SC on 31-3-2016

 Dear Friends,

There appears to be a lot of confusion in the minds of the pensioners .

To remove all that I am appending a renewed appeal which gives the gist of our earlier communications also. 

We have been receiving some contributions to the legal fund already. But the legal expenses will have to be matched by the contributions which should flow voluntarily and in sizeable amount, which please remember. The first installment can be deposited by the 1st week of May 2016 UNDER ADVICE TO ME ( BY SMS OR BY EMAIL)

With regards

G Krishnaswamy 21-4-2016

 

"I am repeating what I wrote on  02-4-16:

=================================

I am appending the minimum od the SC order without any emphasis - after receiving the order I will issue a circular.    --  Justice Dipak Misra and Justice R Bhanumathi delivered an order ( not final judgment) on 31st march 2016   --

The Un assailable 4 points are

1. The SLPs of GOI/LIC are dismissed

2. The impleadment of our Federation putting ALL the pensioners as beneficiaries and from the date of retirement is ALLOWED.(DISPOSED as per SC order) .

3. 40 % of the arrears to be paid within 4 weeks to ALL - not only the petitioners but ALL who are similarly placed

4.Certain legal aspects not considered by Delhi HC are referred back to them to be decided by a two JUDGE bench (to be newly constituted) within THREE months ( not later than 31-8-2016)

On the last two points, we have to wait for the SC order to be specific.

Let me receive the orders of the SC may be in another 2 /3 days.

GK 2-4-2016

==========================================================

What I wrote on 17-4-16 is as follows;

--------------------------------------------------------------

Dear friends,

We have written to the Chairman and ED(P), LIC, CO , Mumbai today, 17-4-2016 on the following:

(1)WHEN LIC C O is going to issue INSTRUCTIONS and when the ordered amount of 40% is going to be paid to the PENSIONERS and the FAMILY PENSIONERS and that the  calculation sheets should be given along with the payments. 

(2) As per the circular ref: CO/PERS/ER – A/124/2016 dated 16^th April 2016 the premium for the sum insured slabs  payable by the pensioners  family pensioners will be heavy and is almost 150% of the premium paid for 2015-2016. The  C O  may mitigate the burden either (1) by increasing the basic sum insured to double the limit in each class,   or, (2) by revising the basic pension – forthwith.

Friends, we wish to  inform you that every pensioner and family pensioner should contribute to the Legal fund of the AIRIEF which ALONE is in the vanguard of the legal struggle for the last 18 years. True, the S C order has not granted our prayer FULLY - but there are bright indications of our achieving our goal. PLEASE,  THEREFORE, contribute liberally to our legal fund in ANTICIPATION of the 40 % Payment. 

The Bank particulars are as follows:

S B A/C No.    079 1101 205 381       

IFSC Code  CNRB 0000 791   

MICR Code  5600 15060

Canara Bank, 18, Cambridge Road, Halasuru,

BENGALURU 560 008        NAME = A I R I E F

Please advise us by Email or by SMS immediately after depositing the amount, so that the accounting is also done simultaneously. 

G Krishna Swamy,   General Secretary,   AIRIEF,

# 212, ROHINI, Jeevan Kendra Layout,

Cambridge Road, Halasuru,  Bengaluru 560008

Tel No.s  - 080-2530 1437  &  0- 98867 97756  

Email ID:::embargk@gmail.com    17-04-2016

-------------------------------------------

Let there be no confusion. If MSM has said that his impleadment is allowed, ours also must be allowed, logically.  --   Let us not try to confuse our PENSIONERS friends about this. -- This should not be the reason for us to call for Legal Fund Contribution. OUR CONTINUING OUR STRUGGLE IN COURTS IS THE REAL REASON FOR US TO RECEIVE CONTRIBUTIONS TO THE LEGAL FUND

I am also appending parts of our circular no 9 hereunder.

                    At last, we have the Supreme Court Order of 31-03-2016 (uploaded on 7^th April evening). Many of the pensioners are confused, disappointed, disillusioned and are resigned to fate that their future may not be brightened by the revision of basic pension periodically, as prayed.  They are also apprehensive that the FEDERATION has to fight the LIC Management and the Government of India in a protracted legal battle.

                  While this is one side of the picture, the other view is that the Order has given the pensioners an Interim Relief of 40% of the probable arrears which may LEAD to grant of our prayer for DA / DR parity and Pension revision in 1997, 2002, 2007, 2012 and further.

                  We have got mixed reactions from many pensioners. While some feel Review petition may be filed in Supreme Court (which may confirm the verdict of 31032016). Some feel that this is waste of time and money, in addition to delaying the award of justice.

                   Another opinion to proceed further is to approach the Delhi High Court as suggested by the Supreme Court which highlighted the following points:

(1) Considering the advanced age of the Respondent Employees who have waited for long expecting relief, LIC is directed to pay IR at 40% to similarly-placed employees within 6 weeks. (2)  The Respondents may file Revised Affidavits to the Delhi HC re: the legal points raised now.   & (3) No other HC shall entertain/deal with this matter.

               “The finer aspects and nuances of the Order will have to be studied by our Case Managers in consultation with our Senior Counsel and chalk out, in unison, if possible, at least at this stage, and chalk out further course of action in a time-bound programme to protect the much-avowed interests of their colleague pensioners whose life is on bonus time.”

                    “As to further source of action, a meeting of Legal Committee should be convened with our Advocates at the earliest to decide as to what course of action has to be adopted”, says the indomitable Shri KML Asthana. Time is going un-noticed and is sweeping all of us. Before it is too late, we are thinking of convening Office-bearers’ and Legal committee Meeting in Delhi during the first week of May 2016 to take certain decisions keeping in mind the age of the senior most pensioners and  our depleting financial position.    

                                While passing the order the Judges felt “we feel the pain while remanding the matter to Delhi high court”.  We also feel the pain “that even after so much waiting, the SC has not been able to put a stamp of Finality to this issue”. But “The SC order tells us where we should focus on in our next- step fight, rather than bank on issues that have been set aside, for greater clarity to emerge in our own minds, as to what to expect next.”  We have been provided “an admirable opportunity for securing full justice for both pre & post Aug 1997 retirees by way of proper removal of DR anomaly, and, upgradation”.

============================

Friends,

Let us concentrate what we should do in the matter and in what manner it should be done.

WE HAVE ALWAYS WANTED TO WORK IN UNISON AND STILL WE REMIND ALL THE STAKE HOLDERS THAT UNITED APPROACH WILL BE THE KEY FOR THE FINAL SOLUTION and quickly too.

Please circulate this amongst all our friends. 

G Krishnaswamy

GS, AIRIE

21-4-2016