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Tuesday, 31 October 2023

Is the matter of 100% DR Neutralisation for pre-August 1997 retirees sub judice?

Subject: Is the matter of 100% DR Neutralisation for pre-August 1997 retirees sub judice?

It has been reported by some pensioner representative bodies who met LIC Chairperson recently that on the subject of 100% DR neutralisation for pre-August 1997 retirees, the Management responded by saying that the matter is sub judice.
In my opinion this particular issue is not sub judice.

The Delhi High Court in its judgment dated 27/4/2017 had provided partial relief by modifying the DR formula for Group 1 and Group 2 retirees.This modification was short of 100% neutralsation of DR.LIC did not contest the judgment of the DHC.Although the six petitioners filed SLPs against the DHC judgment and  some of the petitioners pointed out inconsistencies in the partial relief granted by DHC and also inadequacy in compliance of the  HC  judgment by LIC, no appeal was made against the modified DR formula ordered by the DHC by the petitioners as well.Thus the subject matter of the SLPs is substantively only non-upgradation of pension.Therefore the 100% DR  neutralisation for pre-August 1997 retirees is NOT SUB JUDICE.

I would however leave it to the legal luminaries among our Pensioner Fraternity to judge whether my view is correct.
If the matter is not sub judice, then once 100% DR neutralisation is accepted for PSB pre- November 2002 retirees, there should be  no objection for similar dispensation for pre-August 1997 LIC  retirees.All that is required is a note to be put up by CO Personnel Department to the LIC Board and decision to be taken after due deliberations for recommendations to the DFS.
Let us hope the various LIC Pensioners' Association move in the  matter considering that there has been higher mortality among pre-August 1997 retirees and the surviving retirees are aged  84 and above.There is very little time to be lost making up for the recurring loss suffered by Group 1 & Group 2 retirees. 

Having said that, our fight in Supreme  Court for upgradation for all  should go on without any let up.
C H Mahadevan 

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