Periodical revision of pension. -KIND ATTENTION OF ALL THE PENSIONERS. -TO THINK OVER & deliberate.

Dear Mr Aggarwal,

I would only like to respond on a few of the points raised by you.

You have always been questioning the wisdom of the various Associations in having filed the WPs/SLPs separately instead of supporting the individuals who were already fighting the case.I would like  to state that all the Associations have done the right thing so that the issues before the Supreme Court will be settled on a representative basis for pensioners as a whole instead of for the benefit of a few petitioners who had only approached the court earlier.The M C Jain case is typical where it has been implemented(even though in a wrong way by LIC) only to extend the benefit to Mr M C Jain while there are more than 320 similarly placed pensioners who have been denied the benefits even after three years after the S C judgment.Now the cases  iniated by the Associations are proceeding in a better organized manner.

Secondly,you have stated that the Pension Rules 1995 have to be amended by Parliament.Even if SC has mentioned so,the simple fact that  the Central Government has the powers to make rules under Sec 48 is enough to conclude that It need not go to Parliament.If and when the SC allows our prayers as made in the SLPs,the Central Government has per force to amend the LIC Pension Rules to conform to the judgment if it goes in our favour.In fact, as things stand arising out of the DHC judgment of 27/4/2017,the Central Government is required to amend the LIC Pension Rules to make changes in the DR formula as stated in Appendix IV.

As regards your suggestion for all the Pensioners' Associations to jointly approach the Central Government,considering the antagonism prevailing in the Government for the Pension revision of Bank & LIC Pensioners,It is too much to expect any positive outcome.If at all justice has to be dispensed for pensioners,it can come only from the Supreme Court.Even though various Associations are fighting the legal cases separately,the cause is the same and the prayers are identical.So there is unity of purpose without patent  collaboration.As long as there are no contradictory approaches to the detriment of pensioners,we can take it as a unified fight.

Let us hope for success for all the petitioners,so that LIC pensioners will be the ultimate beneficiaries.

Kind regards.

C H Mahadevan

On Saturday, December 9, 2017, H K Aggarwal <aggarwalhk@hotmail.com> wrote:

Dear Sh. RB Kishoreji,

              Re: Periodically Revision of Pension.

Hope this will find you in good health and fine spirits.

I thank you Sir, for forwarding mail of retired RBI officers, who have,  taking clue from  recent Supreme Court Judgment in PADMAWATI case, rightly approached RBI Governor on the issue of periodical revision of pension as the solution lies with the RBI Governor.

 Similarly the solution of LIC Pensioners demand of Periodically Revision of Pension lies with the GOI/Parliament as finally concluded by the Supreme Court in their Judgment dated 31.3.2016 in CA Nos. 8959-62  LIC & othrs vs KML Asthana & othrs, while transferring the cases to Delhi High Court for deciding on Constitutional validity of Rule 3A (relating to DA) of  the Appendix of Rules, and also fixed time frame for DHC upto 31.8.2016. 

 1. Please   See para 15 of SC judgment dt. 31.3.2016.
"............On a perusal of Section 48, it is clear as crystal that conferment of benefit, either pension or anything ancillary thereto has to be conferred by the 
rules and the rule as prescribed under Section 48 of the Act is to be tabled before the Parliament. In the absence of a rule, in our considered opinion, no benefit can be granted on the basis of the resolution passed by the Corporation.
2. See para - 23 sc judgment dt. 31.3.2016.
"...........However, we may clarify that we have not expressed any opinion on the merits of the case, except that the resolution could not become operative unless it was conferred the status of a rule as provided under Section 48 of the Act."
3. See para 29 of SC judgment dt. 31.3.2016.
"............what we have finally concluded, namely, that the resolution could not have been given effect to without framing a rule by the Central Government.".

At this point of time LIC Pensioners Associations should have continued their support to the respective Petitioners and enabled DHC to decide the constitutional validity of Rule 3A within the time schedule ie. 31.8.2016, and on the issue of UPDATION approached the Central Government.

But unfortunately this did not happen. Instead Fresh Writs were filed by Hyderabad Assn. followed by AIRIEF and AIIPA in DHC and the result is  before us. DHC  has  rejected the demand of revision of pension despite the fact that  all available arguments, case laws , constitutional previsions etc. etc. were advanced in the writ petitions,  and now the question is - how far fresh SLPs will be helpful UNLESS  rules are amended by Parliament . I am afraid we are again trapped in a futilesrr legal battle involving heavy costs and the matter is  now pending in the Supreme Court, where as the solution of UPDATION/REVISION of pension lies with the Union of India/Parliament as concluded by the Supreme court in their judgment dated 31.3.2016.   Further a million dollar question arises :-

"' WILL IT BE LEGALLY POSSIBLE FOR HON'BL SUPREME COURT to allow UPDATION (Revision of Pension on every wage revision of existing employees) UNLESS CENTRAL GOVERNMENT AMEND PENSION RULES in this regard." 

Sir, as RBI Retirees, taking clue from a recent SC Judgment, has rightly approached RBI Governor on this issue,  all LIC Pensioners Associations should also approach the Central Government on the issue of Periodically Revision of Pension citing Supreme Court Judgment dated 31.3.2016 ( paras 15,23, 29).

As you are aware many individuals like me have set the ball rolling by addressing petitions to the Prime Minister in this regard, but a united action at all India level is the need of the hour particularly when  the Prime Minister and his cabinet colleagues have been talking of elimination of any  discrimination or injustice to any section of the society. In our case Supreme Court has indirectly supported our demand of Revision of pension but in their view unless the Parliament amend the Rules no benefit can flow. So there is  need to directly  approach the GOI/Ministry of Finance.

Sir, Since you have always been the beacon light and a guide in spearheading LIC pensioners issues, kindly seriously consider if a united front/confederation  of all LIC, Pensioners associations/Federations,  shedding away any egos or complexes, or ideologies, can be formed to approach the Government of India in this regard  through the political leaders/Ministers/MPs of the ruling party who will definitely  be helpful  in view of the ensuing General elections due in early 2019.  Immediately a forceful, assertive petition to the Hon. Prime Minister on the issue of UPDATION/REVISION OF PENSION only, giving reference of SC judgment dated 31.3.2016 as detailed above,  with copies to the FM and maximum senior MPs be sent by all the  Pensioners Associations followed by  other peaceful organisational actions like meetings, Dharnas at CO, ZOs, DOs and in New Delhi as may be deemed necessary by the Associations and the leadership.

It may seem to be a difficult task in view of our old age and strength. But when there is a question of now or never, a united action can bring us the desired results.

Hope all the leadership of Pensioners Associations/Federations and all the  pensioners will take these suggestions in the right perspective, ponder over and proceed accordingly to achieve the desired results.

With kind regards,

H K Aggarwal.

Mohali, Chandigarh.