Dear friends,
1)There has been a lot of frustration & turmoil,in every pre-8/1997 pensioners mind that LIC has done scant justice to Hon SC Order dt 31/3/2016,released on 7/4/2016, giving perhaps last opportunity to mend its ways & fall in line with right & equitable thinking of elevating aged pensioners or Septuagenarians to whom Hon justice Misra has lot of empathy,while mildly finding fault with LIC for its attitude of delaY & procrastination & equally a caution & warning to UOI that all is not well with their handling or mishandling elders issues or problems,keeping them under the carpet, even after the governing Institution sends their valued recommendations with reason & logic .Yet for years & decades if UOI wantonly did not touch the file & many times, we recall ,with change in Secretary/Joint Sy, they went on asking LIC to resubmit & LIC also dancing to its tunes & sending same letter with obviously same comments.
2)If we pensioners are still in IV Pay Commission mode as ever since Pension Rules, 1995 came into being,as a Comprehensive Code, after 15 months of talks & deliberations with all Unions,that should have been a Finality, with only a top-up & nod to LIC wanting to improve lot of pensioners ,both to remove absurd DR anamolies between pre-8/1997 Pensioners & Post-8/97 pensioners who get FULL 100 % DR neutralization,thereby widening the chasm of DR PER SLAB,which as we know, comes in all types of calculations for pensioners as a vital ingredient. Every 5 years LOSS of DR is incalculable, considerable,when one thinks of looking back the CPI/IW/2001 Index shooting from 600 to 1148,1740, 2328,2994 & a whopping 4708 as at 1/8/2012,wherein EMPLOYEEES got full merger, not partial as in Bank employees case, yet no thought arises in LIC Top management that it is ripe time to do away with this genuine problem of defeating inflation & many times double digit inflation, thro SAME FULL DR to all pensioners as SAME FULL DA to employees
3)Friends, we must also remember the facts as they are,without getting into any emotional arguments as to the why of this dichotomy.The following chart throws light & shows clearly that Difference in DR per slab low at Lower cadres widens with higher cadres & is the highest difference at Top 3 or 4 cadres.Just as LIC failed to honour SC interim order dt 7/5/2015 when 20 % IR was asked to be paid to such few petitioners,here SC Bench wanted to test LIC ,as they brought into picture aged pensioners & higher IR with a much clearer principle thrown in as they knew pension amount is low & so recompense is needed for such pensioners.
4)A) 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
|
ii)The above CHART OF LOSS IN DR per Slab & so, a COLOSSAL LOSS to Pensioners must be POSITIVELY included in the FRESH AFFIDAVIT to HIGHLIGHT THE HEIGHT OF DISCRIMINATION WHICH CERTAINLY DELHI HC BENCH NOW will take cognizance of in favour of pensioners ,for remedy & removal thro UNIFORM, FULL 100% DR ,same as for Post-8/1997 WITHOUT CREATING 2 Classes of Pre & Post -8/1997 VIOLATING Articles 14 & 16 of Constitution ,of Equity & Equality
iii)Thus, SC Order detailed paras on "APPENDIX IV OF THE 1995 RULES IS PRINCIPAL PLINTH OF QUARREL," then proceeds to QUOTE THE COMPLETE APPENDIX
5)LIC as immovable as a rock,till Final Day of Reckoning by 31/8/2016 & presumably in September 2016,finishing touches & testing questions by SC Bench to parties, may dispose of long-drawn, historic case dragging on & on, with a large 15,500 deaths of pensioners,none to wipe their tears & Family Pensioners getting NIL or single/Double digit 40 % IR smacks of such rigidity of a preconceived notion of refusal to accept concept of pension upgradation.They are not worried even about pension degradation .When policy decisions are taken so slow, & machinery, of late in recent years at highest level, more so for pensioners ,delay is considerable ,even after many grievances are aired ,pointed reference to issues or some DOs not responding to deadlines ,also taken lightly,that is not ethical & enlightened management.We worked for decades in LIC, we wont damage the reputation but if sensible & critical issues fall on deaf ears,that is insensitivity & even unethical practices ,not giving due care & attention to pensioners problems & demands.
6)All are aware after the MCJain verdict victory at all stages at Jaipur HC & finally SC dismisses LIC SLP, even after near 2 years ,& Chairmans promises to Hyderabad delegation he will pass favourable orders looking into miniscule numbers, it looks, they are only waiting for this Outcome & along with that ,LIC will dispose that off. Gratuity case SC 2008 Humility &Upgradation case2016 Obstinacy are opposites for Pensioners ,who at this age have exhibited patience, forbearance, endurance & perseverance with unusual & candid behavior which LIC /UOI Combine must note & which have to be brought into sharp focus at Delhi HC submissions from 12 July 2016 .In fact, Punjab & Haryana HC order with 12 % interest also must be raised & not ignored by all our parties to ensure lofty principle of ending Hostile Discrimination, as Hon Justice Dipak Misra in his 1/7/2015 judgement pointed out ." The principle of law,as decided by the Hon Apex Court ,is plain & simple;that a Senior Officer cannot get pension less than his Junior. If that be ,the effect of pay fixation then the pension would have to be stepped up to avoid such hostile discrimination."
7)We must not, therefore ,create more hurt ,but in an impartial, neutral manner, as the case stands today analyse,what was received ,app method or amount as per Charts prepared with a genuine effort & accuracy personified, so too,if pensioners become aware of app calculations, assuming we win ,as case is very strong & all parties will only present unanimous view, with assertions profound, resolving the lacuna & incomplete pleadings referred to in SC Order as also covering all groups of pensioners,& what we are craving for,with profound illustrations of charts ,indicating even at a rough glance the height of discrimination, the monstrous & grotesque Anamolies in Pension as at 31/1/2016,after including latest wage settlement, that will cut ice. Further, & more important is the Constitutional validity of many issues Rule 3A, Sec 48 & Sec 21 , the links to Board resolution as only an indicator of realization of DR anamoly,with stress on sacred Constitution Fundamental Rights Articles 14,16 & 21 ,rigorously pleading for Restrictive Annexure IV DR formula to be declared void,being the root cause of pre & post 8/97 DR amount to such pensioners.
8)Para 27 of SC Order re 40% IR:
"27. 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. The Corporation is at liberty to withdraw the amount deposited in the Courts so that it can pay the employees who have retired. Needless to emphasize, the aforesaid payment shall be subject to final results in the writ petitions.
9)Therefore, a comparison of Group 1 , 1/1/1986 to 31/7/1992 40% IR as per wrong LIC methodology & SC Order 31/3/2016 Rule 3A of PR 1995,justaposed will give all pre-8/97 pensioners a much clearer perspective that the root of the evil is in LIC distorted sticking to same method what they did to implement SC Order dt 7/5/2015 & clear exposition ,thro these Charts will open the eyes of Hon Delhi HC & later SC Bench to quash LIC method & order LIC to implement same principle LIC follows for Employees, ie to fix first in New Basic pay of that Wage Charter for each cadre & then only to arrive at Basic Pension ,which correctly reflects the upgradation principle to boost pension, then to merge DR at appropriate rates of 0.23,0.18. 0.15. 0.10 for latest 1/8/2012 wage period .
10)It will be seen from the ChartA,consisting of both Group II & Group I, each outlining in clear terms,for ALL 10 Cadres,Asst to ED, LIC wrong Method 100% Eligible amount & 40 % IR,& so too ,SC Order RULE 3A,SAME 100% Eligible amount & 40 % IR it ought to be, annexed as an attachment .Please go thro,feel happy that this passing phase will disappear,when Truth is established ,as Both Groups will get due justice. Do not blame us, for it is professional calculation, all a labour of Love & sacrifice by we activists.
11)For Group I, where greatest damage takes place in 40 % IR,it will be found, that Rule 3A protects everybody with a sound principle, as so-called fitment weightage can enter calculations in principle to uplift & support decent rise in pension, which will be visible in a pronounced manner. It is pensioners misfortune that we have to wait till the end,as till then justice is blind, justice is partial, justice is deaf to full truth, justice comes in bits & pieces damaging the aged pensioners minds & hearts with a tone of tragedy ,erupting emotions which ignores the train of mellifluous thoughts in lucid,& perfect Charts to drive home the Actuals which any pensioner of any Group ought to secure in principled fashion ,without any arbitrariness & lop-sided principle adversely affecting Equity, Equality & canons pronounced by many judgements & Pay commission with force & vigour.Those salient & salubrious principles cannot be thrown away with impunity by any enlightened organisation
12)In fact,Family Pension formula itself is like a sharp-edged weapon,where Appendix V,like DR Appendix IV is a Restrictive formula to be again declared void.Central Govt, State Govt,Railways, Defence,PSEs & RBI also get flat 30 % of Basic Pay.Ours is the lowest.we say that Govt FP is higher than LIC Regular Pension.7th PC has bettered 6th PC findings on Pension & retained value added rise in pension after age 80,fabulous indeed.
13)Our FP get a pittance ,abominable,let us analyse
i)SZOffice only ,out of 269 pensioners, Family pensioners are 89,33%of total
Family pensioners getting 0 , are 6
FP getting Single digit is 25
FP getting 2-digit is 11
FP getting 3 –digit is 3
FP getting 4-digit is 26
FP getting 5-digit is 17
FP getting 6-digit also is 1, in all 89
ii)For Regular Pensioners,RP getting 6 digits is 29, 5 digits 120, 4 digits 26, 3 digit 0, 2 digit 0, Single digit 05, in all 180 RP.
iii)Analysing combined Total RP & FP,amount of 40% IR ,> Rs1lakh 30, 11.2%, 50,000 -1lac ,55,20.4%,25000-50,000 30,11.2%, 10,000-25,000 41, 15.2 % & LASTLY < 10,000 ,113 constituting 42%, in all Total 269.Total amount Rs76 lacs app at an average of Rs30,000& less.
iv)t will be pertinent to observe that in Group 1 , CPI 600 ,for the period 1/1/1986 to 31/7/1992,at Maximum Grade,while an Asst gets 40% IR Rs1169, as per LIC Method,he has to get Rs64,532 if it were as per SCOrder to pay as per Rule3A of Appendix IV of PR 1995
Same for HGA, it is Rs6350 & Rs 1,29,857 respy
Same for DO ,it is Rs9274 & Rs1,95,974 Are we not noticing the Steady UPWARD JUMP ,YES
Same for AAO, Rs15,482 & Rs2,17,599
Same for AO Rs27,002, & Rs 2,75,240
Same for ADM,Rs38,918, & Rs 3,30,997
Same for DM,Rs47,728 & Rs3,78,434
Same for SDM, Rs65,687 & Rs 4,77,,545
Same for ZM ,Rs 83,645,& Rs 6,06,303
Same for ED ,Rs 97,029, & Rs 7,66,,405
AGAIN, WE can WELL APPRECIATE HOW HIGH,100 % DR will be,WHICH WE OUGHT TO GET,after Final Verdict with Pension Upgradation.
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14)GROUP II,CPI:1148 : In Similar fashion but short form, I convey same info,40% IR as per LIC Method & SC Order Rule 3A of PR 1995
I narrated in full above for Group I ,as many do not open Attachments to enjoy the substance & relevance of the Chart.
But please open, see CHARTS B,C & D which is self-explanatory
15)
*40% IR GROUP I & II- COMPARATIVE STATEMENT
GROUP I, PERCENTAGE OF 40%IR PAID AS PER LIC RANGES FROM 02.07.% FOR ASSISTANT TO 12.66% FOR ED OF THE AMOUNT PAYABLE AS PER SC ORDER CALCULATION. GROUP II PERCENTAGE OF 40%IR PAID AS PER LIC RANGES FROM 12.61.% FOR ASSISTANT TO 32.29% FOR ED OF THE AMOUNT PAYABLE AS PER SC ORDER CALCULATION CLICK HERE
16)An optimist invented the aeroplane, a pessimist invented the parachute
Let us be optimists,realists & pragmatists ,pass through the next few months with courage & confidence,put in best quality homework to come out in flying colours at the end on 31/8/2016 deadline fixed by SC Order .As ,by all standards, pensioners cause is indisputable & pensioners case is strong & solid as a rock , with Faith & Prayers & Synergy,without murmur or sarcasm, let us cross the greatest hurdle ever in pensioners history, more so of Financial & service Sector actually enabling UOI to acquit itself creditably through crores of finance injected in various schemes but having been denied Rightful Pension ,hopefully, reaching the positive side of the shore with aplomb & distinction.All are awaiting with bated breath that auspicious Day & sure it will dawn
GREETINGS, GOODLUCK & GODSPEED,
R.B.KISHORE
VP,AIRIEF
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