Draft Letter to Chairman

2 ANNEXURE B Draft of letter to be addressed by those who retired between 1/8/1992 and 31/7/1997 (in case of Class I officers, those who retired between 1/4/1993 and 31/7/1997) to Chairman, LIC From ----------------- ----------------- ------------------ To  The Chairman,  LIC of India, "Yogakshema", Jeevan Bima Marg, Mumbai 400021 Dear Sir, Re: Payment of Interim Relief to Pre-1.8.1997 retirees in terms of order dated 31.03.2016 of the Hon'ble Supreme Court in Civil Appeal Nos. 8959-8962 of 2013 with Civil Appeal No.6995 of 2013, Civil Appeal No.9223 of 2013 & Civil Appeal Nos.9409-9410 of 2013-Short payment made to me. I retired from the services of the Corporation as per the following particulars: Name: Date of retirement: Cadre in which retired: Basic Pension: Name of office paying pension: Recently I received a payment of Rs……………… purportedly towards Interim Relief at the rate of 40% of the amount calculated as due to me in terms of the Supreme Court order dated 31/3/2016. The Supreme Court vide para 27 of the judgment dated 31/8/2016 had ordered as follows: "Keeping in view the totality of facts and circumstances of the case, it is hereby directed that the Corporation ​shall pay 40% as per Para 3A of the Appendix to each of the employees within six weeks and shall file an ​affidavit before the High Court of Delhi to the said effect……….". Para 3A of Appendix IV states: "In case of employees who have retired or died on or after the 1st day of August 1997, the dearness relief shall be payable for every rise or to be recoverable for every fall, as the case may be, of every 4 points over 1740 points in the quarterly Average Consumer Price Index for Industrial Workers in the series of 1960 = 100 Such increase or decrease in dearness relief for every said 4 points shall be at the rate of 0.23 per cent of the Basic Pension;". Reading para 27 of the Supreme Court judgment and the para3A of the Appendix IV together, what is required to be done before calculation of the 40% interim relief is that the Basic Pension has to be revised according to the post-1/8/1997 scales of pay by suitable interpolation /extrapolation using the fitment chart and thereafter the rate of 0.23% of the so revised basic pension has to be applied to calculate the Dearness Relief. What has been done instead by the Corporation is that the present basic pension has been revised by simply adding the existing basic pension and the anomalous Dearness Relief as at 1/8/1997 and taking the merged figure as revised basic pension for applying the DR rate of 0.23% for calculating the interim relief. This is not envisaged in para 3A of Appendix IV. As a result, I have received an amount towards interim relief which is just about 30% of what I am entitled to get as per the Supreme Court order dated 31/3/2016. Thus the act of short payment made to me constitutes contempt of court in regard to implementation of the Supreme Court order dated 31/3/2016.  I therefore request you to arrange to pay me the balance of payment by the correct implementation of the Supreme Court order dated 31/3/2016 by the correct application of the provisions of para 3A of Appendix IV. Thanking You, Yours faithfully, xxxxxxxxxxxxx