SUPPLEMENTARY CRITICAL POINTS for 10 MARCH 2016 SC BENCH FINALS ---2

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Dear All,  

                1)DDay is approaching .All eyes will be on 10 March, 2016.SC LIVE DISPLAY BOARD will be active & agog with pensioners & others watching avidly our CAs being taken up .

 We must be ready with solid arguments,taking into account LIKELY SUBMISSIONS & other OVERRIDING ISSUES which Solicitor General & LIC Sr Counsel are likely to put forth with force, assertiveness& even boisterousness. Sri KMLA , AIRIEF & Sr Counsel  must have Folders for IMPORTANT, CRITICAL ,so-called likely  CONTROVERSIAL QUERIES  listed & ARGUMENTS,  CASE LAWS, DATA, ANY STATISTICS must be MARSHALLED comfortably & convincingly & DILIGENTLY presented  to HON SC BENCH  with  tremendous   CONVICTION  & FORCE & TENOR of LANGUAGE.We have to treat this as a Finale.So ALL arguments in favour of FULL DR 100% to pre-8/1997 pensioners to avoid discrimination & differentiation with post-8/97 pensioners & Employees enjoying 100% DR & DA & to remedy & alleviate monstrous,grotesque anamolies in Pension with 7/8 steps below Cadres getting more Pension,characterized by Hon Dipak Misra & Hon Sapre on 1/7/2015 SC judgement as HOSTILE discrimination, full-scale ammunition is needed to defend ourselves fully with all protection,as it were. Further, there are doubts entertained on Board Resolution still.DR calculations ,Pension Rules no provision for pension revision etc,which are incorrect.

 

2)Exhaustive updation on Every Issue likely to crop up,& Supplementary info,ready for ANY eventuality, must be added to gain FULL PICTURE of a CONFIDENT,STRIDENT MARCH on 10^th March,Thursday  backed up by EVERY bit of CASELAWS, JUDICIAL PRONUNCIATIONS,NEVER-TO-FORGET recent & LATEST JUDGEMENTS ,especially of 5-Judge SC Bench presided by Hon RCLodha & of course, 1^st July 2015 Hon DipakMisra in respect of Rajasthan State employees on pension upgradation .

 

3)i) 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 5.04 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)DIFFERENCE/LOSS  in DR PER SLAB in Rs for ALL CADRES, ASST to ED as at 1/8/2007 & after wage settlement 1/8/2012 in relation to 1/8/87—31/7/92 Scales

CADRE	1/8/2007	1/8/2012
Assistant	5.0385	9.291
HGA	7.562	12.9145
Development Officer/DO	9.4795	15.368
AAO	11.3105	17.9685
AO	12.4685	19.5265
ADM	15.6275	23.6855
DM	18.1025	26.9105
SDM	21.4775	31.3505
ZM	25.175	36.2275
ED	29.2475	41.61

 

iv) lower levels, difference in DA/DR  is low & number of pensioners large.

At higher levels, difference in DA/DR high, but number of pensioners small.

There was no pay revision for Class I from 1973-1983.

                Pension Anamoly Charts after 1/8/2012 wage agreement ,prepared by Sri RKSahni contains calculations of ALL CADRES,inclusive of latest DR.& depicts the sorry & woeful tale of pensioners WITHOUT pension upgradation, at Maximum of scales of pay.For EDs,Group I to Group V,difference/loss will be Rs 49,051- 11968;for DMs,loss will beRs 32,214 –08509; for AAO loss stands at Rs 22, 294 –06993.His chart is also for Supdt, SHs, DOs,HGAs,Asst, Steno,RC,SubStaff, Driver,&Sweeper too.So,there cannot be insurmountable difficulty in any calculations.

v)a) Kerala HC in the case of Chandrasekara Menon T vs UOI & Ors, ruled , "the object of compensation is the fall in the value of the rupee & the neutralization in cost of living is completely defeated by payment of DR  after reducing slab at all stages & that Pensioner drawing a monthly basic pension of  Rs3000 is treated on par with a person drawing a basic pay of Rs6000 in the matter of payment of DR/DA,which  is unjust & unreasonable.''

These submissions will be explicit & hence  touch the hearts & minds of SC BENCH.

     b)Extracted from my 13/1/2016 email writeup, of 15 pages,  As The Minutes of the 492^nd 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 wage agreement, LIC Management has conceded that they are prepared to consider 2^nd Pension Option for leftout employees. Suffice it to say , while preparing the Note to Board,it was mentioned that at any rate, 2^nd 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

 

4)NO  PENSIONER's  Fedn or even in-service unions  can afford to forget contribution of SriKMLAsthana   in this battle  or  other victories  pensioners secured in RAJASTHAN HC & SC earlier, & AIRIEF sturdy contribution & participation. It is not an exaggeration to state , & it is compelling truth that AIRIEF is the FATHER of LIC BOARD RESOLUTION, which is the PLANK & KINGPIN  of TAKE-OFF  presenting this problem alive & in true colours, & leading to ever so many VICTORIES ,much against the WIND & WHIRLWIND OF LIC & MOF/UOI.  AIRIEF AGAIN is the MOTHER of LOSS OF PENSION CHART ,AS EARLY AS 1998,1999 ,2000,memorable  August 2001  MEET with SRI GNBajpai, Mumbai camping,when all others were in deep slumber, meeting Independent LIC BOARD MEMBERS with MEMORANDUM & CHARTS of LOSS in DR & PENSION,from which sprang the CONCEPT of PENSION UPGRADATION . After several fup with LIC TOP Mgt, ensured the BIRTH of LIC BOARD RESOLUTION dt 24/11/2001.

 

5)Week after week, month after month,June 2015 to Janauary 2016,myself ,S/SriRamanan, Angurajan, AIOS,AIRIEF  added 100s & 1000s of Pages in our AIRIEF WEBSITE ,airiefvision.wordpress.com .There are several Articles of mine, Delineations & Dissertations ,statistical interpretations & rich contributions from others forming a unique Archives for easy reference. The entire legal journey is captured in full, not mere SNAPSHOTS ,indeed a KURUKSHETRA LEGAL BATTLE, in a long,arduous journey offering maximum help,assistance, data, analysis & suggestions.Wide reading enables one to widen horizons, enlarge positive vision, gain in-depth insights,lop off excrescences,as oxygen of new ideas & thoughts enters one's mind & purifies.

 

6)It is a sorry state that throughout this long journey in legal battle,2 Schools of thought, one FULL DR Only,GNS Fedn of Retd CL I Officers Assn & REST 2 Jaipur & Chandigarh,verdict derived from Jaipur allow precept & concept of Twin Benefit Full DR as post-8/97 pensioners & Pension upgradation with every wage revision ,both admitted by Hon Bhandari SJ Jaipur by his judgement dt 12/1/2010

 

7)i)All subsequent devpts point out ONE SINGLE thread of judicial thinking on the basis of all facts,legal, case laws & other issues too in clear terms that BOTH benefits are admitted by not only Hon SJ Jaipur but supported in full by CGH & Delhi HC verdict, with 12 % interest added in CGH & in rem added by Delhi HC.

 

  ii)This line of thinking percolated & pervaded many & so fullest appreciation of Hon SJ Bhandari did not come as a matter of course but analysed threadbare & delineated in conspicuous terms by quoting his 4 pages of finest elucidation in support of Pension revision with every wage revision.,especially quoting Nakara & Existing pension scheme benefits to be allowed to all past retirees too.

 

 iii)It is true that all later  Court happenings in SC too supported Pensioners stand & especially the 17 Oct 2012 SC Clarificatory order clearing their own earlier vague order of 14 Nov 2011 & to assert that SC referred to payretiral benefits from the date of eligibility..so 1/11/1993 or date of retirement ,whichever is later. PLUS  SLPs 29956/7  dismissed in 8/2013 & in spite of best efforts by LIC Sr Counsel, SC Bench stuck to ' NO STAY ORDER on 6676/1998 & allied matters " on 30/9/2013.

 

8)Above all, if LIC throws the gauntlet of HEAVY UNBEARABLE OUTLAY, Ridicule the same by pointing unmistakably the CORRECT OUTLAY which is not even the Tail of the latest Jackpot Wage Agreement, 1/8/2012 to 31/7/2017,which eclipses all earlier wage charters, acknowledged by ALL IN-SERVICE EMPLOYEE  UNIONS, a fraction of TOTAL PREMIUM INCOME,  or still less of TOTAL INCOME,  which PLETHORA OF DATA ,I had earlier circulated on 13/1/2016 for JUSTIFICATION & REALISATION OF Hon  SC BENCH ,making it crystal clear in open & transparent manner,& asserting that in  no way this  hurts the coffers of the Corporation. THAT FINAL VERDICT in  PENSIONERS FAVOUR does not cast any undue burden ,LIC being a ROCK OF GIBRALTER & earned ENCOMIUMS from all quarters for its FINANCIAL STRENGTH & SOLIDITY & SERVICING IMAGE OF UNALLOYED ,UNADULTERATED REPUTATION  from HIGHEST QUARTERS of our NATION. WHAT MORE TESTIMONIAL must be PRESENTED with  PINPOINT PRECISION & ACUMEN ,not to PROLONG SUBMISSIONS but to CLOSE with FULLEST  ELIMINATION of all doubts in the minds of SC BENCH, with APLOMB & DISTINCTION. Total Pension Bill for 49,058 pensioners a mere Rs793cr for 2013-14  constituting 0.37 % of Total Premium Income & 0.21 % of Total Income. Pension Bill is only 5.4 % of total Wage Bill.

Central Govt Pension Bill will be app Rs1.12 lac crores in 2017-18, touching CG Salary Bill Rs 1.16 lac crores of 2016-17.

 

9)PLENTY of  ARGUMENTS, LOGIC, RTI INFO, LIC SECRET LETTER dt 31/12/2001 which forcefully  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 & now 4708

This LIC LETTER must be HIGHLIGHTED to Hon SC Bench to CLINCH the  DELICATE, UNCERTAIN  ISSUE OF PENSION UPGRADATION, FOR WHICH ALL PENSIONERS ARE CRAVING FOR & sure, AIIPA & Fedn of LIC Class I OFFICERS ASSNS will also gladly accept,even if against the grain of their ERRONEOUS, SINGLETRACK thinking removing in one stroke near 28000 post 8/97 pensioners, keeping them out of purview, though ,inside their heart of hearts,CRAVING for PENSION REVISION  with  EVERY WAGE REVISION. Who will not want to achieve this unique ,but legitimate principle accepted by  SC BENCH!   It is NOW or NEVER.  It is  DO or DIE situation.

 

 10)i)It is pessimistic outlook,therefore,  to notice some utterances  that still clarity on Pension revision with every wage revision has not arrived. Adequate hints  & pearls thrown by Hon SCJudges must be marshalled.Or else, why Hon Dipak Misra himself propounded such a salutary 1 July 2015 judgement  citing  end of hostile discrimination& the presence of anamolies & gross pension amounts whereby 6/7 cadres below get more than Superiors way up & pronounced in unmistakable terms Pension upgradation to all those adversely affected .

 ii)THE DOUBLE-DECKER BENEFIT or REVISION IN CHAIN  or  perhaps who KNOWS Hon Justice Dipak Misra's   ' IN CONTINUUM' & issues like 'ENHANCEMENT OF PENSION'  seems to suggest as an OPENING to finalise the concept soon.

iii)We shall cite  in passing  7th Pay Commn findings  to stress again the validity of this utter inequality & glaring inadequacy, & above all a beautiful worked out example given by 7^th  PC clicks & clinches the issue ,with no difference of opinion .for us.

7^th PC quoting examples of refixation of pension from  earlier 6^th 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 7^th PC for Methodolgies 1 & 2 & whichever shows higher can be granted.

iv) Supreme Court 5-Judge Constitution Bench presided by Hon Justice Y.V.Chandrachud, in D.S.Nakara vs Union of India  case (AIR1983 SC130),regarded as the MagnaCarta for pensioners, thundered  that a) 'by introducing an arbitrary eligibility criteria,for being eligible for the liberalised pension scheme & thereby dividing a homogeneous class, --violates Article 14 &  is unconstitutional.

 

   "Pension is neither a bounty nor a matter of grace depending on the sweet will of the employer. It is not an exgratia payment, but it is a deferred wage for the past services rendered by him-------  Pension is their statutory, inalienable & legally enforceable right. It has been earned by the sweat of their brow. As such. it should be fixed, revised, modified & changed in ways ,not entirely dissimilar to the salaries granted to serving employees

 

v)a)V CPC Chairman,Justice Rathnavel Pandian categorically asserted & affirmed that pension also should be taken up for suitable revision whenever the salaries of serving employees are taken up for any revision.  "A fortuitous circumstance of the date of retirement cannot constitute a legitimate ground for classification, and a classification founded on such fortuitous circumstance would not stand the test of Articles 14 and 16 of the Constitution ."   He added forcefully , "It needs to be averred emphatically that pension is not in the nature of alms being doled out to beggars. The senior citizens need to be treated with dignity and courtesy befitting their age. We owe it to the pensioners that they live, not merely exist "

b)V CPC further observed "We are of the view that Court judgments when delivered on merits should not only be implemented invariably but their benefits should also be extended to similarly placed persons without requiring them to resort to litigation (para141.27)

c)This also answers doubts in many minds, whether,after SC Final verdict, it will be applicable to Petitioners or all Pensioners.

vi)a)VI Pay Commission also added value rightly, increased % of pension at ages 80,85,90,95 & 100 years to the tune of 20,30,40,50 & 100% ,which we don't secure & that demonstrated empathy towards Elders. Older Govt  pensioners had,therefore, an added reason to rejoice. After  a decent Pension fixation Formula with examples, 7^th PC allows multiple of factor 2.86 times & fix pension,whichever is higher

It must be brought to the notice of the Hon SC Bench ,that even after this sound Methodology for fixing New Pension, the Value-added Pension for Elders continues, at ages 80.85.90.95 & 100 at the rate of rise of 20%,30,40,50 & 100 %.This is remarkable.

SC Bench must bear this in mind ,while Final Judgement is delivered clearly & comprehensively ,without any doubts or ambiguity or susceptibility to different interpretations.

b)The maximum gratuity too was revised to Rs 10 lakh, up from the earlier Rs 3.5 lakh, wef 1/1/2006 . If an employee dies during service, his family will  get full pension (enhanced family pension) for 10 years. 7^th Pay Commission  enhanced Gratuity  to Rs 20 lacs

 

c)The linkage of full pension with 33 years of service was scrapped.  The maximum service length for full pension would  be 20 years.

 

               11)i)Pension is a social welfare measure on an assurance that they in their old age would not be left in the lurch. Relying on Article 14 of our Constitution, the Supreme Court gave an important ruling in that "all pensioners form a homogenous class irrespective of their dates of retirement and are entitled to same relief as subsequent retirees etc.'

 

    ii)'The pathetic condition of a class of people arbitrarily alienated from the beneficial stream of pensioners ,what is arbitrary is unconstitutional &  'LIC pensioners are one integral group & cannot be divided into different classes. Date is an irrelevant factor when alteration in pension is made",asserted late  Hon Justice (Retd)V.R.Krishna Iyer

  'What is discriminatory is arbitrary & what is arbitrary is unconstitutional,he added

 

   iii)The issue remains unresolved for 14 years & more,though it was informed vide letter dt 10/04/2002 by Sri P.C.Singh,Under-Secretary to Govt of India  that ' the upgradation of pension is under consideration'. Then FM was good enough to state in  his reply dt 4 March,2005 to Sri S.Sudhakar Reddy, MP that "upgradation of pension for pre-8/97 retirees is presently under consideration of the Govt."

               12)i) MOFinance  stance to stall improvements &  observing  that  such grant of pension updation will lead to repercussions  in  PSBanks & elsewhere,  is nothing but a concocted  bogey by CGovt . The Kerala HC ,in the case of Manmohan C & Others vs  Kerala StateWareHousing Corporation  (WP9),No12768 /2006 asserted,  'such a statement is unfounded, & is nothing but meekness with no constitutional or legal foundation.'

 ii)Army Tribunal Bench verdict ,which appeared in Indian Express dt 4 August,2010 ,wherein the Tribunal unequivocally pronounced  'distinction in pension on basis of Retirement date is unreasonable ,violates Article 14 of Constitution.'  It ordered 'end disparity in pension & other benefits to Defence Personnel who retired prior to January 2006 & those who retired after 1/2006. 

 It reinforces 'we can't belittle or slight the sacrifices & contribution made by persons prior to 1/2006 & treat them less meritorious to receive the benefit of pension than those who will be entitled to pension on or after 1/2006.This dichotomy neither appeals to reason nor can the State  be permitted to take  shelter of  financial constraint etc '

iii) No perquisites, no LTC, no Domiciliary medical benefit lumpsum being granted to pensioners,  no PLLI (Productivity Linked Lumpsum Incentive) 1- 6% on fulfillment of criteria as for employees, poorest Retirement benefits, no scope for saving & so for investment,& many other disadvantages & disabilities are silently suffered by Pensioners, which Hon SC Bench must take note of,in an impartial assessment of the none-too-happy  position of pensioners & enable them to have uplift,atleast now,with proper Effective dates for implementation, without doubts or ambiguity.

                iv)When in the wage Charter,1/8/2007—31/7/2012, LIC grants apart from Basic Pay, DA,HRA,CCA etc etc,if Transport Allowance Rs275 or 800 pm is granted ,Fixed Personal Allowance Rs 315-1700pm ,Cash Medical Benefit Rs4000 &8000/12000pa, one can very well imagine the huge outlay for the entire Class I, II, III/IV on these additional benefits alone. Look at the fabulous CV,Bottom to Top,Sweeper to ED. How much damage to all earlier Pensioners' Groups as we go along. Why then this miserly, lackadaisical treatment meted out to diminishing tribe of pensioners ,who brought name,fame & reputation to the Institution.  Similar such outlay can well go to augment pensioners welfare

 

v)It is a travesty of justice to witness such gaping,unbelievable differences in pension amongst various Sectors & disciplines. Let there be a modicum of decent comparison amidst Govt & other various All-India Institutions. . LIC  is always an Open Book of unqualified adulation & accolades & awards galore.    

 

vi) Financial & Service sectors are the real engines & accelerators of India 's growth. Judges must bear all these & deliver fitting answers to this perplexing anamolies & paradoxes unnecessarily being built, without proper, intelligent, fair, transparent  & equitable solution. Lack of money power, lungpower, muscle power, political power must be addressed & compensated ONLY by a Sane Judiciary by a favourable decision as demands  are modest, logical & coherent.

 

   13)i)The presence of the 2 Nominated MOF/UOI Senior Officers during the passage of that Board Resolution  indicates implicit & explicit consent .   So too,  the silence of the MOF for such long 14 years & more, as Hon Judge ,Jaipur HC remarked also has to  be taken as approval of MOF  only.

 

    ii)Retirees have done yeoman service to the cause of institution & society ,which they honourably served ,with devotion & dedication, finding now uncared, unwept & unsung & being treated as Secondary Citizens & UIP-UnImportant Persons.

 

    iii)From the point of view of Transparent Corporate Governance being emphasized  by Govt & Regulatory Bodies, Board Members, as Opinion Leaders in their own right,with an etched public record  multi-dimensional in nature, have an all-important critical role to play to subscribe, question the basis of decision, clarify their views, submit their final recommendation & correct an erroneous decision.They should be the harbingers of a neutral unbiased decision, shorn of any imposition of externalities, especially the powers that be,& which must become a permanent feature.

 

  iv) LIC, vide their replies dt 20/2/2009 to SriSanjeevSinha,UnderSecretary, Dept of Financial Services, MOF & again to the new Ms Surinder Kaur,UnderSecretary, vide their letter dt 6/5/2009, quoting number of existing pensioners who retired between 1/1/1986 to 31/7/1992 as 5390 & 1/8/1992-31/7/1997 as 11,108 ,totalling 16,498 pensioners replied to the query, 'what if the pension revision is considered along with the wage revision due 1/8/2007 '

" the revision in pension(100% neutralization to pensioners retired between 1/1/86—1/8/97) may be considered alongwith the wage revision due wef 1/8/2007.As per the actuarial valuation,the contingent cost of providing for 100% DA neutralization wef 1/8/2007 is estimated at Rs3.90cr per annum in real terms (ie it will increase in line with inflation) or a one time estimated capitalized cost of Rs50.02cr. It may be noted that all those who have retired on or after 1/8/1997 are already getting 100% DA neutralization .At that time, Subsequent wage charters have not fallen due.

14)i) "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, which was in public interest. 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.

 In the light of the submissions made by the learned counsel for the Union of India before the learned Single Judge, we find that these appeals filed by the L.I.C. of India have no merit and the same stand dismissed. "

  Sd. Sd. (MAHESH BHAGWATI)J.   (DALIP SIGH)J. 21/8/2011

ii)The Division Bench took a serious note of the conduct of LIC in not adhering to its Board Resolution on one or the other account. Justice Dalip Singh observed, "The LIC is making an eyewash by not falling in line with its own Board decision and it is an extreme ridiculous situation that the Corporation itself has filed an appeal now saying that the order of the single judge is not tenable whereas the LIC still maintains that the Board resolution has not been rescinded and the Corporation is not challenging its own Board's Resolution."

15)There is no provision in Pension Rules 1995 that Pensions should not be revised.On the other hand,Rule 5(3),Chapter III  of Pension Rules,1995, 'the Corporation shall be a contributor to the Fund & shall ensure that sufficient sums are placed in it to enable the Trustees to make due payments to the beneficiaries under these Rules. Rule 13(b) states , ' the Trust shall, subject to the availability of additional sums in the Fund, to be provided by the Corporation as required under Rule 5(3) to purchase additional annuities as & when it becomes necessary to revise upwards the benefits payable in accordance with these rules '.

16)Further,after pension upgradation is granted after wage revision,arguments favourable  to us to be highlighted before SC Bench,

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."

17)i)LIC Basic FP ranges after the death of the pensioner to the widow ,from Asst to ED,For pre-8/92, pre-8/97, pre- 8/2002,pre-8/2007 to a woeful pittance of Rs572-1050, 1100-2100, 1349—3540, & Rs2048—5266 with DR. Utterly Ridiculous .

Is it Empathy or Stone-hearted  Bureaucrats  who come in the way ?

CGovt,State Govts,Railways,Defence.PSUs,& RBI too secure 30 % of Basic Pay as Family Pension.MOF/UOI has not conceded this straightforward Formula to Financial & service Sectors like Banks ,LIC,GIC etc.We are still governed by the graded Restrictive Appendix  V,which deprives us of a decent FP ,after death of Regular Pensioner.This will be the TOP Priority immediately after  Hon SC Bench judgement.

 

ii)Still, it may be worthwhile for the Case Managers & Sr Counsels to raise this alarming,discriminating  RESTRICTIVE FORMULA of FP in Pension Rules 1995, as a sequel & aftermath of pension upgradation ,pointing out & portraying vividly the gross inequity in formula fixation, with the sole aim to deny right,ethical FP to enable widows & others to lead & live a somewhat decent life,endeavour to have peaceful ,fair standard of living & as the numbers have multiplied,as a result of many deaths of RP.more than 15,000 & Ratio of FP to RP has jumped from 17 % to 38 % & in some Zones to 40 % & more,it is natural to make a parallel reference to FP as a  corollary.Outlay on RP ,because of deaths, will become less & virtually transferred to FP,with lesser impact.Poignant presentation, womens rights to life & living,modern concepts for women can figure in such presentation.

 

Greetings,with FAITH & PRAYERS for PENSIONERS VICTORY,

 

R.B.KISHORE,

VP,AIRIEF                   27/2/2016