PENSIONERS EMAILS & FEEDBACK FROM 1 DECEMBER,2016:SERIES No:137&138
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1)Dear members, As
scheduled, the Annual General Body Meeting, Madurai, commenced with prayer by
our Sr. EC member Sri. M.R.Srinivasaraghavan at 10-30 A.M.
The members
stood in silence for one minute as a mark of respect for the departed members,
mentioned below : M/s 1. P.Pandiarajan, 2. R.Narayanasamy,
3 B.Ramakrishnan,
4. N.Krishnamoorthy
& 5. V.Jothiram.
After
homage, the business matters were taken up.
Our vice-chairman Sri. V.Chockalingam, who can break into
instantaneous Tamil lyrics, began his welcome address in his usual
characteristic mode of greetings, with particular reference to all the New
Members, he welcomed all in flowery Tamil. It is to be reported that an all
round record number of 74 members attended the meeting.
Everyone
made self introduction.
Our General
Secretary, Sri. V.Karunaianandan, submitted the Secretary's Report for the
period from 28-04-2015 to 22-11-2016. He enumerated the various activities of
our Unit during the said period. In his report, he made
a special reference to the New FFPolicy and assured all in rendering all type
of assistance on cashless treatment under Medi-claim Policy.He also highlighted
Madurai Unit's role in the matter of other Divisions' developmental activities
and also in motivating their Unit members. He also made a mention of our
President Sri. B.Angurajan's enthusiastic role in building up our Unit into a
model one by his personal and pleasant contacts with our members, besides his
important role at All India level as " All India Organising Secretary.
Thereafter,
the ever vigilant Treasurer, Sri. S.Kulandaisamy, presented the Statement of
Accounts for the period covering from 01-04-2015 to 31-03-2016. The Treasurer had taken great pains in preparing various list of
persons who had very generously contributed towards our Legal Fund, not only
for the year 2015 - 16, but also from inception of our Madurai Unit i.e., from
03-06-2010 to till date. The consolidated and
separate break-up 'List of Donors' depicted the very large hearted members who
had donated substantial amount, whenever called for funds. It is his hope that such detailed information will motivate and
emulate others too, in joining the main stream of Donors. Following which, the members were invited to discuss on the
Secretary's Report as well the Statement of Accounts of 2015-16.
Sri. N.A.N.Narayenen appreciated the hormonious working
of the Committee Members, which was highly appreciated and recognised by our
All India Federation in taking up decisions on any important matters.
After due
deliberations, the Secretary's Report and the Statement of Accounts were
approved and passed.
Then our President delivered his presidential address, in
which he elaborately explained the salient features of our legal battle over
the matter of Up-gradation of Pension and other benefits. Following Mr.
B.Angurajan, our respected and indispensable Chairman Mr. M.P.Subramanian
vividly gave more and correct information on the present status of Supreme
Court directives regarding interim relief and other related matters.
On this
occasion, our senior members who had
crossed ' 80 years ' of age were honoured with PONNADAI.
1. Sri.
A.Venkatasamy, 2. G.Devairakkam, 3. Sri. S.Krishnan,
4. Sri. P.S.Subramanian & 5. Sri.
B.Subramanian.
Similarly, as a mark of appreciation, the highly
contributed Legal Fund Donors : 1. Smt. C. Angayarkanni,
2. Sri. N.Narayanaswamy,
3. Sri. S. Alphonseraj and 4. Sri.
S.Meenakshisundaram were adorned with shawl and honoured amidst
resounding applause.
Sri. V. Karunaianandan, General Secretary, who is well
versed in Medi-claim, spoke about the latest rules on Mediclaim Policy and
expressed his willingness to clear any type of doubts and assistance.
The
important matter of " Election of New Office Bearers and Executive
Committee Members " for the year 2016 - 18 was taken-up, under the able
Chairmanship of Sri. N.Narayanaswamy, for whom Mr. S.Kulandaisamy - Treasurer -
extended his assistance in conducting the election.
The New
Office Bearers " were elected unanimously by the General Body.It is sent
to GS,AIRIEF,Bengaluru.
We thank
the Auditors M/S : R.Dhanuskodirajan and R.Arumugam for having audited our
Accounts for the period 2015-16. They were also re-elected as New Auditors for
the current period.
Finally Sri. S.Kulandaisamy - Treasurer proposed ' Vote of
Thanks ' with particular reference to the outgoing Gl.Secretary Sri.
V.Karunaianandan, who had rendered remarkable & yeoman services to our
Association since formation of our Madurai Unit.
Sumptuous
Lunch was provided to all the members at Hotel Premnivas and the Session came
to a happy end at 1-30 P.M.
----- E.S.Victor
Dhanaraj,General Secretary,Madurai ;Cell No. 94426-84171
" We
have miles to go before we sleep " -- Nehru.
2)Dear friends,1)Some
queries were coming what happened to Charter of Demands of AIRIEF.Some may not
be aware of the wonderful BOOKLET prepared painstakingly by AIRIEF.I attach at
the end ,the 24 page Booklet COD.
Pensioners can go though the Booklet,add
whatever useful suggestions they have ,so that a Supplement can be got ready.It
is always necessary, a growing organization like AIRIEF must willingly accept
ideas,pool them under different Headings, update
periodically.No significant qualitative improvement we like as
suitable men to man such posts,take interest professionally,able to air latest info
authoritatively are not in good numbers.This is a serious handicap &
obstacle for conducive, assertive talks with Top Management.We must learn from
experience, must know how organized, with massive macro, micro data InService
Employees Unions present & yet we are mute spectators & all
appeals vanish in thin air.
Friends, please, this
is not to be, change is needed, in thinking, in drafting such talents, in a
plan of action & then meet Management Qly to give a push & momentum.Mgt
will be cautious, on the toes then, & endeavor to alert CO staff &
personnel to be ready with solutions.
So, I had to spend a lot
of time, even days to be ready & then groom to near perfection that letter
to EDPer,LIC CO
SZ does many good &
novel things to close the deficiency or lacuna in pensioners welfare,they wake
up when we bring to their notice & attention.After the ball is set in
motion, AIRIEF AIOSs both ,OBs/EC AIRIEF & RIEA President/Secretary must
avail this golden opportunity & cultivate Public Relations with SDM & Mgr OS & FUP to ensure
Nomination is done ,all
Columns completed, Alternate Nominee also provided & the other Purification & updation of Mobile Nos & Email Ids.EVEN FAMILY PENSIONERS must complete Form of
Nomination. (this list is also
received here just 2 days before, I have forwarded to my friends)where
Nomination is Blank ,FP open items are a large number,we must wake up & help &
assist them----RBK)
3)Here is AIRIEF COD
from airiefvision.wordpress.com .Read in full.offer new ideas.
Greetings for a MERRY
CHRISTMAS & A HAPPY & HEALTHY, PEACEFUL & PROSPEROUS NEW
YEAR-------R.B.KISHORE,VP,AIRIEF
3)If possible, (for AIRIEF Charter of Demands
& talks with Top Mgt,LIC CO)we can add some of the benefits our association can ask the management
to implement.
1. The pension is credited only o the first of
every month through NEFT. Sometimes it gets delayed and we get the
pension after a day’s delay. Many a time the credit comes only in the
afternoon. In contrast the State
Bank of India credits the pension on 25th of preceding month.
Even in LIC the in service employees get their salaries earlier.
Pensioners also can be given the benefit.
2. Supply of diaries is a forgotten thing for
pensioners. The officers of State Bank of India get two diaries—one from
the management and the other from the pensioners association. In many of the Nationalised Banks diaries are
supplied freely to the pensioners. We can demand supply of diaries,
calendars etc,.
3. State Bank of India has dispensaries at
various places and even retired employees can utilize the service of the doctor
free of cost. They also give medicines for chronic diseases free of cost.
For instance, they even give insulin injections free of cost. LIC have connections with doctors and they even easily open
clinics to cater to the needs of all. For persons have chronic problems supply
of free medicines would be a boon. In my case, I have glaucoma and I have
to put eye drops every day for life. These eye drops cost me around Rs
1000 per month.
4. I do not know whether the pensioners are covered under term
assurance. State bank has it.
Implementations of these
plans do not cost much and LIC can do it without rushing to the Central Govt for
approval-------------Nagendra babu
4)Dear Mr Kishore, When Mr M.R.Dass, Dev. Officer
(Retd.), called me from Vyasarpati, MADRAS-39, the other day and told me about
the reason for that little bit of delay in your writing to him being your
indisposition, I thought that it might be something passing, an inconvenient
aberration, annoying but not serious, but am concerned to note that it is
cellulitis of the leg ( which should disappear in about a month if treated properly by
an expert dermatologist ) and more so that there's varicose veins also which is
something serious and will pester one off and on, even with care by an expert
vascular surgeon, making the quality of life suffer.
One has to hand it to you for your tenacity in pursuing what you set out to pursue, unmindful of adverse circumstances and / or physical discomfort in the interest of the pensioner community by leading a team of pensioners to present memoranda to the officers of Southern Zonal Office and Chennai D O 1.
The Sr DM of Chennai
Division 1 (Mr Venkataramanan)'s comment that he would accept the memorandum as
it is a formality in any case throws, if
you ask me, some light on his way of thinking and what to expect if he reaches
the position of an Executive Director / Managing Director, not to speak that of
the Chairman. But the memorandum
WAS read out to him and not merely handed over - thanks again to your laudable,
no-nonsense approach.
Warm regards.--------------------------------------P. Ramanathan.
5)i)Atlast we have decided
to proceed to USA to join our son & dil on 15 dec 2016.I go after 13 years
! I am available on usual &
customary emails, rbkseetha@yahoo.com & rbkseetha@gmail.com
& also WhatsApp 9198403 40591
& 9196000 06582,which is free & quick.
ii)In fact, so many
niceties of internet, I learnt last many years after retirement & I was
constantly in search of new methods & tools.When Gmail came to 84 % usage & warned,as gmail is only 15
gb,whereas Yahoo is 1 trillion gb. mindboggling & Yahoo will be taken over
soon,I cld locate, & last week paid Rs130pm thro Debit card to get 100 gb,as without constraint I
can use.
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6)Respected Sir,1)You are
proceeding to USA tomorrow.
I wish you both a very comfortable
and enjoyable journey.
Please devote your
energies to recoup your health and enjoy your stay at Las Vegas with your
beloved son & daughter in law .
2)The people here in India do take
care of the legal case as promised by Shri S S Saxena and other OBs.
You have done lot of
work for the AIRIEF since it's inception at the cost of your health.
Your devotion to the
sacred duty of the welfare of all the pensioners is commendable and is
unparalleled in the history of the Associations.
You have used every
opportunity to discuss the pensioners issues with the LIC Management at
various Levels.
3)I thank you for
your guidance and inspiration and blessings in starting the blog.
You are always the first and at times only one to appreciate and
greet me in the blog hitting various milestones.
I hope to continue to receive your guidance and blessings from
there also.
4)Kindly convey my love and
regards to your son and DIL-----
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---------RKSahni
7)Dear Sir, I fully agree with every
letter of Shri. R.K . Sahni. Kindly do take care of your health and
enjoy your time with your son, DIL,grand children and relatives and
friends who are here in US. I am sure they will visit you to seek your Blessings
in Bounty. X'mas holidays and New Year Day will make
it doubly sanctified. Here
even our own people celebrate it much as we do in Chennai for January 1st
and then following Pongal. In fact Festivals are meant to encourage
and realise the true spirit of comradeship with all our
environment and appreciate its grandeur
With Kind Regards to you and your
Mrs. and enquiries to all your near and dear ones
Yours,-----------------S.R.Nagarajan
8)Dear friends,1)AIRIEF President, GS, Treasurer &
all. of course,must be so happy ,a decent ,handsome amount, in times of need,
when legal action is thick at DHC & later at SC,is the most
welcome.RIEA Chennai has done just that to contribute to LFKitty of AIRIEF
2)Sure , our other
sister RIEAs will rise to the occasion & assist our parent body, during the
last crucial stages of our legal proceedings
3)GS,AIRIEF has sent to all RIEAs a circular with
an Appeal significantly worded to garner support for the everlasting ,memorable
services done by AIRIEF to all groups of pensioners in its historic 20
years of fruitful existence.While
all other Petitioners in DHC also are engaged in collecting LF
donations, we must dispatch the APPEAL immediately not only to the extent of
FEW copies sent by GS, AIRIEF but to ALL Members of RIEA, &ALSO TO
EARLIER MEMBERS who for one reason or other did not renew &
to Recent latest
RETIREES who joined the bandwagon of Pensioners & who can contribute
PRINCELY donations, in view of large arrears they received for which also ,like
POST -8/2012 Retirees for whom payment was getting delayed, I personally took
up the matter with CO IT SD, who sooner released the Programme &
Module, which enabled Offices to disburse arrears without further loss of time,
then
4)I am requesting Sri
RKannan, Treasurer,RIEA Chennai to take out XEROX copies soon, & sit with
colleagues like S/sriRKDeivanayagam,
Sankaralingam,Muthuswamy,GVenkatachalam,CPGururajan,KRRamani,&
post immediately,so that APPEAL will reach them,apart from copies which GS
AIRIEF has sent&many may respond in view of gravity of the situation.
Greetings & warm
regards,------RBKISHORE, VP,AIRIEF
9)Dear & Rev Tyagiji,1)Glad to receive ur email with wonderful photographs of urs with Sri
VKSharma,Our Chairman
All the more happy, u
spent some useful time with him , discussing many points of pensioners to be
resolved by LIC
Sure ur dialogue will
pave the way for eminent PR & also to break the ice on many simple issues
too ,which are unfortunately pending for long
Pray u use ur good offices
in speeding up processes, reduce timelag, insulting for pensioners, as many
have departed to Heaven, sad
Continuous thrust will
enable better appreciation & hasten solutions to pensioners
2)I
am attaching my email to him on FlRST NEWS OF HIS APPT as FULL Chairman for 5 years,on the day when we left for Las Vegas, USA to be with our
son/dil.I amcoming to US after 13 years !
Greetings & warm
regards, MERRY XMAS & A HAPPY & HEALTHY, PEACFUL & PROSPEROUS NEW
YEAR
R.B.KISHORE
VP,AIRIEF
Subject: Important Suggestions for Negotiations with
New India on 2017-18 Group Master Policy
10)Dear Sri Sharad
Srivatava, FOR
YOUR KIND & PERSONAL ATTENTION PLEASE
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1)I append below good & useful suggestions sent by our RIEA Kanpur from Sri PremSrivastava,GS,in an email addressed to LIC Chairman.(already sent to all my email ids)They need careful consideration & acceptance,and they are realistic.
2)As
PREMIUM this year 2016-17, was unbearably high by 43 % ,Basic Sum Assured
must be stepped up ,doubling the same,& allowing rebate to continue to
soften the rigours of high premium swallowing a big chunk of low pension for
pensioners.This must be seriously thought of & a via media solution
is a MUST.
3)Some additional
benefits have to be claimed.
Room Rent is a
bugbear.Rules re room rent,when it is higher than Limits
prescribed,a penalty is virtually imposed through corresponding
proportionate reductions in ALL Expenses incurred during
hospitalization. It is unethical therefore, to reduce
reimbursement cost of all medicines, pathology Lab tests etc by same
proportion & thus disallow a major expenditure legitimately incurred, Both
have to be dissociated.
4)Equally,the tendency to somehow enhance
NonAdmissible expenses or Non Medical expenses must be abhorred. Not
allowing Non Medical indicating as OMNIBUS ---ROOM SERVICE CHARGES,during
Hospitalisation also looks unethical.We are aware which smaller things
like gloves,blades,syringes etc cannot be claimed ,which are indicated in
Master policy ,& many of us do not include such petty items.
5)Though some
progressive improvement is there on including New Items under ORGAN TRANSPLANT,we earnestly plead that in tune with modern
surgical developments,spectacular as they are, OTHER ORGANS, where
such transplants are already in vogue ,such should be AUTOMATICALLY INCLUDED
for the benefit of the INSURED Employee & Pensioners
6)Many pensioners are suffering from wasting
diseases which need attention, dangerous diseases of heart,kidney,brain
etc,where anytime Hospitalisation may become necessary series of Consultations,
Special Reports like ECG,Doppler Test,prescriptions for various medicines
etc,which combined with Consultation Fees, amount to a significant chunk of
expenses.Here too, in the interest of overall criteria
& Holistic Health of insured,New India must be persuaded to allow a Fixed %
of such expenses, after receiving Claim Form with particulars,Many have
represented to us ,what to do for such rising expenses & so, we beseech you
to extract this benefit in right perspective. It must be mentioned
,at this juncture, that almost all Pensioners spend a lot throughout the Year
for Self & Spouse,on other illnesses & diseases &it is a wellknown
fact & this we have kept outside the domain of discussions bearing silently
the cost for survival.
7)It is high time New India is persuaded to
change their thinking for outright non-inclusion of ANY TYPE of DENTAL
treatment.It is farcical to say that only beauty, fashion become talking points
when one deals with Dental problems, it is not so, so many common deficiencies,
get aggravated if not treated properly,Such items can be included & if need
be SUBJECT to a ceiling of CERTAIN % of SA.Many times, such
provisions are not used pointing out its RELEVANCE in the interest of
EQUITY
8)We have been including
in AIRIEF Charter of Demands, that in view of rising number of employees/pensioners
having to go to Foreign Countries,Our mediclaim Master Policy itself must
contain additional provision of OVERSEAS INSURANCE, .so that by
paying small extra premium for this, to obviate the need for approaching GICos
& completing all the paraphernalia to secure Travel Health Insce.We shall be extremely indebted to you for this
kind provision to be incorporated by New India before it is finally
inked.
9)Many are still outside
the purview of FFPolicy .There was a golden opportunity for LIC to
announce One More Option when they introduced Family Floater Policy wef
1/7/2014 .They will be willing to join the scheme again since FFP is a
comprehensive Basic & Optional SA Cover.. We plead with you to allow one more Final Option
to all such pensioners who have gone out of the scheme to join the medi
claim scheme.This will be greatly appreciated & a forward-looking
empathetic consideration .With your benevolent decision to ensure deduction of
mediclaim premium in equal instalments having been put on place,this
offer of One More Option will be a boon please.
10)RBI DGM HRD &
RBREAssn OBs have many times detailed talks on TPA re doubtful matters,
repudiated cases,disallowed items ,etc & lot of openness is maintained
& step by step improvements are done & irritants removed.
It is a WORTHWHILE
EXERCISE & LIC as a progressive enlightened institution must also set an
example,Zonal level TPA meeting to take place Qly, & also at CO level of
ALL TPAs This must awaken the spirit of TPA lest they may bulldoze
OS Dept,employees & pensioners as an indirect acceptance of whatever they
do.
11)We want you to be our Saviour to protect our
interests & ensure New Year 2017-18 witnesses no shock like last year
with unprecedented hike in premium,but many significant improvements,
value-added inclusions to bring peace & tranquility to the family of LIC
Employees & Pensioners
I was not well ,not too
good even now after 3/4 months of Cellulitis of leg & acute Varicose vein
AIRIEF of all classes
of employees takes pleasure in wishing you, your family, insurance fraternity MERRY CHRISTMAS & a HAPPY & HEALTHY, PEACEFUL
& PROSPEROUS,NEW YEAR 2017
GREETINGS & WARM
REGARDS,--R.B.KISHORE,ED(Retd),LIC;VP,AIRIEF(ALL
INDIA RETD INSCE EMPLOYEES FEDN)
11)Dear Mr Kishore, Ever
mindful of pensioners's welfare but unmindful of one's own health?
Wherever pensioners stare at problems you
MUST hasten to help solve them, being true to your nature, feeling the problems
as your own, reminding one of the famous four lines in a poem titled
"Africa" by the Malayalam poet N.V.Krishna Warrior (it was with a purpose that he chose this spelling for the
usual Varier or Warrier) :
"à´Žà´™്à´™ു മനുà´·്യനു à´šà´™്ങല
à´•ൈà´•à´³ി-
ലങ്à´™െൻ
à´•à´¯്à´¯ുകൾ à´¨ൊà´¨്à´¤ീà´Ÿുà´•à´¯ാ-
à´£െà´™്à´™ോ
മർദ്ദനമവിà´Ÿെ à´ª്രഹരം
à´µീà´´ുവതെà´¨്à´±െ à´ªുറത്à´¤ാà´•ുà´¨്à´¨ു "
Transilteration : Engu manushyanu
changala kaikali-
langen kayyukal
nondeetukayaa-
nengO marddana mavite
praharam
veezhuvathente
purathaakunnu.
Translation (rough) :
Wherever man's hands
are in chains
It's my hands
that hurt;
Wherever there is
oppression
It's on my back
that the blows fall.
"....I remember I had taken
up with SZO last 2/3 years that it is unnecessary to go on asking mechanically
this Family Particulars Form ,from ALL pensioners EVERY YEAR...."
Yes, indeed, especially when there is a
provision on page 2 of the form reading : "I undertake to keep the
Corporation informed of any change in the status of my family."
Another baffling feature of such an
innocuous form is the necessity for a witness to sign it😞
I will never forget
in a hurry the untiring efforts undertaken by you to make an unreasonably
obstinate OS/Mediclaim of Chennai D O 1 fall in line in deducting MEDICLAIM
premium for the policy year 2016-2017 from pension of pensioners.
Keep well. Regards. -----------------P. Ramanathan
12)Respected brethren, It has perturbed us much when it was found in
the Court order in respect of proceedings on 8th of Dec 2016, at DHC that some
one had said something. While the entire
community of LIC pensioners are anxiously awaiting final orders from DHC on or
before 31st January,2017, some such attempt from any quarter may thwart our
ultimate goal of obtaining a decisive favourable judgment from the Apex Court
within a month or two i.e before 31st March, 2017. Sri. R.B.Kishore and some
other leaders have expressed their anguish over a particular expression in the
order and have appealed for unified approach with a determination to commence
arguments without giving any room for adjournment beyond 31st January,
2017.They do not wish to accuse any body.
Let us not
concentrate on any other issues other than our foremost aim. We are not
interested in finding out the source for some ugly distractions. The very fact
that none is coming forth from any corner owning responsibility for such
request -- against the interests of the 50,000 pensioners --
shows that there might not have been such an attempt from any of our
organisations. Would it be wise at this stage to probe into this ?.
So, we expect
that our case managers conduct themselves with a single motive of putting forth
winning and convincing arguments based on established legal grounds through our
eminent Sr.Counsels against the sinister moves of the opponents and come out
with colourful results.
Let us set
aside all other silly episodes and exhibit our prime motto unitedly to the awe
and dismay of our disturbing forces.
With affection,-----------------------------------M.P.Subrahmanian.
13)SELECT EXTRACTS FROM MY WRITE-UP SENT 5 DAYS BEFORE
*CLEAR & PATENT CAUSES to grant PENSION UPGRADATION : SUCCINCT
SUMMARY
B)
I) i)6676/1998 onwards 18 yrs& more , is it not enough to bear the
AGONY with patience, perseverance, endurance & this must ,therefore,
end this ding-dong ,which has cost us heavily.
ii)Above all, we know primarily , we
set store on
*Constitutional Principles,
**Fundamental Rights,
***Discrimination to end at any cost as it plays
havoc,duly supported by valid case laws ,& Simple Tables & Charts for
illustration, which capture the heart of the matter,
7 steps below getting more pension than their Seniors.
Such widening, gaping, monstrous Anamolies must be put an end
to.
iii) Basic Pension unchanged& static
right from 1/11/ 1993 ,a long long 23 yrs !! is
unthinkable & unjust; it will be a travesty of justice, building up,
perplexing anamolies, glaring discrepancies & unbridgeable paradoxes, 7/8 cadres below,a Peon &
RC getting more pension than pre-8/1997 ZM & ED & so,has to
be redressed,by LIC& UOI only by DHC & SC, by an esteemed
,pathbreaking Judgement.
iv)Basic criteria is grant of similar pension for all those with same length of service for the same cadre & that is
violated. It is an anachronism that LIC pensioners still continue in pre-1995 IV Pay Commission mode whereas 7th PC has
been implemented & arrears paid.
v) The pathetic condition of a
class of people arbitrarily alienated from the beneficial stream of pensioners due to delay, dither,
& what is arbitrary is unconstitutional,
vi)
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 .
vii)Nothing should
be in derogation of Fundamental Rights or any 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,
viii)) 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 & more than 15,500 pensioners have already
died.
ix)We are living in a
Welfare State, a Socialist pattern of society, in an egalitarian
economy,& so, when
Pension is treated as a Property
Right,also as a Human Right, inviolable,
all the more necessary
to worship concepts of Equity & Equality enshrined in our
Constitution. Such discrimination must be put an end to & our Sr
Counsel must ably present these multi-pronged arguments & logic with
clearcut submissions & pave the way for a clear& comprehensive Verdict
in pensioners favour,without any doubts or ambiguity or
susceptibility to different interpretations, as all along that has consumed
such large time factor,which when Elders are part of the subject matter can be hastened as an
obiter dicta ,without any more adjournments & sticking to time Schedule
prescribed by Hon SC Bench.
x)Hon Justice Dipak Misra & Hon Sapre thundered, as recent as
1/7/2015 “ The question is whether inherent,
apparent, or latent discrimination is permissible.
in our view, the short answer is that, it cannot ever be
permissible ’ . -------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. so
said Hon
Dipak Misra & Hon Sapre in the case of Rajasthan Govt Teachers &
University staff.
xi)Hon Justice Dipak Misra has referred in SC Order dt 31/3/2016 about this LIC Letter to MOF. LIC SECRET LETTER dt 31/12/2001 which
forcefully stressed
the ‘need to rationalize the DR structure available to different
groups of pensioners in order to reduce the administrative
inconvenience & also to see that different generations
of pensioners are protected by merging the pension to a suitable index.’—,also reminded MOF/UOI on 12/8/2003
to sustain this principle ,so successive pension revisions at CPIndex 600,1148, 1740,
2328,2994 & now 4708.
We HIGHLIGHT
this crucial piece of LIC’s own letter to MOF/ UOI as this concept was
already in the making but Bureaucracy never rose to the occasion to take honest
decisions within definite stipulated time frame, as otherwise, it becomes a
burden for all to wait & wait, watch& watch ,with no end results.
xii)There is no provision in Pension Rules 1995
that Pensions should not be revised. On the other hand, Rule 5(3),Chapter III of
Pension Rules,1995, ‘the Corporation shall be a contributor to the Fund & shall
ensure that sufficient sums are placed in it to enable the Trustees to make due
payments to the beneficiaries under these Rules. Rule 13(b) states , ‘ the Trust
shall, subject to the availability of additional sums in the Fund, to be
provided by the Corporation as required under Rule 5(3) to purchase additional
annuities as & when it becomes necessary to revise upwards the benefits
payable in accordance with these rules
II)It is ,therefore, very
much desirable that this issue, not a
controversy, as many are already
enjoying the benefit , & past decades have witnessed Case laws ,after
delving deep into the niceties & holistic ramifications of the issue ,with
absolute neutrality. Many case laws became a
Magna Carta for pensioners & rightly so. Sr Counsel must plead with all humility & modesty, to
DHC& later SC to consider our genuine, modest& legitimate demands,
i) in this era of
benevolent wage settlements with a thumping rise in salary & other
incidental allowances & benefits,
ii)handsome Retirement
bonanza, compared to pittance earlier Pensioners got,
iii) several disabilities
of Elders unique to them casting monetary burden,
iv) many
many, around 15,500 pensioners have already died,a tragedy none else
cares,
v) rising tide of
Family Pensioners enabling LIC to gain relief in Regular pension outgo,&
vi)more so as NPS
already started from May 2010 ,this Group of eligible
Pension upgradation, will become a CLOSED CADRE.
C)i) Strange LIC & UOI Counsels
were able to somehow, by hook or crook,got so many extensions &
adjournments, so too we must put an end, here & now, so our own Advocates should also by their eloquence, by the strength of their arguments touch the
deepest chords of the Delhi HC Judges Bench. If grounds for such
challenge are not delineated, again Sr counsel is not
fulfilling his sacred duty.What is the rule, what is
its validity, how it violates Article 14 are
queries raised by Hon SC Judge Dipak Misra, & now Hon Khanna DHC ,conveying
Stress on Law points, Legal intricacies involved, how adverse impact on
pensioners felt from standpoint of Constitution etc,& so have to be
presented ably by Sr Counsel. THESE must be told to Sr
Counsel, as these pertinent observations giving pensioners the last OPPORTUNITY to get back & turn the case all in pensioners
full favour.
ii)Pleadings are not
adequate, as all unassailable arguments & data furnished in writing
to Advocates & Sr Counsel are not utilized fully & properly.It is possible Advocates & Sr Counsels may win a case, even
with simple, ordinary presentation & so job done, fees paid, that is
all. HERE WE ARE FIGHTING for 17/18 years. so COMBINED MIGHT OF LIC, UOI have
to be thwarted.
D)Full DR &
100% Neutralisation: Convert this issue to an easy & confident
Achievement
I) i) SC Order of Hon Justice Misra , dt
31/3/2016 details paras on “APPENDIX IV OF THE 1995 RULES IS PRINCIPAL PLINTH OF QUARREL,”
Now Hon Justice Khanna also feels pleadings
went awry in some way & Advocates were ill-prepared.Our Sr Counsels must be
sure of what they say & strongly make submissions so convincing, so
accurate & goes to the heart of the matter, Hon DHC Bench can digest &
seemingly approve ,as it must be clearcut & steadfast presentation in
a graphic manner, with facts & figures & striking at the Kernel of the
truth of Issues to be decided .
ii)The Notification dt 22/6/2000 divides pensioners into 2
groups –pre 1-8-1997 and post
1-8-1997. 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
iii)
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. 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)
iv)The Amendment is a
deliberate calculated move, is highly artificial &arbitrary and violates
the Fundamental Rights of Equity & Equality. guaranteed under Articles 14 and 16 and also the Right to life
and dignity under Article 21 of the Constitution. Sr Counsel
has to convince the DHC Bench 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 .
II) i)(ANNEXURE )
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)DR per Slab for Group VI
ranges Rs25.68 ,29.90 for
Asst, HGA to Rs55.238 &
62.148 for ZM & ED respectively .
DR LOSS upto 31/7/2016 ranges for GROUP I for Asst &
HGA Rs39,338 & Rs1,19,508&
For GROUP II
(1/8/1992—31/7/1997) Rs 61,165 & Rs97,788 &
For GROUP I, DR
LOSS for ZM & ED will be Rs 10,18,644 & Rs 11,60,560 &
For GROUP II, Rs
7,79,030 & Rs 9,48,932 respectively
iii) Kerala HC in the case of
Chandrasekara Menon T vs UOI & Ors, ruled , “the object of
compensation is the fall in the value of the rupee & the neutralization in
cost of living is completely defeated by payment of DR after reducing
slab at all stages& that Pensioner drawing a monthly basic pension of
Rs3000 is treated on par with a person drawing a basic pay of Rs6000 in the
matter of payment of DR/DA,which is unjust & unreasonable.’’
iv) Since the component
of inflation similarly affects all employees, and all pensioners (irrespective
of the date of their entry into service or retirement), it is not per se possible
to accept different levels of dearness relief to remedy the malady of
inflation.
For this reason as expressed by the Hon’ble Supreme Court in the case Kallakkurichi
Taluk Retired Official Association, Tamilnadu Versus State of Tamilnadu
(Civil Appeal Nos. 8848-8849/2012) the Dearness Relief to the Retired employees has
to be increased every time and equivalent to the Dearness Allowance paid to
the in-service employees.
III)i) In order to make this still more
transparent& doubt-free, one has to refer to GOI,MOF, Dept of Economic
Affairs,Insurance Division letter dt 10/04/2002, to Chairman,GIC &
Sy General, GIPSA ,Mumbai on Subject :Upgradation of basic pension in respect of LIC
pensioners retired between 1/1/86 and 31/7/97,wherein UnderSy to
GOI mentions ,enclosing a proposal received from LIC relating to
upgradation of basic pension, ‘and are getting graded relief on pension
based on AICPI of 600 points for those who retired between 1/1/1986 to
31/7/1992 & 1148 points for those who retired between 1/8/1992 & to
31/7/1997. It is now proposed by LIC to upgrade their basic pension by
merging DR upto 1740 points with their basic pension & then providing 100%
neutralization wef 1/8/1997 as is admissible to other pensioners
who retired on or after 1/8/1997 ”
ii)On the basis of our Sr Counsels
presentation on DR discrimination & very powerful case laws & need for SAME DR
as SAME DA to Employees & here Post-8/1997 pensioners, it goes without saying
DHC will order Merger of Principled Correct DR & not 50 % as hitherto,
interpreted wrongly by LIC , to bring about EQUITY & EQUALITY in LAW &
ending Discrimination ,so blatantly visible.
iii)We
must,therefore, bid goodbye to the OBNOXIOUS DR FORMULA ,
DAMOCLES SWORD OF APPENDIX IV, VILLAIN AND OBSTACLE for PRE 8/1997 pensioners graphically presented, DISCRIMINATION
RIGHTLY EXPOSED .
IV) Thus,even irrespective of
the Board Resolution,on sheer grounds of discrimination between pre-8/1997 and
post 8/1997 pensioners,which has to be set right and further as such anamolies
adversely affect the Fundamental Rights of citizens enshrined in
Constitution,depriving them of Same rate of Dearness Relief as is given
to in-service employees, in flagrant violation of equity, equality &right
to good life and living. A Chart of DR per slab for pensioners losing
heavily continued DR difference for many years now clearly proves the
increasing DR per slab difference over various CPIndex(IW)2001 of
600,1148,1740,2328,2994,4078,the last two representing wage settlement of
1/8/2007 and 1/8/2012 unmistakably proving the phenomenal loss of DR silently
suffered by pensioners of different Groups I,II,III,IV,V.--------R.BKISHORE,VP,AIRIEF
14) Let the New Year bring you
-a mine of
precious riches to enjoy
-umpteen golden
opportunities to prosper
-fertile and
fruitful chances to blossom into perfection
-unlimited
joyous experiences to share with
And
-plenty of peace
to profit by and live harmoniously
-Let
your life become lively,
-your home a
heaven of bliss and peace,
-your thoughts
lovely and loving,
-your actions
nobler and glorious,
And
-your
association a guide to better living,
-and a light for
enlightenment !!
Joy is a Picture we paint in our minds,
Love is a Castle
our hearts hope to find.
Remember the world`s longest word is S-----mileS,
Growing older is mandatory;growing
up is optional,
Life is not measured by the number of breaths we take,
But by the
moments that take our breath away.
Think like a man of Action, act like a man of Thought,
Some people come
into our lives & quickly go,
Some people move our souls to dance, they awaken us to
New understanding with the passing whisper of
their Wisdom,
They stay in our Lives,leave footprints in our Hearts & we are
Never,Ever the same.
May God help you to have Goodness & Godliness within
you.
you.
R.B.KISHORE
SEETHA KISHORE
15)Best wishes for a happy and prosperous new year. I
am amazed at your resume and the points for Sr,counsel. With regards,..--------Nvkrishnan
16)Respected Sir,Wish you and all in your family a
very Happy, Healthy, Peaceful and Prosperous New Year. Regards.-----------------RRNair
17)Dear Mr. Kishore, Thank
you for your greetings and reminding us of the great sayings. I heartily reciprocate the kind sentiments and wish you
health and happiness in the New Year and in the years to come.Regards,-------------S. V. Narayanan
18)"In every thing there must be a season,
a time 2come and a time 2go.
I pray that this New Year brings
2you happiness and joy 4ever and ever."-----------R.N.BHARGAVA
a time 2come and a time 2go.
I pray that this New Year brings
2you happiness and joy 4ever and ever."-----------R.N.BHARGAVA
19)Will anyone take a print out of your writing and hand over to
sr. Counsel? Or you will send direct to them by e mail? I wish you did it..---------.Nvkrishnan
20)Oh what an
elaborate guidance to the SR counsel for presenting our case in the DHC
on 4/1/2017 The entire Note may be made an affidavit and presented before
the Honourable Judges if permissible for winning the case. Even at a very far off
place (US) your concern is Pensioners' welfare. We are really very fortunate to
have you as our VP---------GRamamurthy
COLLECTIONS: R.B.KISHORE,VP,AIRIEF : 31/12/2016 :Las Vegas,USA
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