Thanks for your morning email.
Though I donot dis-agree what you say about Central Government Pensioners getting Revision w. e.f. 1 .1. 1996 and DS Nakara case etc. yet
you will appreciate that the Supreme Court in their judgement dated 31.3.2016 had clearly, in three paras, said that unless Rules are amended by Parliament, no Revision of basic pension in LIC.
And referred Rule 3A to Delhi HC for adjudication with liberty to the petitioners to file additional documents in support of third pleas , and setting D date as 31.8.2016.
Thereafter,.... .....
Three NEW WRITS WERE FILED in DELHI HC in 2016, followed by SLPs in SC against Delhi HC judgemt of 21.4.2017, which, you will remember were opposed by me alone saying * too many cooks will spoil the brothel*,
And sir, you had said too many cooks will add more flavor.
The result is before us.
SLPs are still at final stage of admission , and there were TAREEKH PE TAREEKH during last about six years, at a heavy cost time, money and energies.
I, of my own started taking up the MAIN ISSUE OF REVISION OF BASIC PENSION directly with LIC/DFS/PM GOI.
As expected LIC gave reply : * Matter is SUBJUDICE *.
But after I told LIC that there is no Stay or Bar by any Court on Jaipur HC Juggernaut of 2010 to allow Revision, LIC had written as under in reply to my following two appeals to PM GOI.
1.PMOPG/E/2021/0003884 replied by LIC on 11.1.2021. and
2. PMOPG/E/2021/0024094 replied by LIC on 16.1.2021.,
and LIC had written that :-
* The Pensionary benefits to the employees of LIC of India are governed by LIC of India Pension Rules, 1995 which have been framed by the Central Government in terms of powers vested in the Central Government in terms of Section 48 (2) (cc) of LIC Act, 1956. According to these Rules, the definition of Basic Pension is expressly provided. Any modifications / amendments in these Rules can be done by the Central Government.*
In Nov 2021 Central Government amended CCS PENSION RULES and added Rule 66 - Revision of pension.
I continued to follow up with PM/GOI/DFS and in reply to my appeal no. PMOPG/E/2022/0244868 DFS gave reply (which was not correct) as under on
22/09/2022.
**The Pensionary benefits admissible to LIC employees are governed by the provisions of Life Insurance Corporation of India (Employees) Pension Rules, 1995. As per the said rules, the Dearness Relief payable as part of the pension is revised twice every year but there is no provision for revision of the pension with every wage revision.**
((Officer Concerns To
Officer Name
Smt.Jyoti Arora (Section Officer).
Organisation name
Insurance 1 Section D.F.S.
Contact Address
Department of Financial Services, Jeevan Deep, IInd Floor, Sansad Marg, New Delhi.
Email Address
soins1-dfs@nic.in)).
and I have pointed out the same to PM/DFS/LIC on 12 July, 2023 as under:
Reg. PMOPG/E/2022/0244868.
I respecfully, bring to your kind notice that DEPARTMENT of FINANCIAL SERVICES (i) has been stating in reply to the above GRIEVANCE that there is no provision for revision of the pension with every wage revision in LIC of India (Employees) Pension Rules1995,
( which is not correct.))
Sir, The Central Government has, in November 2021, added Rule 66 - REVISION OF PENSION...in CCS PENSION RULES, which is applicable to LIC PENSIONERS also as per Rule 56 of LIC of India (Employees) Pension Rules 1995, which, interalia says :-
**Matters relating to pension and other benefits in respect of which no express provision has been made in these rules shall be governed by the corresponding provisions contained in the Central Civil Services (Pension) Rules,**
Accordingly, Sir, LIC PENSIONERS including Family Pensioners are legally entitled for Revision of their basic pension with every wage Revision of existing employees.
Central Government has all the powers under section 48(2) of LIC Act 1956 to allow LIC to revise / upgrade the pension.
It may be added that there is no financial burden on the Central Government, nor the Finance Minister has to make any budgetary provisions in the Central Government's Annual Budget.
H K Aggarwal.
On 19.9.2023 again written to PM, WHICH YOU HAVE ALREADY GONE THROUGH.
AND I have also appealed to Chairperson LIC on 20.9.2023 as under on same lines adding the following paras:-
* Respected CHAIR PERSON of LIC is requested to please take the initiative to recommend to DFS to implement the mandatory Rule on Revision of pension of LIC PENSIONERS, who will definitely get the necessary notication issued by the Central Government under section 48 of LIC Act, 1956.
Ball lies in the court of LIC to recommend Revision of basic pension of LIC Pensioners in view of Rule 56 of LIC Employees Pension Rules visa vis Rule 66 of CCS PENSION RULES. *
Dear Sh CH Mahadevan ji, you will appreciate the GOI/DFS/LIC have been officially replying my communications for the last 5 years, ( I donot think any Pensioners ASSOCIATIONS/FEDERATIONS had exchanged such communications), .
And now I am doing all this in the hope that , due to ensuing General Elections, PM/GOI may fulfil their legal obligation to implement the Rule of Revision of pension. Once they agree in principal for Revision, the other residual issues can be taken up later.
So let's unitedly concentrate on the Main Issue of Revision of basic pension only out side the court also, and maximum pensioners write to PM/LIC. There is no cost.
With best wishes and regards
H K Aggarwal.
Mohali.
20.9.2023.
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