1) This is in continuation of my Supplementary Critical Points for 10 March, 2016 SC Bench Finals submissions for Case Managers & Sr Counsel.No 1 dt 8/2/2016, No 2 dt 27/2/2016
2) i) Revision of pension comes under the Fundamental Rights of the retired employees to equity, equality before law, right to life and dignity as guaranteed under the Constitution, which is binding on the State. It is unfair & unethical to deprive the beneficiaries of what is legitimately due under law. Hon SC has been ruling time and again from the Constitution Bench decision in D.S. Nakra case1983 to ever so many compelling judgements on the same subject & also recent & latest judgment rendered in 2015.
ii)Rules which provide for differential treatment amongst the same class of employees are violative of Articles 14, 16 and 21 of the Constitution and are not enforceable. While in the instant case the retired employees are being treated unequally in as much 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. THIS will be a CLINCHING ARGUMENT & must be dinned into the ears of Hon SC Bench positively
iii)Pensions have to be revised periodically in a manner not dissimilar to salary revision of serving employees. Cost of living & other obligations of the pensioners are similar to that of Central Govt , Railway & State Govt pensioners. Honestly, there is no justification in trying to disallow pension revision to insurance pensioners.
iv)Most important, GOVT Pension Regulations do not provide for revision of pension. Central Civil Services(Pension )Rules, 1972 are statutory in character. But, Govt has repeatedly gone ahead with pension revision & with it Railways only thro Administrative orders, without any amendment in its own Pension Regulations. That did not preclude the Govt from giving effect to V CPC & again VI CPC recommendations on an Administrative basis, many times with better improvements & modifications. The power to fix pay also includes the power to fix notional pay. This is a perfectly permissible procedure being an integral part of civic jurisprudence. Commonsense, equity, equality, similarity in circumstances, suggest straightaway acceptance of SAME RULE for insurance pensioners also, left to credible LIC to do so to resolve the varied, manifold pensioners problems without any more delay or hurt & on sound principles for solution to pay attention to those dates when discrimination arose palpably & to resolve the glaring disparities in cadre pensions as enunciated . No different yardstick should be there as dispensers of justice. In reality, therefore,there is no need for any amendment in LIC Employees'(Pension )Rules, 1995
2)i) LIC as a statutory Corporation is competent to take its decisions within the framework of the Rules and its resources and requirements. That from the perusal of the Resolution & decision of the Board of Directors, it is clear that the Corporation appreciated the injustice being meted out by it &wanted to resolve the issue. As per the Life Insurance Corporation Act, 1956, the authority of the Central Government is limited and it cannot intervene in all the acts and decisions of the Corporation nor can the Board be allowed to abdicate its duties. Sec. 21 of the LIC Act reads "In the discharge of its functions under this Act, the Corporation shall be guided by such directions in matter of policy involving public interest as the Central Government may give to it in writing; and if any question arises whether a direction relates to a matter of policy involving public interest, the decision of the Central Government shall be final".
ii)The functions of the Board, which can be said to be of public policy in terms of the Act are given in Section 6. Section 6(2) (i) reads "Without prejudice to the generality of the provisions contained in this Act, the Corporation shall have power (i)
to do all such things as may be incidental or conducive to the proper exercise of any of the powers of the Corporation".
iii)Sub Section (3) provides " In the discharge of any of its functions, the Corporation shall act so far as may be on business principles". Section 48(2) (cc) gives power to the Central Government to make rules in the matter of "the terms and conditions of services of the employees and agents of the Corporation". The Central Government has exercised its power under Section 48 (2) (2) (cc) and framed Revision Rules and Pension Rules1995. The Pension Rules defines the term "pay" and the "rate of pension". Thus the Corporation is independent to take its own decisions and the Central Government has no power to intervene unless they contravene the Policy guidelines. The matters relating to revisions of pension are not a matter of public policy,as long as it does not impinge on others interests.
iv)Such policy decision, however, must be in relation to the activities of the Board under the Act and not de'hors the same as held by Hon'ble Supreme Court in Rakesh Ranjan Verma vs. State of Bihar (1992 (5) SLR 101 (SC) (Para 12}; Bangalore Development Authority & Others v. R. Hanumaiah & Others, JT 2005 (12) SC 64; UP State Electricity Board v. Ram Autar, 1996 (2) SLR 495 SC (Para 12). In the case of UGC Class-I Officers' Association v. University Grants Commission, 2000(7) SLR ( Delhi ) 17. It is for the Board to act according to these directions and revise the pension of all the pensioners, irrespective of the date of retirement, as and when the pay scales are revised. The pension is thus to be paid at 50% of such revised pay with appropriate DR.
3) i)LIC has to abide by the Rule of law and provisions of the Constitution and they are acting detrimental to that. That the Central Government has made Pension Rules, which is a Complete Code in itself and which provides for the "pay" which has to be taken into account for the purpose of pension and the rate at which the pension is to be paid. Once the policy decision has been laid down by the Central Government,by comprehensive Rules,after prolonged & elaborate discussions & negotiations for more than 15/16 months, it is for the Board of the Respondent Corporation ,thereafter ,to implement it and further intervention by the Central Government is uncalled for,unnecessary & ultra vires of the powers vested in it by the Act. The power of the Central Government is confined to issuing directions on questions of policy only It cannot, however, interfere in the normal functioning of the Board with duly outlined Agenda.UOI/MOF cannot clip the wings of LIC Board with ruthless powers ,& keep issues & problems pending,behaving in an autocratic manner subverting fine solutions to Pensioners Problems, emanating from an EMINENT LIC BOARD.In a PERSUASIVE manner ,narrating the Agonies of Pensioners for 14 long years,all followup, representations, meetings,memorandums just consigned to dustbin,WHEREAS,FM in a stroke of pen shall get LIC magnanimous FUNDING ,even if at the cost of Policyholders ,for Lakhs of crores Rs. This is UNETHICAL & Sr Counsel must adroitly convey to Hon SC Bench,but without being adamant, as Single track obstinate Submission on this DELICATE issue should not boomerang. Hon SC Bench must realize the GRAVITY of such acts & put an end to VARIABLE DISCRIMINATORY treatment,with impunity & no rhyme or reason.
ii) Reg 56 of LIC Pension Rules provides that "Matters relating to pension & other benefits in respect of which no express provision has been made in these rules shall be governed by the corresponding provisions contained in the CCS(Pension)Rule 1972, or the CCS(Commutation of pension ) Rules,1991 applicable for CGEmployees " This submission has been upheld by Rajasthan HC reported WLC1999(2) WLC 232 that if the Scheme is silent on the point the Central Services Pension Rules ,1972 will apply. This finding has been upheld even by Hon Supreme Court .
iii) Simply put, there cannot be a 1st class treatment for some & a 3rd class treatment for other similarly circumstanced . Policy inconsistencies that are existent glaringly are the biggest challenge & they must be addressed squarely .Too long ,these have continued in arbitrary & dangerous manner adversely affecting the silent pensioners with a heavy toll, physical, mental, psychological & financial.. Govt pensioners live in India & insurance pensioners also live in India . Factors affecting daily life & living are the same & so solutions also should be in similar directions following their footsteps. In fact, it applies with greater force for insurance pensioners as insurance Pension is far less than Govt RP & WHY, EVEN Govt Family pension is higher than insurance RP itself ! !
iv)Policymakers & Courts have to see social security reality, growing needs of Elders & Sr Citizens in a Welfare State & uphold beneficial regime without an iota of reluctance & enhance value& worth for those who gave sweat & toil for the rapid progress of the institution .THIS AGAIN has to be asserted FORCEFULLY by our Sr Counsel & dinned into the ears of Hon SC Bench & even as a POWERFUL RETORT to LIC & UOI Sr Counsel, who are fighting the LAST(LOST) BATTLE of WIT & WISDOM
4)i) That the Act does not make it mandatory for the Corporation to obtain such approval in all aspects becomes clear ,for example, the matter of payment of Medial Allowance and Revisions of Minimum Pension as also in the matter of Family Pension, there is no provisions in the Notifications issued on 22 June, 2000 (P-6) and 05.09.2005 (P-7) but the Corporation has exercised the power as is vested in it under the Pension Rules without approval of the Central Government. This proves that the Corporation has revised the Minimum Pension and Family pension of its own accord.
ii)Similarly in the matter of award of Gold Coin to all its employees, on the occasion of LIC Golden jubilee, the Board took decision and without obtaining the approval of the Central Government.
iii)So too, was the case of 75 % subsidy in mediclaim premium to pensioners extended in May 2010 ,on the samelines as existing for Employees.
iv)he announcement on the Anniversary day 1 Sep,2010 about Midday Meals Allowance to All employees up to the rank of ED costing Rs450 cr was also an independent LIC decision. No Notification was issued in this regard and there is no provision to this effect in any of the Rules or the Act even.
v)There cannot & should not be any bias & prejudice in treatment of employees or pensioners. Corporation cannot be allowed to make a pick and choose policy in the matter of exercise of its authority. THIS PRINCIPLE must be placed before the Lordships EFFECTIVELY again to drive home that DIFFERENT YARDSTICKS adopted in respect of Employees & Pensioners CANNOT be TOLERATED
5)i)It is regrettable that UOI wants to impose its will MERCILESSLY , even when a Board Member triggered the useful proposition for solution to pensioners problems of avoiding discrimination & pension revision with SAME WEIGHTAGE as is given in wage revision. It is sad commentary that UOI kept it pending, harassing pensioners, large number of pensioners already dead &/or dying. The very essence & heart of Corporate governance as enacted by the Board, as custodians of all stakeholders can & should never be questioned. Throwing SANE PROPOSALS of BOARD, Names approved by UOI, but BEATING RETREAT & even IGNORING ESSENCE of CORPORATE GOVERNANCE, the HEART OF THE MATTER OF of an INDEPENDENT BOARD , stressed by SEBI, RBI, GOVT et all must be made fully OPERATIONAL & not as a DECORATIVE PIECE .
ii)Board Resolution cannot be treated as a scrap of paper,it is a sacred Document containing solutions & seed for solution of pensioners problems ,& the demands are real,modest,genuine & legitimate. Further, Board Members are eminent personalities,with spotless reputation in different walks of life ,their reasoning & voice counts & indeed the quintessence of their wisdom ,after due deliberations coming in the form of a Board Resolution must be given due respect & recognition & admitted without hesitation.,as Hon SJ Bhandari & DB,Rajasthan HC categorically mentioned
iii)14 long years from 24/11/2001 in hibernation in MOF/UOI Look at the careless, lackadaisical ,domineering attitude ,repulsive indeed. Subservience of institutions to Govt means a dummy & Govt also riding roughshod means dictatorial attitude,which is displayed here in the form of indifference, non-chalance & failure to discharge duties & obligations by bureaucrats who want to treat pensioners as puppets. UOI /MOF has the knack & reputation to keep even top executives of Institutions in tenterhooks, tending to shelve rather than solve problems.
iv)In this context, our Sr Counsel can vividly point out implicit desire & decision of MOF/UOI vide Circular dt 5/1/2015 to CEOs of PSBs/Financial Institutions /Insurance Cos granting assurance of vfreedom of non-interference in PSBs etc on commercial decisions,personnel mattes etc,which implies autonomy & so, it has to be practiced & implemented
v)Supreme Court in another case relating to allotment of land had quoted several earlier Supreme Court judgments maintaining the same stand. The extract of the judgment dated 3-06-2010 is given below:-
"Therefore, the law on the question can be summarized to the effect that no higher authority in the hierarchy or an appellate or revisional authority can exercise the powers of the statutory authority not the superior authority can mortgage its wisdom and direct the statutory authority to act in a particular manner . If the appellate or revisional authority takes upon itself the task of the statutory authority and passes an order, it remain unenforceable for the reason that it cannot be termed to be in order passed under the Act"
6)i)It is , therefore abundantly clear from the above, that when once after all due considerations & circumstances etc, the Pension Rules, 1995,as a Complete Code by itself, was promulgated by LIC with Govt Notification, all pros & cons are cleared & the course of Pension Rules, 1995 must run without any interference by Higher Authority or UOI. Here LIC is the Statutory Authority & UOI is the Revisional Authority.
ii)The Constitution Bench in Ajay Hasia etc. v. Khalid Mujib Sehravardi & others etc. (3) held that it must, therefore, now be taken to be well settled that what Art.14 strikes at is arbitrariness, because any action that is arbitrary must necessarily involve negation of equality. The Court made it explicit that where an act is arbitrary, it is implicit in it that it is unequal both according to political logic and constitutional law and is, therefore, violative of Art. 14. After a review of large number of decisions bearing on the subject, in Air India etc. etc. v. Nargesh Meerza & Ors. etc etc. (1) the Court formulated propositions emerging from analysis and examination of earlier decisions. One such proposition held well established is that Art14 is certainly attracted where equals are treated differently without any reasonable basis." ( Unquote)
iii) In Maneka Gandhi v. Union of India (1),the SC made the following observation :
"...... what is the content and reach of the great equalising principle enunciated in this article ? There can be no doubt that it is a founding faith of the Constitution. It is indeed the pillar on which rests securely the foundation of our democratic republic. And, therefore, it must not be subjected to a narrow, pedantic or lexicographic approach. No attempt should be made to truncate its all-embracing scope and meaning for, to do so would be to violate its activist magnitude. Equality is a dynamic concept with many aspects and dimensions and it cannot be imprisoned within traditional and doctrinaire limits..... Article 14 strikes at arbitrariness in State action and ensures fairness and equality of treatment. The principle of reasonableness, which legally as well as philosophically, is an essential element of equality or non-arbitrariness pervades Article 14 like a brooding omnipresence."
iv)The last 6 sentences in italics is what pensioners in insurance industry are fighting for to plead to remove utter arbitrariness in Institutional & State (UOI ) action .Arguments advanced are a cloak to deny genuine & legitimate demands of aged elder pensioners, majority above 70 yrs, kept pending & in cold storage for 14years & more. LIC /UOI are flouting the constitutional Fundamental Rights of citizens as enshrined in the Constitution.Thousands of pensioners have died & are dying. There should not be any highs or lows in an island of democracy. High-powered dictats & orders should be eschewed & not to command other pensioners to slavery & serfdom. This important DICTUM ,our Sr Counsel must bring out forcefully & facts of law SC always gives due respect for consideration, in their Judgement
v)The provision of relief ,since the introduction of the pension schemes in these
institutions, applying automatically in quickest possible time ,only to GOI pensioners and denying the same relief to the pensioners of these institutions does not have any objective criteria for such classification for such discrimination and exclusion. As a corollary, such aberrations & deficiencies have to be corrected & Equity restored at the hands of justice thro the Supreme Court. It is applying equal laws applying alike to all in a like situation.
vi) When it comes to Administrative Order, Statutory Provision ,Constitutional Rights or Provision, certainly Constitutional Rights overweigh & eclipse the earlier 2 .& so Supreme & have to be respected in letter & spirit
7)i) If UOI feels that its own pensioners numbering over 40 lakhs deserve periodical updation and with a rider that their pension should not be less than 50% of the revised pay for the grade posts occupied by them, then where is the objection for similar treatment of similarly placed retirees of financial institutions. As regards huge financial outlay feared, it is to be pointed out that the GOI incurred an expenditure of over Rs 30,000 crores annually for payment of pensions and family pensions from each year's budget without a special fund after implementation of the 5th PC . For GOI, this burden has also considerably increased after the implementation of the recommendations of the 6th CPC & further more when 7th PC is implemented.
ii)GOI never bothered about the financial implications of these revisions on its own finances but was motivated by the need to provide further relief to its pensioners & reward them for their loyalty. or that of the State governments which had always followed GOI precedents in giving pay and allowances and updation of pensions and family pensions of lakhs of their retirees. Thus the decision to deny relief to insurance pensioners etc is clearly arbitrary and discriminatory and violative of Article 14. It is also pertinent to point out that when GOI decided to extend the pay scales and allowances to serving staff of Centrally controlled PSUs, it had agreed ,as it will be seen from the circular dated 30th September 2008, that it would, if need be, fund upto 80 % of additionality of the expenditure.
iii)The Human Rights enshrined for all citizens & with special emphasis for Elders & Sr Citizens have to be protected & strengthened by the SC, not weakened. Supreme Court is not a mere noun, it is an adjective too.Therein lies its Supreme importance & impartiality to protect the weak against arbitrary policies of Govt & institutions. Our Sr Counsel must GLORIFY ROLE of SC in all ways & means confirming the STELLAR role of SC as a FINAL ARBITER of JUSTICE & EQUITY.
iv)It has been more than a decade of utter neglect, wanton delay, muddy, careless ,nonchalant dealings bereft of any concern for aged pensioners, who gave their sweat & toil to the institution & made it multi-dimensional & many-splendoured, a monumental Success Story, earning encomiums such as a 'jewel in the crown ' & 'world-class' from FM & PM.
8) i)When it is written in National Litigation Policy, "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. Our Sr Counsel can also bring this decision of govt to the notice of Hon SC Bench
9)LASTLY sweat & toil of pensioners,1000s of pensioners have died & are dying, 14yrs of indifference & harsh treatment of utter neglect to genuine, principled demands,
majority of pensioners above 70 yrs old . Jaipur HC Single Judge verdict in pensioners favour, LIC Appeals dismissed by DB, Jaipur HC with clearcut comments & orders for Full DR & pension revision after every wage revision ,
---- a catena of crucial & landmark judgements in favour of pensioners at HC/SCLevels
--- sound & principled enunciation of the various issues as above to secure a final positive answer
-----National Litigation Policy , Govt shd not be a compulsive litigant & especially in Sr Citizens cases ,pension/retirement benefits no Appeals be made as a conscientitious policy to be made a reality,--these Sr Counsel must emotionally & with a heavy heart, bring to kind notice of SC Bench that SC should serve as a Beacon light to accept our contention & counter arguments & dismiss LIC SLP with costs.
10)i)Basic Pension remains unchanged & static right from 1/11/ 1993 more than 22yrs ,making insurance pensioners still struggling with IV Pay Commission mode ! The pathetic condition of a class of people arbitrarily alienated from the beneficial stream of pensioners due to delay,dither & not to comply with the judgement is sad and ,when it is arbitrary,it is unconstitutional. Institutions trying to create classes of pensioners ,heterogeneous, instead of one homogeneous group, subdividing & subclassifying ,though all are having same length of service,is unconstitutional .
ii)Nothing should be in derogation of Fundamental Rights or no abridgement of such Rights,if there is any such law, then that law is inconsistent ,as Rule of res judicta comes into play laying concerns on impractical pleas, not in tune with the facts & circumstances of the case,
iii)Why different yardstick are adopted, on the other hand , more sympathy & empathy should be displayed by Corporation, as Pensioners are Sr Citizens& Elders, aged & majority above 70 years old & moer than 15,000 pensioners have already died.
iv)What our Sr Counsel must plead before this Hon SC Bench is to effectuate meaningful implementation of the judgements & also, in that direction,to issue orders to LIC to operationalise & implement 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
11) i)When discrimination occurs, when the right to equality is violated, it automatically deprives this group pensioners of their inviolable right earned by them by this provision in an egalitarian of the provisions of the Constitution of India, especially the Fundamental Rights as guaranteed by the Constitution, is liable to be struck down as illegal and the appellant herein being a State as defined under the Constitution cannot claim immunity for its policy decisions, that too when the said policy decision can not stand on its own legs.
ii)A classification founded on such fortuitous circumstance as date of retirement would not stand the test of Articles 14 and 16 of the Constitution ." This HonCourt has given 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.' As such. pension should be fixed,revised,modified & changed in ways ,not entirely dissimilar to the salaries granted to serving employees
12) i)Similarly as far as Sec 48 is concerned,apart from elucidation in earlier Paragraphs,, what is the Via media Arguments we have to submit thro our Sr Counsel Sri Nidish Gupta, Sri ASRamanathan has given copious cases & lucid interpretations & selectively,without getting a face-off rebuff or rejoinder,or without rubbing them on the wrong side, our Sr Counsel must intelligently& skilfully present & even manoeuvre, with conviction ,demolishing utter DICTATORIAL, IMPOSING,behaviour, ABSOLUTE UNCONDITIONAL POWER of STATE cannot & should not lead to ABSOLUTE POWERLESSNESS of RIGHTFUL LITIGANTS knocking at the DOORS of JUSTICE for SO LONG.
ii)Moreover, 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.
iii)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
iv)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
13) i)Today also, there were phone calls to me whether SC Verdict will be for all pensioners etc. We again reiterate --
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
14)i)It will be interesting to know & place the perspective before Hon SC Bench by our Sr Counsel re CG Pension ,RP & FP-
7th PayCommission PENSION & FAMILY PENSION
10.1.17 Minimum and Maximum Pension: The minimum and maximum pension as
admissible based on recommendations of successive CPCs/decision of Government thereon is
as under:
Amount (₹)
CPC Minimum Pension Maximum Pension
IV CPC 375 4,500
V CPC 1,275 15,000
VI CPC 3,500 45,000
10.1.18 Minimum and Maximum Family Pension: The minimum and maximum family
pension as admissible, based on recommendations of successive CPCs/decision of
Government thereon is as under:
Amount (₹)
CPC Minimum Family Pension Maximum Family Pension
IV CPC 375 1,250
V CPC 1,275 9,000
VI CPC 3,500 27,000
For 7th PC,Maximum Pension, one can know from Basic Pay.
Top Scale : Rs 2,50,000 Next Scale :Rs1,12,500
FP is 30 % of Basic Pay for CG Pensioners.
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ii)It is desirable to note that Cash Medical Benefit for LIC Employees has been raised from
Rs8000 & 12,000 to Rs 13,300 & 19,940 respectively for Class I,BP upto Rs60,430 & Above Rs 60,430 respectively
Rs 5,000 to Rs8,610 for Class II, &
Rs 4,000 to Rs 6,650 for Class III & IV
15) i)Whether the Government is above the High Court and this Hon'ble Supreme Court, and can say that unless there is approval of the Central Government, they are not going to comply with the judgments? Does it not amount to
- mitigating Honour, Prestige and Majesty of the Court trying to circumvent the Judgements and rendering the judgements nullity and redundant and
-- hitting hard the aged pensioners eagerly awaiting a final clearcut order from this Hon Court,as more than a decade has passed by ?
ii)Sr Counsel must easily impress the Hon SC Bench to ensure that SC has to hold on to its own cherished Fundamental Rights & continue to be regarded as the authority to uphold our Constitution as sacred & ours as a Nation governed by Rule of Law. & submit & plead to Hon SC Bench to —
--direct the Petitioner Corporation revise & pay the pension in the pay scales as revised on & from 1/8/1997, 1/8/2002 & 1/8/2007 & 1/8/2012 & as may be applicable from time to time by fixing pay on the same stage in the pay scales of which the pensioner was drawing on the date of retirement and pay 50% of that "pay" taking all the ingredients as are eligible for pension and Dearness relief at the same rate as is applicable to that basic pay from the date of retirement;
--direct petitioner Corporation to make payment of arrears of difference on & from the date of retirement consequent upon revision of pension, with a definite deadline of 8 weeks as this Hon Court may decide & to
-submit an ATR,Action Taken Report to SC every 2 weeks in compliance of these Orders
16) i)Faith,Prayers, Pragmatism & Reality , all point out to positive signals of Victory only.
FEAR has 2 connotations : Forget Everything And Run or
Face Everything And Rise
2nd is more apt& a must & Case Managers & Sr Counsels abundant preparations & allround perspective in submissions & arguments, with confidence oozing out, wonderful repartees & replies & highlevel courtesy & plea with suave yet telling,powerful arguments shall take us pensioners to earn that formidable Victory we all are craving for years & decades
Let MAHASIVARATHRI open up well of devotion & Almightys Blessings on the poor pensioners,for what all they have borne the slings & arrows of outrageous misfortune with fortitude & resilience .
ii)LET PENSIONERS begin ENJOYING & EXPERIENCING TRUE LIFE DEPRIVED, by ever so many OBSTACLES & LEGITIMATE BENEFITS long overdue NOT BESTOWED BY LIC & UOI.
LET them collect the PEARLS OF BENEFITS to FLOW & STRING TOGETHER IN ONE CHAIN ,LIKE A SERIES OF LINKS, to form a GARLAND OF LOVE & TOGETHERNESS.
LET HARMONY PERMEATE & PERVADE.
LET THERE BE NO TRIVIALITIES PLEASE.
LET THERE BE A SURGE OF FULFILMENT, &A SENSE OF DÉJÀ VU
Greetings,Goodluck & Godspeed,
R.B.KISHORE
VP,AIRIEF 5/3/2016
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