: Conflicting judgement of coordinate Benches

From: Ramamoorthy G <grama1937@hotmail.com>

Date: Wed, Jul 1, 2020 at 12:43 PM
Subject: Re: Conflicting judgement of coordinate Benches

Respected Sir,

The arguments of Mr ASR is quite convincing ,considering the strict legal points as per the different Judgements quoted by him in the discussion.

It has to be noted that the SC itself was convinced that the Appendix IV of the 1995 Rules is the principal plinth of quarrel , vide Judgement dt 31-3-2016. The amendments to this Appendix, through Para (3) dt 22-4-1997 ,further amended on 14-5-1999 , and Paras 3(A) & (B)  on 22-6-2000,   to be noted that these amendments were due to the linking of the  prevailing cost of living Index to the Basic Pension. It is a standard procedure that any amendments made subsequent to the Principal Pension Rules 1995 must be favourable to all the existing Pensioners covered in the Pension Rules. The LIC Board also convinced of the same and passed a Resolution on 24-11-2001 which was upheld by the Rajasthan HC and dismissed all the appeals of LIC as discussed by Mr ASR in the present discussions.

Therefore the legal and constitutional points are in favour of the Pensioners for UG of Pension  as per the above argument.

Submitted with high regards and respects,

G Ramamoorthy.

With

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---------- Forwarded message ---------
From: Ramanathan A S <brasr1717@gmail.com>
Date: Thu, Jun 25, 2020 at 11:24 AM
Subject: Conflicting judgement of coordinate Benches
To: Ramanujam Kishore <rbkseetha@gmail.com>, Krishnaswamy Govindarajan <embargk@gmail.com>, <mp.agnihotri3@gmail.com>, KML ASTHANA <asthanajaipur40@gmail.com>, Colinjivadi Mahadevan <chmahadevan@gmail.com>

The attachment to this mail is important to be noticed. This decision takes us straight to complete success. Our case for revision, in my view lies on the principle of index-linking. What is index-linking is an accepted principle per the Affidavit filed by the LIC, that needs no proof as an accept fact with reasons for the same. Why the merger necessary for the pensioners was dealt with by me, to show the only merger will update the basic pension determined on the basic pay based on the price index of that date. Hence the pension has to be updated, as also done as per the Appendix III of the Pension Rules, periodically not necessarily quinquennially, but at more frequent intervals for the pensioners. Earlier in my analysis of the Pension scheme,  with the complete refund/transfer to the Pension Fund of the CPF, that was fully contributed by the LIC as a mandatory requirement, and further 10% contribution with additional contributions as and when required, prescribed in the pension rules itself; our pension scheme is A FULLY EMPLOYER CONTRIBUTED SCHEME. All the arguments of High Cost will fall like nine pins.

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With warm regards

A S Ramanathan 

Ph: +91-9676840504

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