President writes

To,

All the Pensioners of LIC through Divisional Presidents/Secretaries and the other Office Bearers 

On the eve of Holi,  the festival of colours, i offer my greetings to you and the members of the family. 

Our General Secretary,  Shri G Krishnaswamy has been communicating regularly and sharing with you, important information on events and activities of AIRIEF.

At the cost of repetition, I wish to assure you that the leadership of AIRIEF is fully seized of all the issues relating to pensioners.  Legal case has been a long drawn affair but we have to remind ourselves that we have got various reliefs through court of law only viz

1- subsidy in premium of Mediclaim Scheme, 

2- increased gratuity to pensioners of 1992/93 as decided by Hon'ble Supreme Court in 2008.

3- interim relief to pensioners prior to 01-08-97 in May 16 amounting to 27 crores disbursed to 15922 pensioners. 

We are making continuous efforts that the relief so granted is continued till the pendency  of the case and finally we emerge victorious. 

While AIRIEF was impleaded as a party in litigation in Supreme Court in Jan 16, it filed WP in Delhi High Court and SLP in SC in a representative capacity. 

We have reinforced our efforts by constituting a study group for legal matters on 10-11-17 consisting of following members. 

1. Shri MP Agnihotri, Hyderabad, Convenor 

2. Shri Pramod Bhatnagar, Bhopal, member 

3. Shri S.K. Bhalerao, Bhopal, member 

4. Shri RKD Sarkar, Indore, member 

5. Shri NK Upadhyay, Jabalpur, member 

6. Shri V.S. Sikarwar, Gwalior, member 

7. Shri S.S. Saxena, Bhopal, President ex          

    officio Member 

8. Shri G Krishnaswamy, Bengaluru, Gen. Sec.    Ex officio Member 

The study group will hold meetings at the places convenient to the group and will place on records it's proceedings. 

The study group consists of pensioners with legal background and experience. Members are sincere, committed and focussed on the task assigned to the group. The group met in Bhopal twice- first time on 12 and 13 November, 2017 and second time on 27 and 28 January,  2018.  It deliberated upon various issues and finalized the inputs to be given to Shri KTS Tulsi,  Sr Advocate. Finally we met Shri Tulsi in his office in New Delhi on 24-02-18. The gist of this meeting has been ably drafted by Shri MP Agnihotri and is reproduced here under for your information. 

As per the plan, AIRIEF team headed by Shri S S Saxena, President had a meeting at around 6 PM on 23/2/2018 where Shri R K Singh, our Advocate was also present. Shri R K Singh informed that meeting with Shri K T S Tulsi is fixed at 11 AM at his office situated at 3, Moti Lal Nehru Road, New Delhi. Shri Saxena Ji briefed the group on the points to be discussed with the Sr Advocate. As suggested by Shri N K Upadhyay, a preliminary note was prepared on the terms and conditions of service in LIC and LIC of India (employees) Pension Rules, 1995, to place the history and developments before the Sr Advocate in nut shell. Then we also prepared a brief note on our twin grievances - DR Anomaly to Pre-01.08.1997 retiree pensioners and Pension Updation to all the pensioners. We quoted simple examples to show the grave disparity in both the issues.

We also discussed and finalize the sequence of our discussion so that the matter is discussed in proper sequence without any gap. We had a relook on the parawise comments we prepared for drafting the rejoinder and certain improvements were made therein as suggested by Shri P Bhatnagar, Vijay Singh Sikarwar, Shri Upadhyay and Shri Sarkar. Thus, after a preparatory meeting of about 2 hrs. we were ready for the meeting with the Sr Advocate. Shri R K Singh advised to be present at the office of Shri KTS Tulsi by 10.30 AM so that a preliminary meeting would be held with the team of junior advocates.

Accordingly, we all reached in the office of Shri K T S Tulsi at 10.30 AM on 24.02.2018. As decided we interacted with the team of junior advocates, whom the preliminary notes on service conditions and twin grievances were given. She also exchanged the notes she prepared on LIC's Counter. We quickly went through the material and found the same useful for discussion. At around 11.30 AM, we met Shri KTS Tulsi. 

It was a true professional meeting. As decided I explained our twin grievances to the Sr Advocate. He listened very patiently, took notes, referred to various provisions of the Pension Rules, which were being placed with him by his team. He also asked some clarifications which were given to him immediately. It was a very focused discussion. 

We gave him the entire back ground of litigation-Jaipur HC, P&C HC and Delhi HC judgments, Judgments of DB and Review Petition at Jaipur, various SLPs filed by LIC-dismissal and then finally admission of last SLP of LIC which was granted and judgment dated 31.3.2016 of SC.

Shri Tulsi read the judgment dtd 31.3.2016, then co-related it with the Judgement dated 27.4.2017 of DHC. He asked several questions on the proceedings of DHC.

After fully grasping the subject matter, he told us that he will prepare the rejoinder and the same will be submitted in the SC immediately. He also stated that he will take up the issue of IR on the next hearing along with admission of our SLP. He further stated that we have to ahead step by step with full caution as the case has to be pleaded mainly on the issues of Constitutional provisions of Article 14, 16 and 21. He stated that it cannot be permitted by law that one retired officer, retired on some early date is getting mere Rs. 28000 and the similarly placed officer retiring later is getting 81000. Date of retirement is not relevant. 

Shri Tulsi stated that presently he is focused to getting leave granted to our petition and get some substantial relief immediately. As regards arguments etc., he told that we will have another conference and matter will be discussed in details in that conference.

It was informed by Shri R K Singh that the case would not be coming on 5th March 2018. Then it was decided that a mention will be made for an early hearing, so that our application for IR, which is already submitted is heard at the earliest possible.

With a cup of coffee the meeting came to an end.

The interest taken and contribution made by each member of the team is worth appreciation. I hope the study of the case will be continuing so that cogent, relevant and authentic in puts will be provided to the Sr Advocates for preparation of his forceful arguments.

Inputs provided by other veteran and activists like Shri R B Kishore, Shri A S Ramnathan, Shri C H Mahadevan, Shri R K Sahni, Shri S Bhalerao and many others have helped us providing large data and relevant material to the advocates. Vetting of our draft by Shri Krishnaswamy, our GS made our draft faultless. 

Hope, we shall be able to contest our case forcefully with the help and co-operation of all concerned and shall be able to take it up to the final victory.

With Warm Regards,

M P Agnihotri.

Shri Tulsi is an eminent lawyer and member of Rajya Sabha(MP). He will draft our reply to LIC counted. Our stakes are high and therefore we thought of Shri Tulsi as our advocate.  Cost of litigation is quite high. We could gather strength to engage him because of your continued support both morally and financially. We request you to continue it hereafter too as that is our strength. 

Shri KML Asthana is pioneer in litigation.  AIRIEF supported him throughout.  However fact remains that his petition is in individual capacity and our SLP is in representative capacity. I am thankful to hime to keep the issue alive. 

Organisationally,  we have to keep our leaders informed and need their valuable advice. That is why an Office Bearers meeting is scheduled in Bhopal or 29-03-18. Delegates and participants are welcome. Since it is a landmark assembly, please send your feedback on organisation and legal case 

Please contribute generously towards legal fund. 

Exhaustive provisions are there in AIRIEF'S constitution regarding aims and objectives  Please discuss these provisions at Divisional level and suggest further steps to improve upon our working.

We have to ensure that new leadership emerge at Divisional  levels so that AIRIEF has presence at every Divisional Centre of LIC. We call it project 100.  Please extend your cooperation to make it successful. 

We will communicate with you regarding Shri MC Jain's case separately. 

Let us all march towards  a glorious future.

With regards,

S.S. Saxena

Bhopal.

Mobile: +91 98260 59506

B.Angurajan