Deciphering the Delhi HC Verdict

Dear members,

I had sent the gist of verdict prepared by Shri.C T Joshiji and also charts of Shri.R K Sahniji. Even after going through all these materials, the concerned pensioners would not get the clear idea as to what actually is in store for them. For more clarity, i deciphered the verdict and give here below my reading in between the lines-

1) It is the worst verdict we ever got in the long legal battle of 19 years!

2) There are two petitions- a) for those retired on or after 1-8-1997. For these with every wage revision basic pension up gradation was demanded. Verdict has totally rejected this demand and hence pensioners under this category do not get a single paisa more than what they are getting now. Their basic pension remains the same which they had at the time of respective date of retirement till date.

3) For those retired prior to 1-8-1997, Dearness Relief was demanded through another petition, at 100% neutralisation and also DR slabs were for exactly half the basic pay compared to in service employees.Means for those retired from 1-1-86 to 31-10-1993, first slab is up to Rs.1250 basic pension whereas for existing employees at that period, fist slab is Rs.2500 basic pay. Means there were two anomalies- DR rate is for half basic pension compared to existing employees and secondly DR was on tapering basis but not 100% neutralisation.The verdict neither doubled the slabs of basic pension to give DR nor 100% neutralisation ordered. Hence those retired from 1-1-1986 to 31-7-2007, they continue to get DR on half the basic pension (slab wise) and lesser DR than 100% neutralisation.

4) The judge has ordered 0.29% DR for basic pension above 2130 up to 3850 for those retired from 1-1-86 to 31-10-1993 and 0.23% DR from 1-8-97.This results in no increase whatsoever in DR payment to those who retired in the cadres of sub staff up to and including HGA/DO

5) The judge has also decided in case of those retired from 1-11-93 to 31-7-97 that above basic pension 3850 DR be paid at 0.23% instead of 0.17%.

6) Minimum basic pension as per latest wage revision is guaranteed to all pensioners irrespective of their date of retirement.

7) Hence relief is given with lesser %  and much below 100% neutralisation.

When i deciphered the verdict in its right perspective, the following inference is drawn by me-

A) From 1-8-97 all retirees retired from 1-1-86 to 31-7-97, should get same DR rate as 0.23% in tune with those retired on or after 1-8-97.

B) For those who retired from 1-1-86 to 1-11-93, their DR as on 1-8-97 is to be calculated at 0.29% for above 2130 basic pension instead of 0.17% and thus arrive at total DR as on 1-8-97. As per LIC's calculations (which we have contested) such DR as on 1-8-97 along with their basic pension constitutes revised notional basic pension and on this amount 0.23% DR should be paid fro 1-8-97.

C) For those retired from 1-11-93 to 31-7-97, their DR as on 1-8-97 is to be calculated at 0.23% for above 3850 basic pension instead of 0.17% and thus arrive at total DR payable as on 1-8-97. As per LIC's calculations (which we have contested) such DR as on 1-8-97 along with their basic pension constitutes revised notional basic pension and on this amount 0.23% DR should be paid from 1-8-97.

D) Arrears are payable from 18-12-1998 (date of first writ petition) up to 30-4-17 to all those retirees retired from 1-1-86 to 31-7-97 as per calculations stated in A,B,C above.

Hence to this extent the charts prepared by Shri.R.K.Sahniji for Group I & II are to be modified by him as per D above.

We shall wait and see as to how LIC reacts to  the verdict.

I have once again enclosed here with a) Delhi HC verdict dtd 27-4-17, b) The write up of Shri.C T Joshiji and c) Charts for Gr I &II prepared by Sahniji (which of course have to be modified)

I request all our office bearers to explain the above to affected retirees who have no access to computers/smart phones since i am not sending this letter by post to all.Yesterday we have already dispatched write up of Joshiji and Charts of Sahniji by post to all our members.

Ashok Joshi

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Posted By Blogger to PENSIONERS' VOICE & SOUND TRACK Editor: R K Sahni on 5/14/2017 06:48:00 pm