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Sunday, 12 April 2020

SC case

Dear Sri AgnihotriSU

1)Whatever it may be,Providence has been against Elders,Sr Citizens,& SuperCitizens Pensioners of various hues & colours, Group 1,2,3,4,5,& 6  already & after wage charter is finalised, 1/8/2017 to 31/7/2022 ,Group 7 will enter the picture.

We must also pray this untold,unexpected Corona Covid19 has been the worst the World has witnessed causing incalculable damage to lives, new positive cases climbing,deaths counted in days, now per day & death in last 1 hour,indeed human ingenuity is unable to cope with that speed with which virus attacks & spreads & lo,in spite of hygiene, cleanliness, medical & health precautions,& danger signals from individual, family, to clusters to community spread infection ,God forbid,it will be a curse on humanity & the evildoers & other Mighty humbled like never before ,as is being witnessed with awe & rapt attention of USA hitting headlines & crossing an alltime record beating perhaps Spain, Italy & the like.Think US job loss is 17 million,what will be the many other shocks on Indian economy already tattered & forecast down to 4.8 % growth & interminable human & social collapse of unthinkable proportions  

2)As we say & say truly from the bottom of our heart,
We Pensioners are Indians 1st & Indians last,
We are LICians 1st & LICians last,
We are Pensioners 1st & Pensioners last     in that order
SO,when that unwanted SIDELINES of a deteriorated economy argument ,if at all, is thrown, our Sr Advocate should have the courage to throw that argument out of sync with major submissions already discussed & digested that ,as we affirmed in early rounds of Hearing, the question of PU & Full DR will never come in the way of NB reduction or loss of profits & LIC always has held its head in high esteem & any slew of Charts & Facts & Figures from LIC Fact Book & website proving unequivocally,LIC market share is insuperable both on Policies & PI front & its gallop cannot be equalled or rivalled by any Competitor.Reversioanry Bonus, FABonus,New Policy Bonus, Surplus earned, Govt share of 5 % rising ,with Assets at skyhigh & Solid Life Fund showing maturity of strength & solidity in quantity & quality.

     So, these Corona adverse decline effect will not be any dent but only  a scratch & this patch will not affect the Rock of Gibralter inbuilt cushion & the famous IRDA Cetificate that for long,LIC has more than 150 %as Solvency Margin. When earlier Years, we used to say LIC Number of Policies is more than the Population of Many Countries & last few years, we say with justifiable pride that LIC Survival Benefits, Maturity Claims & Death claims numbers rival the population of Many countries of the world.What more,LSGroup Chairman Sri MPAgnihotriji  !! 

3)The delectable & more honourable issue,as you righty say & confirm ,is the Silver Lining in that famous 29 Page Judgement dt 31/3/2016 of Hon Dipak Misra  which firmly lays down the PATHWAY to SUCCESS of final Summation,after the cases were declared ON BOARD is Constitutional points & Rights were touched on the fringe but did not come any closer to proving Discrimination or Anamolies & Why & How it violates Principles of Equity & Equality  must be fully,competently,assertively & even aggressively & if I may say so Poignantly conveyed with courage & confidence of data, charts & blatant intrusion of Fundamental Rights,universal to all & abrogating even Property Right & Human Rights of Elders & Sr Citizens, 18500 pensioners have died & are dying, 40 % IR  not granted from Earliest WP 6676/1998 but ONLY from WP on PU 654/2007  & UNETHICALLY deducted from the Seniors of Seniors in spite of DHC Para 108 SPECIFICALLY  directing LIC NOT to Recover !!

4)Because of circumstances in SC clogged already, Digital Hearing going on,circumscribed,limited Benches hearing, our Cases will not come under URGENT.The Silver lining is SC realises the damage to justice delayed being justice denied, & uncertainty looming large, hastening will have MORE negative effects than positive effects.
 I remember Sri GNS earlier, when talks were going on at fairly quick intervals &each dialogue  with IBA & Bankmens Fedns yielding forward results,that we must wait till Bank dialogue is over.It may not be that LIC is waiting for BANK talks to conclude, as PU data, Actuary Report there will take time.
Many SC Judgements have categorically stated that Instititutions cannot escape saying they cannot afford, if SC Order finally answers the Prayers of the Petitioners,in preponderant measure,LIC cannot absolve of its responsibility to honour Pensioners grave issues languishing in a tedious & tortuous litigation of unprecedented magnitude.Even OROP finally when GOI wanted 15/9/2012 & not effective date of 7th PC 1/1/2016 , ultimately even after SLP, Curative Petitions were summarily dismissed by  Chief Justice 5 Bench order,GOI had to buckle & pay.
Pension payments are small proportion of wage expenditure,Number of pensioners I have carefully found,  ranges 1905 to 2100 per annum rise & so all in our favour.Coupled with FPensioners rose skyhigh with many deaths 18% to 35 % & in 2 Zones to 40 % of Regular Pensioners.New Pension Scheme is running from 5/2010 & SO ,Pension Upgradation will not be ETERNAL but closes much earlier.At any rate,we are NOT , & we shall never be,in that dangerous zone of Govt Pension amount crossing Govt Employees Salary Expenditure & yet knowingly Govt granted Improvements over 7th PC PU Formula of 2.56 times Multiplier of 6th PC pension PLUS grade fitments of Same number of stepup rise depending on the Stage pensioner was placed while in service.Look at Strange Paradox of utmost inequitable reasoning & logic of treating Equals in UnEqual  mode,really perverse,when our PR 1995 is modelled on CCS Pension Rules.

5)The most important sine qua non of our victory will depend NOT on RBI Prospective formula with In adequate Multiplier factors as is being denounced strongly by RBI pensioners ,leading to only small to moderate increase in pension but Earlier & Earliest Group of pensioners, even if they got some amount of PU in 2009,yet murmurs & loud protests that all let them down as loss of ARREARs ranges for them from Rs 2.5 lacs at lowest level to as high as Rs 65 lacs at highest level.
Having waited & reaching the Top, our Sr Advocate shd be clear on these issues & not succumb to pressure .As you emphatically state from WHEN anamolies & Discrimination came is MORE IMPORTANT & legally & constitutionally VITAL link in the chain of clear-cut formulations,the Horizon must not contain any cobwebs to confuse but stand Vibrant & Vigorous  with ever so many case laws updated with specific principles applicable to our cases only ingrained in AIRIEF submissions.Great.  

6)Lastly the remedial steps to step up closure of cases as suggested by positive considerations for the litigant & more so the diminishing tribe of aged pensioners who formed the bedrock of LIC ,SC must reflect in its thinking ,adhering to the principle of Satya meva Jayathe,Truth will Triumph

Faith & Prayers, in total isolation,looking at each others faces, already quarantined for long years ,adding to uncertainty & next move of Hon PM,CM et all,&
with Salutations for Vishu Malayalam New Year & Tamil New Years Day on 14 April 2020 ,transiting from VIKARI to SARVARI panchang New Year.Greetings & warm regards,

RBKISHORE

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