP in insurance industry, LIC Basic FP ranges ,after death of RP is, for Asst to ED pre-8/1992, pre 8/1997, pre8/2002, pre8/2007, to a woeful ,pittance of Rs572—1050,1100—2100,1349—3450 & 2048 ---5260 plus DR
iv) where assertive onslaught with full conviction , must neutralize any risk or threat posed by their Counsels & also, by ably portraying Fundamental Rights violation ,Human rights violation too as Elders & Sr Citizens, and to end hostile discrimination in both Differential,Truncated DR & 7/8 steps below cadres getting more sumptuous pension than Seniors & Superiors, thus paving the way for Remedy & Rectification through Pension Upgradation & with correct Retrospective Effective dates for DR & Pension upgradation too.
III) A)i)Hon Justice Bhandari's judgement dt 12/1/2010 was allowing both the writs 6696/1998 pertaining to Full DR & 654/2007 exclusively on pension upgradation.
'On the basis of date of retirement, there cannot be any discrimination between the Pensioners interse.' Hon Judge's observations in his order mentioned.LIC Appeal was dismissed on 21/1/2011 by Hon DB.
ii) Then again LIC went in for Writ Review 86 & 87/2011 which was also dismissed on 19/8/2011 by DB JAIPUR HC . Jaipur DB observed, "LIC could not and should not have filed the present appeal against the judgment of the learned Single Judge as the learned Single Judge has provided an umbrella to the appellant for the implementation of the decision of the Board dt. 24.11.2001 on the categorical statement made by the learned counsel appearing on behalf of the Union of India and not assailed in appeal by the Union of India."
iii)In fact,as at the time of LIC Board Resolution, subsequent Wage Charter has not taken place,Hon SJ judiciously utilised LIC Board Resolution as a plank & foundation for further pension revisions as & when wage revision takes place to avoid discrimination & terrific anamolies continuously arising & being perpetrated without solution.
iv)Then FM Sri Pranab Mukerjee during his talks with Insurance & Inservice & Pensioners Fedns observed on 5 Nov 2011: as LIC is 100% owned by Govt. of India, all benefit available to Govt. employees on pension front be extended to LIC pensioners too.
v)SC Bench on 17/10/2012 issued a clarificatory order re. the amount due to the pensioners ie writ petitioners wef the date of their eligibility to get retiral benefits. Difference in Pension & DR is what is referred to & that from the date of retirement.
vi)The Punjab & Haryana High Court,Chandigarh decided the writ Petition vide its judgment dated 9th November, 2012 wholly in terms of the judgment passed in the cases of Krishna Murari Lal Asthana by Rajasthan High Court and has granted interest on arrears also.
vii)The Hon'ble Delhi High Court has made the judgment dt 30 January,2013 ,also based on Jaipur HC verdict, to be applicable "in rem" &therefore, all the retired employees of LIC wherever they may be stationed are entitled to get the benefit of the aforesaid judgment
viii)SC Bench dismissed LIC SLPs 29956 & 29957/2011 on 8th August,2013
ii)The Proceedings dt 30 Sep,2013 SC Bench observed:
''There shall be no stay of the directions given by the learned Single Judge vide Order dated 12.01.2010 passed in S.B.C.W.P. No 6676 of 1998 and connected matter''
Connected matter refers to 654/2007 on pension upgradation & Chandigarh HC & Delhi HC judgements as above
ix)After protracted delays & adjournments, thanx to SC Bench using discretionary power,SLPs were converted to CAs & final hearing was slated on 13 March 2015.
B)i) To resolve the anomaly amongst the different groups of pensioners, Justice Bhandari has further issued direction to LIC that the benefit arising out of the directions above would, however, be considered by the respondent Corporation so that every retired employee may get the same benefit.
The judgment dated 12.01.2010 is based on Article 14 & 16 of the Constitution as well the tenets of D S Nakara Case.
ii)Such anomalies were there in Central Civil Services (Pension) Rules also. Those were resolved through OM without challenging or modifying the Central Civil Service (Pension) Rules. On the same lines our grievances can also be resolved without challenging / modifying the pension rules. LIC is doing so in case of the retirees who retire after the date from which a wage revision is effective but not covered by the wage revision notification.
iii)Our purpose will be wellserved ,if while opposing the respective CA, Sr Counsel takes absolute care & abundant precaution to protect the benefits secured so far through various Courts ,based on principal Jaipur HC Verdict,& make that Final & Binding by getting LIC CAs rejected.
C)i)Latest Court cases like Patna HC scintillating verdict dt 18/5/2015 with copious Quotes from earlier SC judgements ,
ii)SC 1st July 2015 verdict by Hon Dipak Misra & Sapre, earlier
iii)5-Judge SC Former Chief Justice RMLodha presided , ordering Pre-2006 govt retirees to get pension revision benefits wef 1/1/2006 & not 14/9/2012 as UOI was going on uttering & now a reality ,with Govt having issued clearcut orders recently.
iv)OROP atlast dawned & becomes a reality for armed forces
v)7th PAY COMMISSION recommendations to Govt on Pension appears to be salutary.Even if a compendium of Court cases for & against pension revision are inserted, we are aware that even much earlier, schools of thought echoed some points militating against pension revision.But after such discourses also, all SC Judgements reject any deviations from main stand of recompensing for past services rendered,Pension not a bounty or alms to a beggar but deservedly must be granted & periodically modified, revised in almost similar manner as is being done for employees. We ourselves have seen even very recent positive & favourable judgements for pension upgradation. In this context,7th PC quoting examples of refixation of pension from earlier 6th PC not only takes care of stage to stage fixing, multiplication factor 2.57 like Fitment weightage we are talking about & adds 3% for EACH increment drawn in that cadre at the time of Retirement, benefit can easily be discerned. Hats off to 7th PC for Methodolgies 1 & 2 & whichever shows higher can be granted. Great.
vi)A progressive organization must aim for equity & harmony & to establish & preserve integrity of relativity in pay & pension, which is vital. EQUALITY of interests & no discrimination should be the ethical ground & principle
vii)" Pension is neither a bounty nor a matter of grace depending on the sweet will of the employer. It is not an ex-gratia payment, but is a deferred wage for past services rendered by him…….Pension is their statutory, inalienable and legally enforceable right. It has been earned by the sweat of their brow. As such it should be fixed, revised, modified in ways, not entirely dissimilar to the salaries granted to serving employees
D)i) Pension Rules, 1995 :- There are clear provisions in the Pension Rules for revision and up- gradation,
ii) True transparent Corporate governance to prevail.LIC Board Members must be the harbingers of neutral, unbiased decision. MOF Circular dt 5 January 2015 gives full freedom to PSBs/Financial instns/Insce companies on commercial decisions & personnel matters & assures non-interference in clear terms.
LIC Board Resolution of 24/11/2001, borne out of Board Member ,Dr Ram Khanna's salutary intervention.
iii)When all goes well in view of earlier happenings & series of victories, after hearing submissions of both parties so far, LIC has to make compliance by revising the pensions from the date of retirement and make payment of the revised pensions with arrears along with interest as has been awarded by Punjab and Haryana High Court and to all the Pensioners as has been directed by Delhi High Court.
IV)i)National Litigation Policy—Sr Citizens, pension, retirement cases . When it is written in National Litigation Policy, which is now 4 years old, "that litigation will not be resorted to for the sake of litigating,. that false pleas and technical points will not be taken and shall be discouraged, that Government must cease to be a compulsive litigant, that the philosophy that matters should be left to the Courts for ultimate decision has to be discarded, that the easy approach, "Let the court decide," must be eschewed and condemned"
ii)Recently,Govt ,after due consideration at various levels & also at the highest ,decided that where in Courts,core point or principle in dispute is decided by HC/SC ,when 2 levels of Judicial intervention has already taken place no further Appeal should be done so that fruits of justice reach the litigant without much delay.
V) Can LIC afford : Question of Outlay: Arguments plenty, affordable
A)i)Even if outlay did not figure in LIC submissions, from any angle of :Surplus, Taxes to Govt, 5 year plan contribution,assets, Life Fund, Total Income ,staggering, Economic Tajmahal indeed.Actually , employees/pensioners must be more than rewarded,even without asking. Govt RP is far higher than LIC RP & Govt FP itself is higher than LIC RP.
VI PC also added value to pension by significant % at age 80.85,90, 95 & 100 years,not for LIC pensioners.
ii)Outlay is not even the tail of wage agreement PLLI or tail of Meal coupon wef 1/9/2010 for employees, or tail of allowances other than usual DA,HRA, CCA. Discretion used for toning down PLLI approved formula diluted for employees& Board sanction obtained. BUT pensioners deserve such kindness & empathy more abundantly.
iii)For FY 2014—15, LIC TPI stood at 2,39,483 cr ,Total Income Rs4,07,546 cr
Total Expenses of Management,2013-14, Rs34,447 cr,showing a rise of 9.4%
LIC paid advance IT of Rs5119 cr as against Rs4324cr for FY 2012-13
Service tax paid is Rs4022.4 cr ,provisional ,as against Rs3682.6 cr for FY2012-13
iv)IT Appellate Tribunal,Mumbai gave the judgement in favour of LIC for AY2007-08, 2008—09, & 2009-10,LIC received refund of Rs 4190.2 cr for AY 2007-08,& 2009-10 on 31/12/2013 .Refund for AY 2008-09 of Rs 9000cr app is expected .
v) Staggering Assets of Rs17,69,192cr & Total Life Fund Rs 16,07,025cr as at 31/3/2014. For 2014-15,Total Assets Rs20,31,116cr .Total Life Fund Rs 18,24,195 cr LIC Total Investments in FY2014 –15 was Rs12,86,770 cr. LIC Investments in Social Sector stood at Rs2,26,806 cr in 2014—15
, Total policy payments Rs 1,46,026 cr in 2014-15, which outwits Premium Income of ALL private insurance companies put together
Peoples Money for peoples Welfare, befitting LIC Motto, tremendous fillip to Govt 5-Year Plans. LIC solvency & stability is unquestionable
vi)SURPLUS Last 16 yrs alone,LIC paid to Govt crossed Rs 10,000 cr ,a Kamadhenu indeed, & all on a mere Rs5cr given by Govt on 1/9/1956.
B)i) TOTAL OPERATING EXPENSES & EMPLOYEES REMUNERATION & WELFARE EXPENSES :
TOTAL OPERATING EXPENSES-- --31/3/2011: Rs16,980cr: Rs497Cr PENSION Payments 2.93% only. Ratio to ONLY total operating expenses also low at 4.12%only
ii)How modest & realistic pensioners sincere demand for pension revision with wage revision & Full DR to pre-8/1997 pensioners becomes crystal clear
C) i)Total number of pensioners stood at 38,200 in 2006-07,38434 in 2007-08 & 43,043 in 2010-11, & 49,058 in 2013-14.It is less than 2000 pensioners only per Year added All India, app 250 per Zone.
ii)TOTAL PENSION PAYMENTS RIGHT from 1995-96 to 31/3/2011 for 16 long years comes to Rs 3707.84 Cr only .WE can also be HAPPY that PENSION PAYMENTS for ALL 45,476 PENSIONERS for 1 YEAR period ending 31/3/2012 is only Rs585.41Cr ie Rs10,728PM on an AVERAGE, very small AMOUNT .This rose to Rs793 cr for 2013-14 ,but for 49,058 pensioners, ie Rs13,470pm ONLY.
iii)Salary & other benefits to Employees in LIC stood at Rs 11,895cr for 2012-13 & Rs14,705 cr for 2013-14. Pension payments for 2012-13 is a mere 6.6% of Salary expenses & for 2013-14,it was even lower at 5.4%.
iv) just added this enhanced outlay Rs160 cr to Rs793 cr pension payments for 2013-14,yet for 49,058 pensioners ,it works out to Rs1,92,221 pa or Rs 16,018 pm.
D)i)GOVT REGULAR PENSION is far far HIGHER for COMPARATIVE CADRES. Even Govt Family Pension is higher than LIC Regular pension.
ii)For CG, the linkage of full pension with 33 years of service has been scrapped.
iii)The maximum service length for full pension would now be 20 years.
iv)The new rules also add more flexibility in retirement benefits. For instance, those who are due to retire can now get 40% of their pension commuted and get a lump sum amount in turn.
v)Maximum Pension for CG is a whopping Rs52,200 plus DR as against V PC maximum Rs33,075. FP as 30% of Basic Pay will shoot up to Rs21,000 plus DR.
vi) Fine 6th PC PRAGMATIC Empathetic formula of value-added pension, so well appreciated by all pensioners of Govt , the graded rise in pension at AGES 80.85,90,95,100 , by 20% ,30,40,50,& 100%,which we don't enjoy.
VI) i)Sri Arun Jaitley,present FM ,when he visited "Yogakshema" on 9th January, 2015, observed, 'the Country depends on LIC to a great extent. LIC is a Role Model of how a state sector instrument can,while maintaining arm's length distance,take prudent commercial decisions and LIC has done exceedingly well.The Market is going to be more competitive and the 'Best of LIC' is yet to come .'
Grace & magnanimity is required to honour fully in letter & spirit, the Court judgements, one by one, all in Pensioners favour.
ii) Pensioners for long yrs 35 & more years have done yeoman service , built Foundation, erected fine Superstructure, ably galvanised with Reorganisation in the 80s ,made the INSTN bear intense COMPETITION with CONFIDENCE & COURAGE,such a Paltry pension, not befitting on the institution for no fault of pensioners.
VII) i)EVEN with all these facts, figures , reason & logic, it is disturbing that Pensioners should be treated so bad .More than 15,000 pensioners have died & are dying. Family Pensioners jumped to 38 % from 18 % of Regular pensioners. NOONE to wipe the tears of the widow .
ii)Several disadvantages & disabilities of Pensioners can be compensated & addressed ONLY by High Courts & Supreme Court.Court victories have been galore, paltry pension we send donations ,as Legal costs are prohibitive.
iii) FMs utterances in 46TH Indian Labour Conference ,succinct & meaningful,where he said ,those institutions which are profitable & doing well can afford to pay higher rewards to labour & if processes make Govt richer, Govt too can afford to help labour as much as Govt wants to do as also social security--true to his word, employees & pensioners of LIC, therefore,richly deserve fair,liberal construction of benefits ,more so for Retirees,Elders & Sr Citizens.
VIII) i)There appears to be an unnecessary apprehension & doubt whether the FINAL VERDICT will cover only Petitioners & not embrace ALL Pensioners. SC always upholds concept of universal application , whenever the grievance or anamoly is extensive & adversely affects the Whole Group in similar situation.The APEX Court has extended application of the judgement to ALL SIMILARLY PLACED Pensioners.That was explicitly made clear in Gratuity case of 2008 & Delhi HC Judgement applying Jaipur judgement ' in rem ' .
ii)SC Judgement under Case No Appeal( Civil)No1289/2007 (Para 25) which read "the revision of scales of pay as also other allowances is technical in nature. When a benefit is extended to group of employees the effect of such benefit ,if otherwise comes within the purview thereof, must be held to be applicable to other groups of employees " & the Jaipur HC judgement was in tune with this Apex Court verdict
IX) i)What we are pleading to Hon SC Bench is to effectuate meaningful implementation of the judgements & also, in that direction, to issue orders to UOI & LIC to operationalise & implement both Full 100% DR to Pre-8/97 Pensioners & pension revision with successive wage revisions for all groups of pensioners to enable all to come under one homogeneous group of pensioners, without pre &post labels & to establish equity & equality .
ii)The propitious & striking Moment of Truth has arrived .There is tremendous responsibility on the part of Sr Counsel to play his befitting ROLE at his best, marshall all his honed talents & skills & above all,make bold & assertive submissions with the flair for repartees & solid case laws,plethora of arresting DATA & any number of case laws on Constitutional matters like Fundamental Rights enshrined,removing treatment which is not only arbitrary but also discriminatory.
X)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
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 36% to RP & in some Zones ,even 38/40%
vi)so parity also tapers off,
vii)NPS wef 1/5/2010 hence all new recruits of the last 5 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.
viii)Hence after 2-3 decades, there will be huge balance in the Pension Fund, but the number of pensioners availing pension from this fund will be diminishing sharply and finally will become zero.
ix) Consequently, the remaining balance of this fund will be finally transferred to LIC's capital."
XI) SC Bench must honour the dignity & prestige of Elders & Pensioners with a Specific Order in an unqualified manner with no vague or qualifying clause to enable pensioners to experience justice,equity & timeliness. SC Bench must fix deadline of 8/10 weeks to settle in full, must place an order for An ACTION TAKEN REPORT every 4 weeks to complete fulfillment of entire SC Bench order in toto.
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
R.B.KISHORE, VP, AIRIEF: 22/11/2015
