PENSIONERS EMAILS & FEEDBACK FROM 1st March 2019 : SERIES No 192 & 193
1)
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 10251 OF 2014
ASGER IBRAHIM AMIN .. APPELLANT
VERSUS
LIFE INSURANCE CORPORATION OF INDIA .. RESPONDENT
J U D G M E N T
VIKRAMAJIT SEN, J.
SELECT EXTRACTS
* To summarise, normally, a belated service related claim will be rejected on the ground of delay and laches (where remedy is sought by filing a writ petition) or limitation (where remedy is sought by an application to the Administrative Tribunal).
One of the exceptions to the said rule is cases relating to a continuing wrong. Where a service related claim is based on a continuing wrong, relief can be granted even if there is a long delay in seeking remedy, with reference to the date on which the continuing wrong commenced, if such continuing wrong creates a continuing source of injury. But there is an exception to the exception. If the grievance is in respect of any order or administrative decision which related to or affected several others also, and if the reopening of the issue would affect the settled rights of third parties, then the claim will not be entertained. For example, if the issue relates to payment or refixation of pay or pension, relief may be granted in spite of delay as it does not affect the rights of third parties. But if the claim involved issues relating to seniority or promotion, etc., affecting others, delay would render the claim stale and doctrine of laches/limitation will be applied. Insofar as the consequential relief of recovery of arrears for a past period is concerned, the principles relating to recurring/successive wrongs will apply. As a consequence, the High Courts will restrict the consequential relief relating to arrears normally to a period of three years prior to the date of filing of the writ petition.
*. If that be so, the Respondent being a model employer could and should have extended the advantage of these Regulations to the Appellant thereby safeguarding his pension entitlement. However, we find no substance in the argument of the Respondent since Regulation 19(2A) was, in fact, notified in the Gazette of India on 16.2.1996, that is after the pension scheme came into existence with effect from 1.11.1993. Otherwise there would have been no conceivable reason for the Appellant not to have taken advantage of this provision which would have protected his pensionary rights.
** each case calls for scrutiny on its own merits, but that such scrutiny should not be detached from the purpose and objective of the concerned statute.
** The commendable objective of the Pension Rule is to extend benefits to a class of people to tide over the crisis and vicissitudes of old age, and if there are some inconsistencies between the statutory provisions and the avowed objective of the statute so as to discriminate between the beneficiaries within the class, the end of justice obligates us to palliate the differences between the two and reconcile them as far as possible. We would be failing in our duty, if we go by the letter and not by the laudatory spirit of statutory provisions and the fundamental rights guaranteed under Article 14 of the Constitution of India.
2)Take a HOLISTIC picture of the Scenario of LIC Pensioners, Regular & Family,TP,ZONEWISE, to always remember the role & responsibility cast on AIRIEF, OBs, EC Members to rise to the occasion to fulfil the same.
I)I then read out the statistical data of the BIGGEST ZONE WZ, with a total of more than 10,500 pensioners,just few years before , with 23.5% of AITP
i) Importance of SZ & SCZ is underlined as these 2 together constitute almost 7100each ie TOTAL of 14,200m 15.7 % each
ii) They should be harbingers of growth to boost Parent AIRIEF strength at any given point of time,while all round efforts must be made to bring a semblance of development in all areas of activity of RIEAs of OTHER 6 ZONES, including WZ,which must become AIRIEF KAMADHENU
iii)4th comes NZ with 6500 & more,substantial ,of about 14.5% of AITP of 45000 & more then
5th EZ 5700 app,12.7% of AITP
6th NCZ 5100 app, 11.3% of AITP
7th ECZ 2550,Small Numbers , may be at 2/3 Centres All pensioners Meetings be conducted ,with AIRIEF Printed Achievements & Accolades distributed widely for MEMBERSHIP & LFDonation too ,5.7% of AITP
8th comes CZ 1 050 app,2.3%. of AITP
Last CO 700app, 1.5 % of AITP
3) i)Strength of any Orgn is its Communication philosophy
SMS of Sri Angurajan reaches many & response is encouraging.
So too AIOS WhatsApp also makes lot of noise & latest, updated news flows in to all such members This is yet another commendable venture
ii)Federations are organic entities,so historical references becomes a MUST.We don’t have a DATA BANK &THINK TANK & ; SLP, Replies to earlier LIC Rejoinders,case laws, continuous, updated consolidation has to take place Topicwise,many matters,so tedium, boredom, backbreaking earlier notes & references becomes time consuming & flow of thought processes is interrupted.
For Zonal Council Meeting too,such a narration is needed, as rank & file are still not immersed in EVERY DISCIPLINE,so HIGHER HIERACHY has to be ever vigilant .Age 70.75,80 here again is a retrograde feature,but till 60-70 & at best 70—75 enter the arena,problems remain.Noone can force anybody
Such TOPICAL references & Notes culled out,updated becomes so handy for speeches, replies, interventions etc successfully.
Make it a habit to exchange thoughts, offer suggestions, don’t be mum or silent,we lose our skills & intelligence,no, avoid apathy or indifference,court cases are court cases,we are exercising abundant caution & paying attention to every detail, cooperate, extend a helping hand.MAKE UR RIEA A MODEL ONE IN EVERY ASPECT & MARCH ON TO A HAPPIER & MORE PLEASANT & PRODUCTIVE,VIBRANT RIEA.DO ASSURE US, WE SHALL CONSIDER OURSELEVES LUCKY TO HAVE ATTENDED,PARTICIPATED,EXCHANGED IDEAS & PLANS FOR A BETTER & BRIGHTER FUTURE FOR ALL PENSIONERS.
4)Dear Sri Suseel Kumar ,
Heartiest congratulations on your elevation as MD , LIC .We were awaiting this golden moment .If there is no better 3 letter word than LIC, I feel there is no better 2-letter word than MD. It has power& potency,it has grace & equanimity .
It was said of Dr Johnson that there was nothing which he did not touch which he did not adorn .So too I & we pray that yours will be a distinctive &Illustrious period in the annals of LIC, especially during this crucial period .
Delighted as all are, Greetings,Goodluck & Godspeed,
-----R.B.KISHORE,PATRON,AIRIEF,
5)Dear Sri MRKumar,
What a glad news,a great news atlast this finale .Please accept my & our heartiest
Congratulations on this elevation as Chairman ,LIC to guide the Destiny of the
Corporation at the most crucial time & chalk out the most appropriate course for the
upward & onward journey & voyage through rediscovery of great human potential.
Greetings, Goodluck & Godspeed,
RBKishore
6)LIC CHAIRMAN Sri MRKUMAR MESSAGE
7)Congratulations on your elevation as MD,LIC
Dear Sri Vipin Anand,
1)Delighted to hear this good news of your elevation as MD,LIC
It is a critical juncture with many issues to be tackled ,but wisdom & experience of mature Officers like you, shall ensure a memorable Voyage for our Premier Service & Financial Institution to reach its VISION & MISSION in the days & years to come
2)With your multi-dimensional skills & variegated posts you held in ever so many stations,we are confident you will be able to bring to bear an impress of your personality.Handsome is that handsome does & we can witness LIC in future to scale new heights of Himalayan Victory,February New Premium Income for all insurers witnessed a thumping performance.LIC is also second to none & we Pensioners ,who worked hard for 35 years & more,laid a solid foundation ,completed OIC very successfully & brought LIC to a high pedestal to bear competition from 25 private companies with courage & conviction
3)While you will be doing all that you can with your unique individualistic touch,please remember these poor pensioners,who are groaning under relatively poor pension, miserly & miserable Family Pension,Seniors & Super Sr Citizens worst hit with 50 % DR only for pre-8/1997 pensioners.We are so happy this month saw many benefits & bonanza conferred on Employees.Please help us to witness positive & assertive forward-looking progress on many issues & grievances presented to CO Personnel & CO OS Dept
Welcome to a New Dawn, Greetings for colourful Holi & our goodwill & gratitude will be eternal
R.B.KISHORE,ED(Retd).,LIC, PATRON,AIRIEF
8)A beautiful write up by Kishoreji which should kindle the consciousness of the decision makers to stress the contribution of the pensioners but for which this institution would not have grown to this stature.-------G.Venkatachalam
9)
Sir with warm greetings n thanx for writing a letter to new MD shri VP Anand Ji who will join as a MD of LIC on 1st of April .
After a long time to see your miracle in words I am really thrilled to pay my gratitude to you . You are most valuable treasure of the organisation in my opinion
May I request to you for penning a letter to new chairman Mr Kumar for our issues of Pension /GI (as granted to employees recently) n others . Be sure sir I will follow up as I have a very good relations with Mr Kumar n Mr Bhargav Ji ,DD Gupta Ji knows well .
With warm greetings on the auspicious occasion of Holi.
Yours Anand Tyagi
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10) Govt Pension Option Notification
11)Pension upgradation in RBI : From GS,AIRBREA
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Friends,
Please find attached GOI communication dated 5th march 2019 to the Bank.
This communication has to be finally compared with the Bank's ensuing circular
in this regards and the Bank's circular be treated as final.
No option of pension approved.
No arrears, resulting in loss in terms of Lakhs of rupees.
GOI referred to Section 58 and advised RBI to communicate fair circular to them. This is to be watched further.
No amendments to RBI Pension Regulations. As such the Bank has to refer next updation to GOI.
For working of Updated pension multiply present basic pension(Before Commutation) by
1. 3.63 times for those retired prior to 1.11.2002
2. 2.44 times for those retired prior to 1.11.2007 &
3. 1.76 times for those retired prior to 1.11.2012
Resultant figure will be the new pension
Add DR at 61.1 percent
From total ,deduct old commutation value, if it is not restored.
----------L.R.Parab, GS, AIRBREA
12) I am very happy that AIIPA have addressed to the Chairman, LIC on 8th March 2019 urging him to take up with the Govt.in of India for updating the LIC Pensioners' pension as done for the RBI pensioners. I feel we may also bring to the notice of the Chairman, of the LIC Board Resolution as far back as 24-11-2001 , recommending updating the pensions and subsequent reminders to the Government of India. As there was no response from the government of india , the Pensioners went to various courts and finally the matter is before the Hon SC.
I am sure with the active participation of the AIIEA in the matter, as done by the RB I in service employees unions, the updating of pension for all the Pensioners in LIC and GIC will be obtained very soon. ------------------------G Ramamoorthy
13)Indian Railways has today made the reservation charts for all trains public on the IRCTC website.
Indian Railways passengers, take note! You don’t need to run behind the TTE for vacant berths on Indian Railways trains.
The national transporter has now made the IRCTC train reservation charts public!
In a big step aimed at ensuring greater transparency and eliminating on ground corruption, Piyush Goyal-led Indian Railways has today made the reservation charts for all trains public on the IRCTC website irctc.co.in.
Indian Railways says that the new step will help prospective passengers get information of any vacant berths that are available in the train after chart preparation.
The information will be made available after preparation of the first chart around 4 hours before the departure of the train and the second chart will be available around 30 minutes before the train leaves the originating station.
The second chart will accommodate changes based on current reservations and any cancellations made after the first chart.
The new feature will be available on both the web and mobile version of the IRCTC e-ticket booking platform.
Based on the information of seat availability, passengers will be able to approach the TTE on board for ticket booking as well, says Indian Railways.
The new interface gives graphical representation of the train coaches along with berth-wise accommodation status on the irctc.co.in website.
The layout of 9 classes of coaches will be displayed.
The most important takeaway for passengers is that TTEs will not be able to deny berths on ad-hoc basis.
Additionally, passengers will have the facility to view the exact position of the berth allocated to a PNR in the graphical coach layout during PNR enquiry.
Here is how you can check reservation charts on IRCTC website:
1. On the IRCTC website, a new option of view “Charts/Vacancy” is being made available.
2. The train journey details such as train number, journey date and boarding station will be required as an input from the user and after that the class-wise and coach-wise number of vacant berths can be seen.
3. The user can also click on a specific coach to see the layout along with berth-wise accommodation status such as; occupied for full journey, occupied for part journey and vacant for full journey.
4. The position of berth allocated to a PNR in the coach layout can be seen in PNR Enquiry & book ticket history.
Please Share this Valuable Information
14)Pilot Project , Chennai : Madural & Chennai as Joint partners ,sit for hours ,laborious,scanning lists of all sorts,evolving workable Pensioners Directory , massive letters with MPS copywright Appeals,is evoking response for in-depth RIEA Chennai refined,added membership for a new EC,which takes time as few only can fathom the burden of perennial work, at this age with disabilities & health hazaeds. Scattered data & material are of some use only & to be tempered & connected with other related materials to arrive at a cohesive, homogeneous pensioners data .More so, work in METRO Division areas will be laborious & painstsking.Yet, we embarked upon with noble intentions. MPS sends email to us connected, methodically ,(even today 16/3/2019, Sri Angurajan will collect what MPS has received kept in separate bag to Mr Sitaraman, a relentless worker) with data in reply & remittance to our Treasurer Sri RKannan, ably responding to this silent revolution for a genuine cause to promote welfare & progress of pensioners.
We are in shock & dismay at this juncture,when perhaps even SC case sooner than later has to come to an end with what all Govt has done at the last moment before Election Code came into being, for other decisions affecting pensioners.
MPS services are unforgettable;it is etched in letters of gold.That such a dedicated leader is no more creates a vacuum.The paths of glory lead but to the grave.Parting is sad ,more so he is an admired & loveable personality.
15)Wonderful Summary of ALL Benefits for LIC Employees,at a glance
i)
ii)LIC CO Circular on reimbursement of newspaper to Development Officer @₹250 per month
and
Circular on reimbursement of mobile expenses to class IV employees @ ₹500 per quarter
Issued STREAM of Benefits to Employees,none to Pensioners
and
Circular on reimbursement of mobile expenses to class IV employees @ ₹500 per quarter
Issued STREAM of Benefits to Employees,none to Pensioners
16)Guru Vs Teacher
Difference between a Guru and a Teacher!!!!!!!
1. A teacher takes responsibility for your growth.
A Guru makes you responsible for your growth.
2.A teacher gives you things you do not have and require.
A Guru takes away things you have and do not require.
3. A teacher answers your questions.
A Guru questions your answers.
4. A teacher requires obedience and discipline from the pupil.
A Guru requires trust and humility from the pupil.
5. A teacher clothes you and prepares you for the outer journey.
A Guru strips you naked and prepares you for the inner journey.
6. A teacher is a guide on the path.
A Guru is a pointer to the way.
7. A teacher sends you on the road to success.
A Guru sends you on the road to freedom.
8. A teacher explains the world and its nature to you.
A Guru explains yourself and your nature to you.
9. A teacher gives you knowledge and boosts your ego.
A Guru takes away your knowledge and punctures your ego.
10. A teacher instructs you.
A Guru constructs you.
11. A teacher sharpens your mind.
A Guru opens your mind.
12. A teacher reaches your mind.
A Guru touches your spirit.
13. A teacher instructs you on how to solve problems.
A Guru shows you how to resolve issues.
14. A teacher is a systematic thinker.
A Guru is a lateral thinker.
15. One can always find a teacher.
But a Guru has to find and accept you.
16. A teacher leads you by the hand.
A Guru leads you by example.
17.When a teacher finishes with you, you celebrate.
When a Guru finishes with you, life celebrates.
Let us honor both, the teachers and the Guru in our life.
17) I am so sorry and deeply feel bad in hurting the sentiment of case managers leaders of different units who have come together to fight for THEIR CAUSE OF PENSION UPDATION at the cost of sacrificing at the Altar the Seniors( ABOVE 80s )
For whom you did get a relief but MISERABLY FAILED IN GETTING IT IMPLEMENTED under the plea that the main issue of updation will be weakened. You failed to raise the issue of FAULTY IMPLEMENTATION in the Courts as you in majority thought that this will prolong your case. Do you know that we are losing wicket by wicket. We lost Chellam, We lost MPS.and there are just a few who were on the rolls of LIC on day one viz. 1.9.1956
We seniors find it difficult even to meet our daily medicine which is not covered by any scheme. We feel so sad, so depressed, so miserable and helpless for we thought today 26th March our case will be heard. But a big but.....
God alone can save us by taking us to his feet soon.
------------------------Nan Narayenen ,Madurai
When the DHC gave us relief LIC was directed Not to deduct the ad-hoc payment already given but LIC disobeyed causing contempt of court and calculations were also wrong,You did not raise the issue at all under the sugar coated pill that if and when updation comes everything will be taken care of
You are a brutal majority sacrificing us
God bless you all -------NANarayenan
18)
Respected Shri Nan Narayenan,
I have gone through your email of 26/3/2019 expressing thereby your genuine concern for the super senior colleagues on non-resolution of their legitimate grievance of DR disparity. I feel the agony of pre-1997 retiree pensioners and the pain hidden in the words ‘we are losing wicket by wicket’. We all have been anxiously waiting and reading the ‘causelists’ every time on the computer gnerated dates and disappointed as the case is not finding place in the main lists right from 12/2/2019.
I know that I do not have the caliber to comment on the issue; but only want to share some details of our case, which make us to continue our legal fight. DHC has held that grant of higher equalization @0.23% of basic pension in Paragraph 3A, without extending this benefit to those in paragraphs 1 and 2 is unreasonable and discriminatory violating Article 14 (Para 76 of the Order dated 27/4/2017). But, the solution provided by DHC is illogical. A small benefit is allowed only to those who are getting Basic Pension more than Rs. 2130 in para 1 and Rs. 3850 in para 2. Those who are getting basic pension less than aforesaid limits have not been given any relief. Pension updation is denied. Since the revision of basic pension is denied by DHC, the DR disparity of pre-1997 retiree pensioners has also not been resolved fully. This is the reason that all the petitioners have challenged order of DHC by filing SLPs. When SLP is filed to challenge the judgement, generally prayer for implementation of the impugned judgement is not made by the petitioners. But, in our case, one of the petitioners preferred to request SC to pass an interim order to implement the impugned judgement so that at least some relief is given to some seniors. This move was by and large supported by all the petitioners. This interim order has delayed final disposal of our case. Unfortunately, LIC has played trick and implemented the directions of DHC in a faulty manner, which was not expected by any one. Faulty implementation was done deliberately to confuse and delay the case as well as to divert focus from main issue.
DR disparity of pre-1997 retiree pensioners cannot be removed unless their basic pension is revised and brought corresponding the pay scales existing as on 1/8/1997. So, pension revision is the only solution for resolving the grievances of pre-1997 as well post-1997 retiree pensioners.
This is not correct that faulty implementation of DHC directions has not been objected. Some of the petitioners (including AIRIEF) have filed objection affidavit with cogent evidences and calculations. LIC has also submitted its reply to the objections raised by the petitioners. As was expected, the reply given by LIC is more confusing, distorted and diverting the issue of DR/Pension disparity.
In the joint meeting of petitioners held on 2/2/2019 at Chennai, it was decided (among so many other issues) that we will object the faulty compliance of DHC order but insist on final disposal of our case, which only will provide full justice to all the pre-1997 and post -1997 retiree pensioners. This approach is not to sacrifice the benefit of any one for the benefit of others. This approach is to ensure true benefits for all.
It is known that after 2/2/2019, there has been no any hearing in our cases. Petitioners are in contact with the advocates. Bench is to be reconstituted by the CJI. It is evident from the last order that the case is to be listed for final disposal at admission stage. So the petitioners have to take further steps very cautiously.
I may share that AIREF is alert on the issues and when the case was not listed on so called computer generated dates in Feb 2019, we asked the advocates to take suitable steps for constitution of the bench and hearing of the cases. Our advocate was of the opinion that the new bench should have one earlier Judge (J Deepak Gupta) so that the matter needs not be listened de novo. For last few weeks, so many cases of national importance were there before the SC and J Deepak Gupta was present in one or the other constitutional bench/ with the bench of CJI. Then it was felt that our case may come on 26th Mar 2019 as was shown in the advance list; unfortunately, it did not come on 26th also.
AIRIEF is now approaching the Sr Advocate for making a mention before Hon’ble CJI for constitution of the bench and early hearing of the cases, subject to the rules. I understand that other petitioners are also making efforts for the early constitution of the bench and hearing. Representatives of various petitioner associations are in contact of each other for taking next steps.
Delay, procrastination, misleading and twisting the facts are the weapons used in shrewd legal war, which, unfortunately, the respondent is using against us mercilessly. Still, we are fighting the case with full commitment. We do have a case worth contesting and we will do our job dutifully.
Sir, I am not denying the grief, miseries and disappointment of our senior members. It is our sincere duty to make more efforts, to prepare our cases in a better way and ensure early relief from the judiciary.
With kind regards,
M P Agnihotri.
19)
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Dear Shri Agnihotri sir
Thank you for the painstaking and detailed presentation of the situation.
I only feel sorry and ashamed that I shot out that message and the mail when I thought of 50 years friend and my colleague and a leader of our cause Sri MPS expired WITHOUT receiving these benefits
I am sorry and let things take their time and let me wish you all good luck. If I am not there to receive the benefits let me still feel happy and wish you God speed
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20) 4 New Income Tax Tax exemption in Financial Year 2019-20
1. Standard Deduction from Salary:
Page Contents
- 1. Standard Deduction from Salary:
- 2. No deemed rental income on having two residential house properties:
- 3. Rebate under section 87A:
- 4. Section 54 Relied extended to 2 Residential Houses:
Standard deduction has been increased from Rs 40,000 to Rs 50,000 for salaried individuals (which was introduced in the Budget 2018 in lieu of exemption for medical reimbursement and conveyance allowance).
2. No deemed rental income on having two residential house properties:
Home-owners will not be required to pay tax on notional rent if they have more than one self-occupied property. According to the budget proposals, exemption has been proposed on the income tax from the notional rent on second -self-occupied house. However, there is no change in aggregate limit for deduction in respect of interest on housing loan. The aggregate deduction for interest on housing loan for both houses cannot exceed Rs. 30000 or Rs. 2,00,000.
3. Rebate under section 87A:
Individual taxpayers with annual income up to Rs. 5 lakh rupees will get full tax rebate. The income limit eligible to avail tax rebate under section 87A have been raised to Rs. 5 lakh from Rs. 3.5 lakh. The limit of tax rebate under section 87A increased to Rs. 12,500.00 from Rs. 2,500.00
4. Section 54 Relied extended to 2 Residential Houses:
Individual or HUF will able to claim Long Term Capital Gains (Capital gain on Sale of Residential House) exemption benefit where sales Proceeds are invested in purchase of Two Residential House but subject to following Conditions
- the long-term capital gains from sale of such house property shall not exceed Rs 2 crore, and
- the benefit can be claimed only once in the taxpayer’s lifetime.
21) Today is an annual account closing date .
You all please clear your misunderstandings, hurt, anger, resentment, guilt, fears, rejections, failures, envy, misbehavior, mistakes and all negative feelings !
Close these accounts
Wish you all a very Happy n Healthy, Wealthy ,New Financial year 2019-2020.
You all please clear your misunderstandings, hurt, anger, resentment, guilt, fears, rejections, failures, envy, misbehavior, mistakes and all negative feelings !
Close these accounts
Wish you all a very Happy n Healthy, Wealthy ,New Financial year 2019-2020.
22)CPIndex for Feb 2019 is 307,same as for Jan 2019.
If it remains the same in March 2019 also ,Employees will get 30 slabs of DA
COLLECTIONS : R.B.KISHORE, PATRON, AIRIEF : 1/4/2019
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