LIC PENSIONERS CASE IN S.C. ON 31-3-2016, Relating to LIC of India Employees ( Pension ) Amendment Rules 2000, Notification dt. 22-6-2000 issued

Notification dated 22.06.2000-click here

EXCELLENT DISSERTATION,PRESENTATION,OBNOXIOUS DR FORMULA EXPLODED, DAMOCLES SWORD OF APPENDIX IV,VILLAIN AND OBSTACLE FOR PRE 8/1997 pensioners graphically presented,
DISCRIMINATION RIGHTLY EXPOSED,WHAT MORE.

THANK U, RAMESH, FOR THIS VERY USEFUL FORCEFUL ARGUMENTS TO PRESS AND WIN OUR POINT ON. REFERENCE AT 2 JUDGE BENCH, DELHI HC, AFTER IT BEING CONSTITUTED

Greetings, PROFUSE THANKS FOR THIS STRONG,WINNING SUBMISSIONS

RBKISHORE

VP,AIRIEF

Sent from Yahoo Mail on Android

On Sat, Apr 2, 2016 at 5:02 PM, Parvathy Ramesh

wrote:

LIC Mgmt has been taking the LIC Pensioners- particularly the Pre-1997 Pensioners for a ride all these long years. We had the only one option of looking to the SC as our Saviors. But even they are prolonging the case  (SC could have themselves declared the captioned Amendment Law 2000 as ultravires of the Constitution ab initio since our case has already reached the finality in the various HCs, rather than remanding the Case of upgradation of Pension back to Delhi HC to test the Constitutional validity of the above Amendment  for strengthening its (SC) its own hands) and adding to our agonies.
  Even the SC, have probably not understood the nuances, and intricacies and the full gamut of the issues and laws involved in the updation and upgradation of our pensions.
I would particularly refer u to the flurry of notes I had sent u in 2015. Some excerpts from my mail of 26-9-15. “ – as per the Notification , the group of pensioners from 1-8-1997( cut off date Wage Agreement Period 1-8-1997 to 31-7-2002), were granted 100% neutralization which is the same for in- service employees for the first time in LIC, while the earlier pensioners’ group  prior to 1-8-1997 were excluded from the benefit. In other words Appendix iv stands deleted for retirees w.e.f 1-8-1997 and also the DR Formula stands rectified w.e.f 1-8-1997 only……………
The Amendment Notification issued u/s 48 of LIC Act is pernicious, arbitrary and discriminatory and its only purpose was to permanently deprive the Pre 1-8-1997 pensioners of all the benefits arising out of revision of pension that may arise from successive Wage Settlements of 1997,2002,2007 and so on. This Notification has artificially divided the pensioners into pre1-8-1997 and post 1997 groups—and while conferring 100% neutralization and future Wage Settlement revisionary benefits to the post 1-8-1997 pensioners( a younger and increasing group), it has denied the same benefits to the pre 1-8-1997 pensioners( an older and dwindling species)………….
The Amendment is a deliberate calculated and diabolical move, is highly arbitrary, discriminatory and violates the pensioners’ Fundamental Rights to equity equality guaranteed under Articles 14 and 16 and also the Right to life and dignity under Article 21 of the Constitution……………..”.
Some excerpts from my mail of 4-4-15 :- “ This is an area which is I am more concerned . This Notification  divides pensioners into 2 groups –pre 1-8-1997 and post 1-8-1997-------This is artificial arbitrary, discriminatory and violates the Fundamental Rights under Articles ------ . But this has not been SPECIFICALLY declared null and void ab initio so far . As long as this remains in the statute books LIC Mgmt will continue to deprive the pre 1-8-1997 retirees of all the pensionary revisions arising out of successive Wage Settlements…………
Even at this  last stage when all the avenues and gates for appeals are barred/ closed for LIC Mgmt and CG , if the Govt Attorney is able to wangle and find some space for new appeals, our own Advocates should also at this last stage  by their eloquence, by the strength of their arguments touch the deepest chords of the SC Judges and convince them to strike down the Draconian Law as null and void ab initio, and bring solace to the pre 1-8-1997 pensioners who have spent the best part of their waking lives in the growth and development  of LIC .”( but probably our Advocates could not manage this on 31-3-16)
It appears that SC has not yet dictated the orders on 31-3-16 . If the Constitutional validity of LIC of India Employees ( Pension) Amendment Rules 2000 Notification dt 22-6-2000 issued u/s48 of LIC Act 1956 is to be tested only by the Delhi HC as  directed by SC by remanding the case to Delhi HC, then our Asthana and SR. Advocates , in consultation with other groups unitedly present a strong and forceful case before the Delhi HC  to ensure that the Notification is declared ultravirs of the Constitution and effectively convince them that pensioners cannot be divided  into different groups but form one single homogeneous group only and that their pensions are upgraded on the same principles as and when the Pay Scales of in- service LIC Employees revised.
R.V.RAMESH