CRUCIAL TIPS &CONDENSED FORCEFUL
POINTS,LOGIC &FACTS, LATEST DEVELOPMENTS:A SINCERE PRESENTATION :DDAY 20
JANUARY,2016 SC BENCH HEARING
1)It is well-known that Lots can be done thro jotted, planned ,well-thought out Strategy
& with ONE VOICE SR COUNSELS MUST
DRIVE HOME THESE DATA, TO BE USED & not FRITTERED AWAY
A)i)Just enough reference to LIC
Board Resolution, that much & no more :
MOU dt 14/1/1994 between LIC & Unions clearly reveals ‘’SAME DR FOR PENSIONERS ,AS SAME DA FOR EMPLOYEES’, whereas pre-8/1997 pensioners DR is
halved
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.With New wage Notification, it still widens further
iii) KERALA HC ,Chandrasekar Menon T
Vs UOI & Ors: ‘ the object of compensation
& neutralization is completely defeated by payment of DR after reducing
slab at all stages. DR at decreasing slab
at all stages is UNJUST & UNREASONABLE ‘
iv)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 ?
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.
v)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,
vi) 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.’
vii)) 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 ,& now received,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
B)Submissions
for PENSION UPGRADATION :i)
LIC in its SECRET Letter dt 31/12/2001,secured under RTI ,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 MOF/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.
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)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)THIS IS NOT A REVELATION but
A TRITE FACT.TODAYS
ASSISTANT gets a GRATUITY
of Rs 10 LACS.(Wow, 7th Pay Commission bonanza Rs 20 lacs) .TODAY’S
ASSISTANT gets a
GROSS SALARY—BASIC +DA of
Rs52,327.ASST RETIRED on 30/9/2013
gets PF OF Rs 7.52 LACS of LIC CONTRIBUTION ALONE.TODAYS ASST gets PENSION OF Rs 21,447 .This shall further go up happily after Notification is
implemented soon.
viii)RETIREMENT BENEFITS from ASST to
ED is nowadays colossal.
Pittance of Retirement benefits comprising Commuted value of Pension, Gratuity
& PL Encashment eg. Group II
Pensioners(1/8/92-31/7/97) ranges from Rs3,94,450 for Asst to Rs7,72,985 for ED as against , Rs
13,63,381 for Asst to Rs31,38,057 for ED,for
Group V,(1/8/2007—31/7/2012) indicating such a
colossal difference of Rs9,68,931 to Rs23,65,072 for Asst to ED between Group II & Group V
Pensioners.Where is the question of
investing,for Earlier Groups of Pensioners, when they were leading hand to
mouth existence,& Today Employees can Save & Save & also Invest
& Invest !!
ix))Further,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. What
more graphic picture is required, presented
by these painstaking preparations &
calculations, to impress the Hon SC Bench on
20/1/2016 with true but poignant picture of
grotesque anamolies & handicaps, of the dire
need to redress the mounting loss of pension
consecutively for years & decades since Retirement, ONLY through pension
revision with every wage revision.
x)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,
xi)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 !
Just to cite after New Wage
Notification is implemented,tentatively,
taking Cadre ADM,as at 31/1/2016,the Difference or Loss in Total Pension
including DR for the 5 Groups of pensioners will be ,taking into account
Maximum Scales of Basic Pay,Rs 27,891, 27047, 20882, 14642, Rs7063 &
similarly,for DM in the same manner Loss in Total Pension including DR will
be,Rs31,859,30,985,23,812, 18,250, & Rs7726 respectively.We should not disturb the quick remedy as a permanent solution by way of specific order
on Twin Benefits by
introducing any NEW Element,likely to be taken advantage of by LIC, UOI &
any act causing needless extra delay should be cautiously& sagaciously
,studiously & strategically be avoided at any cost,please.
xii) Sr Counsel must mount 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,Pension as a Property right,
and to end hostile
discrimination in both Differential,Truncated DR & 7/8 steps below cadres
getting more pension than Seniors &
Superiors, thus paving the way for Remedy & Rectification through
Pension Upgradation & with correct
Retrospective Effective dates for DR & Pension upgradation too.
C) Extracts from Hon SJB Bhandari’s Judgement
dt 12/1/2010 to
confirm that TWIN Benefits of Full DR & pension revision with successive
wage revision conspicuously figure so elaborately :
i)“The legal position in that
regard is quite clear. In view of the catena of judgments of the Hon'ble
Apex Court, if there is a change in the
benefit of existing pensioners, change has to be made effective to all without
a cut off date inasmuch as cut off date in such cases are held to be arbitrary.
ii)“ In view of the several judgments of the Hon'ble Apex Court, issue regarding cut off date for providing pensionary
benefits can be summarized in the following manner:-
i)If there are change in benefit of
pension then no cut off date can be provided. The benefit on account of change
in pensionary benefits would have retrospective effect.
(ii) If the pension is introduced for
the first time, a cut off date can be fixed.
“Aforesaid issue has been settled by
the Hon'ble Apex Court in various judgments cited by learned counsel
for petitioners.
iii) In the light of the aforesaid, if the facts of this
case are looked into, then it becomes clear that amongst the pensioners there
exists discrimination more specifically when
the pension has been made admissible to the employees who retired on or after
1.1.1986 ”
iv) While dismissing the
appeal of LIC on 21/1/2011, the HC Division Bench of Jaipur observed as follows: The Board of LIC, who is the appellant
before us against the judgment of the learned Single Judge, had itself taken a
decision to remove the disparities and the discrimination with
regard to the payment of Dearness
Allowance and Pension to the retired employees under its resolution of
the Board dt. 24.11.2001. It 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.”
v)Not too great stress on Hon
Bhandaris ,tho we have to moderately stress only Select pieces out of those 4 pages of SJ Jaipur reasoning,(only his order MAY & NOT MUST,many mistake to be a weak
suggestion ) though HC & SC have
powers to issue Mandamus to State Govt, UOI & others
D) i) 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.
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.
iv)Latest Court cases like Patna
HC scintillating verdict dt 18/5/2015 with copious Quotes from earlier SC judgements ,
v) MASTERLY VERDICT by 5
JUDGE BENCH OF Hon RMLodha compelled UOI to GRANT BENEFITS to GOVT EMPLOYEES from 1/1/2006, NOT 15/9/2012,as was being
demanded by MOF/UOI
vi)SC
1st July 2015 verdict by Hon Dipak Misra & Sapre, earlier
vii)7th
Pay Commission recommendation developments & offshoots
E)Benefit to Petitioners Only or ALL Pensioners :
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
iii)The following observations of Hon’ble SC in a path-breaking judgement is quite apt
“Rajeshwar Singh Vs. Subrata Roy Sahara & Ors.
[Contempt Petition (Civil) No.224 of 2011]
[Civil Appeal No.10660 of 2010]
K.S.
Radhakrishnan, J.
Courts, if they are to
serve the cause of justice, must have the power to
secure obedience to its orders to prevent interference
with the proceedings and to protect the reputation of the legal system, its
components and its personnel,who on its behest carry on a court monitored investigation. The court is
duty bound to protect the dignity and authority of this Court, at any cost, or else, the entire
administration of justice will crumble and law and order would be a casualty.
............................J.
(G.S. Singhvi)
............................J.
(K.S. Radhakrishnan)
New Delhi,
December 9, 2013.”
F) i)So too, less emphasis on Sec 48 tho after outlining the
Comprehensive consultations with ALL UNIONS, then only Pension Rules ,1995 came
into being & within that ambit LIC Chairman is entrusted with powers.
Many examples of Gold Coin,
PLLI, Midday Meals Coupon can be cited
SC Bench
can issue Mandamus to LIC & UOI to implement with clearcut Orders &
Directions.
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.
iii) 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.
Govt also gave assurance that National Litigation Policy will be implemented in letter
& spirit
G)i)OUTLAY also
if reference comes, ALWAYS
mention only PER ANNUM Rs 160cr & not Gross Outlay,
ii)LIC wonderful ,superlative performance,
a Jewel in the Crown,Rock of Gibralter, Economic TajMahal,
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,
iii) 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
iv)For FY 2014—15, LIC TPI (Total Premium Income )stood atRs 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
v)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. For FY 2014-15, LIC handed over a handsome
cheque to Govt, a solid sum of Rs1804 crores
vi) Sri Arun Jaitley, 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.
----------------
vii) 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.Pre-8/1997 cannot be 20,000 or more,
as in that case,from 1997 –2015,nearly36,000 pensioners would have been
added,making it 56,000 , which is not the case,as even now
the data stands at less than 50,000 Total pensioners ,including post 8/2007
pensioners
viii)
TOTAL PENSION PAYMENTS RIGHT from 1995-96
to 31/3/2011 for 16 long years comes
to Rs 3707.84 Cr only .
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.
ix)Looked at from another angle
of Pension Bill to
Premium Income, a Good Dependable Index or Pointer, how favourable LIC Pension payments to
TPI-Total Premium Income , it was 0.37 % in 2012-13 &0.33 % in 2013-14. If we work out in relation to Total Income including
Investment Income which TI itself rose
by 18 % in 2013-14,the ratio will be MINISCULE ;it is a mere 0.21 % conveying strong POINTERS to the SC Bench to be convinced to grant & allow Pension
Upgradation & therefore, TWIN BENEFITS which we know we are cocksure we have
to SECURE with unassailable points umpteen in our favour ,with a series of brilliant
successes in 3 Courts & clarifications & protection by eminent SC
Bench, indeed NO STAY order, a crucial one in pensioners favour, but that OPPORTUNE TIME or MOMENT has arrived
on Wednesday 20 JANUARY, 2016. The dice is in our favour ,undisturbed & clear-cut,whether
it is 1 sitting or 2.
x)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%.
I 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.
xi)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. Moreso,
Pensioners deserve such kindness & empathy more abundantly.
xii)CG Pension Expenditure for 2015-16 is
estimated to be a whopping Rs88,521cr.
For CG Employees, Salary bill alone is Rs1,00,619 cr , we know it
is a skyhigh number, yet.
The
rising Pension bill of CGovt will hit Rs1.12 lakh crores in 2017-18 almost
touching CG Salary bill of 2016-17
of Rs1.16 lakh crores with 7th Pay
Commission impact.
If 10% DR RISE for GOVT EMPLOYEES cost Rs 10.869 cr , IMAGINE the COST
OF PENSION UPGRADATION for them.
xiii)There are HC & SC judgements
emphasizing that ‘
this dichotomy or discrimination neither appeals to reason, nor can the State be permitted to take shelter of financial constraint etc ' . Even if SC normally does not attach
much store & importance to Capacity to pay, as SC has said in many verdicts & even admonished Govt & Instns pretending to protect themselves under the
garb of no adequate resource or financial position ,not able to pay
xiv)Sri
Arun Jaitley 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.
xv))All these pucca data,so
clear drive home that our demands are modest,genuine & legitimate &
will enable SC Bench
to size up & dismiss LIC contention of a burden,
H) i)GOVT REGULAR PENSION
is far far HIGHER
for COMPARATIVE CADRES, Many
are not aware that 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.
The maximum
service length for full pension would now be 20 years.
iii)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.
iv)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.7th
PC pension definition, stage to stage & fitment formula with weightage for
increments shall bestow sizeable Pension
increase for them.
v) 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.
I)
At any rate, NO
PROSPECTIVE DATE please ;VITAL ISSUE,MUST BE EMPHATIC
EFFECTIVE DATE must
be CLEARLY GIVEN in VERDICT.
For DR to pre8/1997 pensioners, wef 1/11/1993 or Date of Retirement,
whichever is later,
SO TOO for PENSION
UPGRADATIOIN CORRECT EFFECTIVE DATE.
The 7th PC
DEFINITION ON IDENTICAL LINES with OROP & OTHER VERDICTS OF Hon DIPAK MISRA HIMSELF dt 1/7/2015 MENTIONS ABOUT
ANAMOLIES, LOWER GRADES MANY STEPS BELOW getting MORE PENSION & SO THAT should be REMEDIED
by STEPPING UP PENSION OF THOSE ADVERSELY AFFECTED
BY THESE GAPING ANAMOLIES.
ii)CAPSTONE IS from 7th PC as MORE CLARITY ON
DEFINITION & FITMENT IN NEW SCALES
EXACTLY WHERE OLDER PENSIONER WAS & 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
LOOKS TO BE
LOGICAL,COHERENT .This 3 % looks like our so-called 11.25% Fitment weightage !! for another RISE in Pension after PROPER FITMENT.
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
J) EMOTIONAL APPEAL,as in Hon Dipak Misras Tamil Nadu Jallikattu ban needed .Many aged 70/75/80/85 years, PLUS
15,500 have DIED making FAMILY PENSIONERS rise 18% to 37 % of Regular Pensioners ! Who will wipe the tears of the widow ? Delay,
dither, Adjournments galore,slow pace of Sittings,long rope to LIC, UOI
.In fact, penalty by way of interest for delay,as ordered in Chandigarh HC order
must be insisted upon.
K ) Sad & Sickening
STORY of Pensioners harassment, cost unbearable, SC Bench:U be the Judge !
It is
disturbing that Pensioners should be treated so bad & from 6676/ 1998writ
on DR to 24/11/
2001 LIC Board Resolution to 654/2007writ on Pension
Upgradation to 12/1/2010 Hon SJ Jaipur
judgement admitting Both Writs to dismissal
of LIC Appeal493 & 494/2010 by DB Jaipur HC on 21/1/2011 to
dismissal of LIC Review Petition 86 & 87/2011 by DB Jaipur HC on 19/8/2011 to
SC Bench clarificatory Order 17/10/2012,amending their vague Order dt
14/11.2011 ,to Punjab & Haryana HC Order 9/11/2012 adding 12 % interest
for delay, to Delhi HC Order 30/1/2013 affirming Jaipur
verdict & adding “in rem’ to all Pensioners,
to
LIC SLPs 29956 & 29957 dismissed on
8/8/2013 to 30/9/2013
when SC Bench issued NO STAY Order on Hon SJ verdict
12/1/2010 & allied matters ,condonation of LIC
inordinate delay of 6 months 14 days by SC Bench resulting in new
Avatar of CAs 8959—8962/2013 to 25/3/2015 ,SC Bench
hearing of CAs to 8/4/2015, to Interim Order dt 7/5/2015 giving 6 weeks time to pay
20% of impugned HC judgement, delay by
LIC, to
CGH CCP on 20 July & again to 27th
July 2015,Hon HC ordering hearing on 7th Oct 2015,as admittedly the
case is linked with SC hearing on 23 Sep,2015, to
IA
in respect of Punjab & Haryana HC in SC ,hearing on 7th Sep,2015
SC Bench ordering LIC to pay to CGH Petitioners interim 20% within a fortnight
failing which LIC authority faces contempt before SC & after dingdong
finally CGH has given date 27 Jan 2016 for CCP
L)STEADILY, as NPS picks up,PENSION UPGRADATION EFFECT WANES AWAY :
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.”
M)UOI ROLE to be CRITICISED POIGNANTLY :It is paradoxical & even anachronism
to say, on the one hand ,Govt from rooftops praise Elders & Sr
Citizens for their signal service & contribution to institutions &
society, lays down many norms with All India Sr Citizens Confederation , but when the
question of satisfying & redressing the problems of Pensioners ,which are
genuine, modest & legitimate,ignore them with a cavalier attitude & above all, driving them to legal
recourse & remedies consuming enormous time, labour, energy
& finances,without even an iota of empathy for them & the 1000s who
have died in the interrugnum.
N) SC ROLE :Hon Courts must come to the rescue of pensioners who after being
driven pillar to post ,with untold expenditure, unwarranted treatment. agony,
anxiety & frustration writ large on their faces resort to litigation
not by choice, but by compulsion as all other
avenue approaches failed, here too delays, unwanted adjournments for
long solicited by instns have adverse impact on delivery of justice . SC Bench must honour the
dignity & prestige of Elders with a Specific Order in an unqualified manner
with no qualifying clause to enable pensioners to experience justice,equity
& timeliness.
We know with how
much impunity Govt functions & even delays & delays till Strictures are
passed again by SC .
O) REAL PURPOSE &
MEANING OF OUR KURUKSHETRA LEGAL BATTLE must be FULFILLED :
i)After such a
relentless& stupendous effort &
successive victory at all stages,waiting for eternity 14 years & more, 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)OBJECTIVE & GOAL must be a DECISIVE WIN with SPECIFIC
EFFECTIVE DATES & ORDER SPECIFYING DEADLINE OF SAY 8/10 WEEKS & NOT TO
TAKE LIC or MOF easy,to ENSURE ACTION TAKEN REPORT EVERY 2 WEEKS or so.This DDay 20/1/2016 is a DO or DIE situation,a NOW or NEVER situation, ASSERTIVE,FORCEFUL pleas,REPARTEES
Convincing, LEGAL ACUMEN & JUDICIAL WISDOM
can easily DISLODGE the Opponent, Powerful,Mighty LIC, UOI ,ASSORTED
FACTS & FIGURES all in Pensioners
favour abounding aplenty, MOMENT of TRUTH, Entire Pensioners Fraternity waiting with bated breath. Let Sr Counsel ensure
CRYSTAL CLARITY in SC Bench Judgement,with NO ELUSIVENESS or VAGUENESS, a
benumbed Pensioner community shall be hardhit then,God forbid .
P) The self-imposed assignment, in spite of
uncertain,not so good health, warned by Cardio to close my shop at 11pm sharp
& an alert & warning by Retd MD,Sri
GChidambar that 1 am , 2 am working non-stop , is absolutely risky ,coming
true, yesterday 130am,today additions/deletions/finishing touches
,for Grouping under Various Headings for Sri
Asthana,Sr Counsel & Others, has
also to be done on time for activists,other pensioners to go through ,digest & atleast have some
solace & comfort. Rest ,we leave
it to the laps of God
Q)LET IT BE A GREAT & GRAND
FINALE TO BE WITNESSED ON 20 JANUARY, 2016
Like Sankranthi, let there be a
POSITIVE
TRANSITION to ALL PENSIONERS.
Like MAKARA, let there be a BOUNTIFUL
HARVEST of TWIN BENEFITS
Like the DAWN of New Month
Thai,let all MISERIES be MITIGATED
Above all, SALUTATIONS
to the ALMIGHTY
,with FULL FERVENT FAITH & PRAYERS
FOR
AN UNIQUE CONSUMMATION HAPPILY IN
FAVOUR OF INSCE PENSIONERS after
THE LONG ORDEAL, WE ALL COURAGEOUSLY BORE ,WITH
PATIENCE & FORTITUDE
GREETINGS, GOODLUCK &
GODSPEED,
R.B.KISHORE
VP,AIRIEF
