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Tuesday, 14 May 2024

Ex-gratia/Emotions/Expectations

When I read through the recent CO circular on 'exgratia' to be paid to pensioners, I, for once, got elated. As one being a pre-97 retiree with a glorious basic pension of less than Rs 3000/- I couldn't believe I could be in the top lot ot the intended beneficiaries of the innovative benefit of ex-gratia.
I however instantly realised that it is not because LIC wants to offer me a 'salute' for the meritorious (!!) service I had rendered but because the ALMIGHTY has blessed  me to live to be a nonegenarian !

 Ever since the grant of this extraordinary 'benefit' was in the air I find so many suggestions & opinions for and against coming from not only expectant pensioners but also the disappointed  ones through the platform of nealy half a dozen WhatsApp groups of LIC Pensioners in operation. 
For those who may not know, I state that 'ex'gratia' means that which is not backed by law.  In other words it means ' without Legal obligation" .Any payment  sought to be made making it known that it is ex-gratia, It clearly follows that the giver is just making a 'DOLE . In such a situation it is surprising - and funny- that individual pensioners are clamouring for improvements through WA posts. What is more, even associations are writing long communications to the CO as if the scope of this can be altered by them! Let us understand that the only reaction open to us is to see that the prescribed eligible lot of Pensioners simply pocket whatever is offered to them as ex- gratia. 

The introduction of this unique ex-gratia scheme has , in my view , other ramifications as well and may  impact the crucial demand for periodical updation which is the main  pending issue  before the Supreme court. 

I am sure the govt/LiC combine will utilise this ex-gratia as a tool to impress the court on their benevolent approach on pensioners' problems while arguing on why they cannot commit to periodical updation in sync with every
Wage  revision for in- service workforce.  They have already succeeded in silencing the bank Pensioners by measures like improvements in FP, introduction of 100 % neutralization on DR (though propectively ), introducing the ex- gratia , removal of anamolies in fixation of pensions , deciding on 50 %of salary for determining the Pension on retirement( in SBI)
etc.  These positive  moves with regard to banks have happened only after the govt. noted the trends in two cases viz SBI case of 2013 & Shingla's case  of PNB. It must be remembered that the Pension Rules for PS Banks also do not provide for periodical updation. In our case there are no such cases pending before the SC.It is therefore going to be a  herculean task for us to convince the court on our demand for any updation when unfortunately our LIC management also has to act only on the dictates of the govt. Some leaders may still argue that Rule 56 of our Pension Rules
can come to uur rescue in the SC. Such a stand is patently fallacious in my opinion as an advocate of30 yrs. Standing in a HC and with the experience on discussing matters with atleast a dozen senior counsels of SC during my career as a professional lawyer.Our case will certainly not be disposed off till July/ Aug and  there is no point in entertaining any high hopes on the SC case . We seem to have no alternative to remaining peaceful and leave it to time to take it's own course.

With my best regards to every one of you
- GN Sridharan 



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