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Tuesday 30 June 2020

Critical & Elusive issues & Strategy & Safeguards at the time of Final Topup Hearing as a Prelude to SC Bench Verdict

Some of these CRITICAL   & ELUSIVE points I have earlier highlighted to our dear veteran Sri MPAgnihotri,Group Leader ,Legal Study Group (LSG)& VP,AIRIEF & also 5the STRATEGY & SAFEGUARDS our Sr Counsel be prepared mentally NOT to be outwitted by Sr Counsels of LIC or Govt or even comments of SC Bench to reduce or purge the HOLISTIC aof PU & Full DR to pre -8/1997 PENSIONERS : R.B.KISHORE

1)RBREA Monthly Magazine bportrays the interpretation of RBI Circular to implement Govt Notification for RBI Pensioners to secure PU prospective from March 2019 with Multiplier Factors of 1.8, 2.4, 3.6app for the earlier 3 Groups , 1Nov 2012- 31Oct 2017,  1 Nov 2007-31Oct 2012,& 1 Nov 2002- 31 Oct 2007 Pensioners Group .
Normally after regular& consistent PU as per wage revision,Subsequent wage revisions do not entail or impose high Pension fixation or arrears but only moderate for any institution to withstand & absorb such rise. 

2)In view of partial PU granted earlier upto 2002,& a long gap of 17 years now, as wonderfully charted out in the real impact & rise of Revised Pension plus New DR , some have pointed out throMly HITGUZ RBREA  columns that, though there is a good rise, as static Pension for long was the order of the day,it has not taken care of  to the extent to redeem or cover substantial Loss of Pension prepared & calculated much earlier, Rs 2.50 lacs to Rs 65 lacs, to bemoan how 7 steps below grade officer or staff get more Pension than their Superiors under whom they worked .
SO, deeper we go to older Wage Blocks for corresponding PU to be real to have a Cascading effect ,the factor Multiplier should have been much Stronger & Higher  to create lasting effect for all the years & decades of delay, procrastination& frustration of Pensioners .

3)i)Further incalculable damage  is done by IGNORING  Family Pensioners in Govt Notification & RBI Circular.You have clearly mentioned this in your fine elucidation.
It is crystal clear that PENSIONERS automatically means Regular Pensioners & Family Pensioners.Everywhere there is echo of sympathy  for Family Pensioners & they form an important part of the loop of pensioners..

   ii)Further,always, even if Regular Pensioner is no more,any benefit granted to RP from a particular Effective date must be eligible to be paid to Spouse FP till date of death & none can deny this.Even if FP Spouse is no more,FPs nominee or legal heir must secure that benefit as a matter, of course. Family Pension normally works out to  1/3 of Regular pension, a pittance & Group mediclaim premium takes a big slice out of it too   

   This has to be taken care of ,as FP numbers everywhere is increasing..FP in LIC has risen  from 18% to 35 % of RP & in some Zones ,even to 40 % of RP. We have app 58,000 pensioners & 18,500 pensioners have died or dying.Who will wipe the tears of the widow ?
So, non –inclusion of FP is not an aberration by Govt but a mischievous &deliberate blunder.

 iii)In addition, age-related, value-added rise in pension  at age 80,85,90,95 & 100  @ 20%,30,40,50 & 100 % both for RP & FP must be secured & RBI Management must not miss for RP  now & later after RBEA succeed to include FP also with Governor,RBI & Govt.

  4)  Govt  in VII PC  allowed PU 2.57 times Basic Pension for pre 1/2006 pensioners,all RP & FP,plus this time even stage to stage fitment with number of increments secured in earlier cadre allowed & added . Such salutary & salubrious  formula they deny when it comes to Service & Financial Institutions which  are real engines of growth & which enrich the coffers of Govt for national progress & prosperity.Even loss-making PSUs of Govt are granted PU .

5) Govt  did not have the grace to amend RBI Pension rules incorporating automatic PU ,but want RBI Governor to approach them every 5 years for this purpose. Bureaucratic strings are powerful & they want others to dance to their tunes !! Last year Govt SubCommittee on Subordinate legislation conferred autonomy to RBI  especially on personnel matters & that dictum must be followed in letter & spirit

6)Govt Pension Bill is set to exceed Govt Wage Bill during this year end,
whereas LIC Pension bill is just 7--8.5 % of Wage bill,measly amount,paltry outgo,&
as part of Premium Income insignificant,peanuts for LIC,
Yet  exaggerated statements by LIC Counsel,NB will be affected,image of institution will be adversely affected, all know out of several parameters,only 1 or 2 directly enter Pension Fund accretions & so making  real mountain of a molehill, Govt or LIC can bring state of uncertainty till Govts Plan of dilution of its stake or IPO finalised ,affecting LIC financial rhythm ,WHICH also our Sr Counsel must boldly deny & defy that MORE WAITING AFTER 22 YEARS is an unhealthy sign of DITHER only & the VERDICT must be pronounced ,as SC itself declared all arguments over & case is ON BOARD waiting ONLY for final TOPPING UP by Sr Counsels
SC verdicts plenty that they dont see the nuts & bolts of calculations or expenditure
 but ONLY principle & upholding Constitutional Rights or obligations
 It must also be mentioned, in this context,that Outlay from 1/8/1997 till 2016 indicated in AIRIEF SLP almost tallied ,conveying NO exaggeration or underestimate we made .Further Courts must be concerned with Outlay Per Annum only, which is far less than the MealsCoupon Allowance for Employees , which now stands at Rs 550crpa & more !!

7)Court  must note the stark truth mentioned emphatically by us in our submissions that PU Groups disappear,as NPS has already run few years & so
perpetual  PU will no longer exist & it becomes a closed cadre,
this also must appeal  to the sense of LIC & UOI, & above all eminent SC Bench

8) WHEREAS with all  painful & dreadful  happenings in Indian economy ,
massive NPAs uncontrollable & hitting the roof in many Banks ,Govt sucking Maximum Surplus Capital from RBI ,Governor losing Autonomy sheen
PLUS
 the ever-present ,holy,humane Institutution with unbeatable Logo & emblem,Thy welfare is our concern,
got tribute --no better 3 letter word than LIC,
many aware it is ATM to Govt of India,
to rescue the Govt by pumping massive money for Bank recapitalisation bearing  good portion of astronomical Rs 2,10,000 crores,
another Rs 75,000 cr to Railway massive expansion& modernisation programme ,
Peoples money for peoples Welfare,
Acts in critical periods to keep share & stock market on some even keel,
Govt attaching IDBI ,then IL & FS to LIC to bring semblance of recovery through healthy Management practices etc

9)Look at Govts partiality to Govt servants thro Pay Commissions & amendment of their Rules,
i)eligibility for pension 33 years reduced to 20 years,
ii)already enjoying  age-related value added pension from age 80,85,90,95,100 with rise in pension of 20%,30,40, 50 & 100 %,NONE  ELSE gets this,
such an IRON HAND from Govt,
No Sympathy, No Empathy for others,  

10)i)past & present imbroglio of unwanted dichotomy, Govt  creates in perpetuating & upholding Govt  supremacy
 whereby Govt servants & Bureaucrats get a balloon lift from Rs 10 lacs to Rs 20 lacs Gratuity from same effective date as 7th PC ie 1/1/2016 &
ii)no qualms of conscience or readiness to apply same formula for all institutions &
 procrastinating & announcing by amendment Rs 20 lacs wef 29/3/2018,
what is the fate of ALL those retired after 1/1/2016 till 28/3/2018 to resign to Fate earlier sum of Rs 10 lacs only !!

Whither reason or logic or rationale, suppress others,
we Govt are dominant, dont  raise your finger in protest attitude,
real double standards, demeaning & diabolical.

11)i)REAL MISSION of any Govt to ENRICH Human Potential & PROMOTE WELFARE,is given a go bye & NO CONCERN for the rich human resources of LIC creating a web of excellence, Superlative & Sterling Record of performance unmatched elsewhere in Indian history,
a symbol of untarnished  financial  Rock of Gibralter,
a serene picture of solvency & stability ,

 ii)ignoring aged,infirm Elders & Sr Citizen pensioners, even when Delhi HC Hon Justice Khanna  ordered to pay arrears of DR difference wef Earliest Writ,LIC comfortably paid from 2nd Writ 654/2007intended for Pension Upgradation , of Jaipur HC ,not 1st 6676/1998 for DR & no greater surprise or sarcasm when LIC DEDUCTED IR paid earlier by virtue of Hon SC Bench of Dipak Misra ,though specifically Hon Judge Khanna ordered  in Para108 that no recovery be made. This is the MOST UNKINDEST CUT OF ALL !!
though fully aware ,as SC recently remarked & reiterated ,
Pension is not a Subsidy but a Right established for past services,
pension is a Human Right, it is a Property right too.

12)Finally ,our Sr Counsel must remember the sagacity & wisdom in Former Chief Justice of India,Hon R.M.Lodha Classic utterance that  SC represents  ” no class, no caste, no majority, no minority”. This unique thought beats even Abraham Lincoln’s definition of Democracy  as Govt “of the people, by the people, for the people” SC cannot abdicate its sacred responsibility & under no circumstances act or deliver  a  judgement  as if it is a  “caged parrot  speaking in its masters voice “

R.B.KISHORE,  PATRON, AIRIEF  :  28/6/2020  1.25AM     

--
RB Kishore,
PATRON,AIRIEF,
ED(Retd),LIC
Life Member,Probus Club
044-2815 5810 & 098 4034 0591.
.

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