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Friday, April 18, 2014

                  

                                                             
An write up from RBI Retirees'Association,
giving a realistic view on the subject, is posted below. 
As the pension scheme in Public Sector Banks 
is, by and large, a carbon copy of the RBI pension 
scheme, the pattern of up-dation accepted there
may be made applicable to us also, writes 
Shri BG Raithatha, Union Bank Retired Employees' 
Association, Rajkot.



(Write up by Shri Mahalingam of RBI Retirees' Association is reproduced 
for general reading of LICPC readers)

Dear All

You may perhaps be surprised to receive this mail from me, as it is a slight departure from the tradition of receiving communication from the General Secretary or other functionaries. But I thought there was a need to share my thought process given the importance of the issue on hand.

The Pension issue has come to the fore once again ever since the Governor called the United Forum for a meeting last week. There has been a wide spectrum of opinions on the issue, not very often driven by practicality, rationale and common sense. I do see a streak of high emotions, sometimes bordering on dogmatism not to see the writing on the wall. I thought it was time to add my perspective to the issue. While I do not expect that everybody should subscribe to this perspective, I feel it is time for each of us to ponder over the issue.

At the outset, we need no appreciate that this issue has been evading solution for a long time thanks to the historical ‘baggage of commissions and omissions. We did garner quite a bit of support from our Central Board members as well as Top management thanks to the orderly and disciplined manner in which we conducted our silent protests just ahead of our Central Board meetings in the last couple of years. While a good number of Central Board members were sympathetic to our cause, the issue remained unresolved thanks to the intransigence of the GoI nominees on our Board.

The issue got a fresh lease of life with our present Governor taking the bold initiative of breaching it directly with the Finance Minister at the Delhi board Meeting. This has brought forth the present offer from the GoI although it does look quite fuzzy. Governor mentioned during the meeting with the United Forum that this was about the best that he could get but the fuzziness of the conditionalities does leave scope for squeezing the best out of the offer.
What has been majorly agitating the minds of our officers are: 1. the frequency of wage agreement for the serving officers, 2. the definition of pay for the purpose of pension and 3. rationalisation of perks for serving officers. The condition of updation being done once in 10 years has not met with much criticism, so I am leaving it out of the present discussion.

On the frequency of wage agreement, I am not at all convinced that a wage agreement once in 5 years is necessarily more beneficial than a wage agreement once in 10 years. Why are we refusing to look at the magnitude of wage revision? Are we better off with a wage revision of 15 to 16% hike once in 5 years than, say, 40 to 50% in 10 years? The numbers that I have quoted here are not out of alignment with what we have been getting in the past and the G0I officers have been getting out of Pay Commissions once in 10 years. In fact, I feel our emphasis should be on the quantum of hikes (which is a clear function of our strength, bargaining capacity as also the image of the organisation) rather than the frequency of wage revision. Just to exercise our minds more on this subject, are we going to be happy if we are offered pay revisions once every two years with a hike of 5%? So, basically, it is not the frequency which matters but the extent of hikes.

Also, let us not forget that the perks have been revised reasonably more frequently as and when the conditions of the economy underwent changes and these perks have enhanced the quality of our living conditions. There is no reason to fear that the independence of the Governor is going to be curtailed in the matter of perks. Given the increasing stature of Central Banks, I doubt if any Government can curtail the independence of the Governor in times to come. 
Now, coming to the question of definition of pay, we need to be realistic. lf basic pay and grade pay are reckoned for fixing the pension, the larger components are already taken and what get left out are the much smaller components. I have done some calculations in this regard and I find that the components that get left out actually constitute just about 5 % of the basic + grade pay. Of course, this percentage could vary from officer to officer depending upon his basic pay and grade pay at the time of his retirement. We need to weigh this loss against the gain arising out of updation of our pay once in 10 years, which could be as much as 100%. I think we need to ponder over this quite dispassionately.


Third is the matter of perks. There is a fear (may be, legitimate) that rationalisation of perks means reduction and nothing else. lf we compare our perks today with the industry or with GoI (where a Joint Secretary gets car with unlimited petrol), nobody can say that RBI 's perk structure is far superior to others. We are just comparable to others and not certainly better off. I am told that many Oil companies have better perk structure compared to RBI but this needs to be verified. But if at all there is a pressure to show rationalisation, we can always give up the smaller ones like newspaper, brief case, specs, book grant, etc. and tell the Government that we have rationalised and focus on improving the larger components (in the present pay revision due from Nov. 2012). This certainly is largely dependent on our capacity to do homework and engaging in constant dialogue with the Governor in future. 


I certainly do not subscribe to the idea that the Central Government will keep interfering, in future, with the process of determination of our perks. Let us not, in any case, be submerged in imaginary fears that the Central Government is the personification of Takru and vice versa!!.

Given this backdrop, if we are slamming the door closed on this present offer and reject it outright, let us be clear about what we are in for:
1. There is no way that this issue will come up for the next , at least, one year, as the new Government (if it is stable) will have so many items on its plate that this will, if at all, be the last item in their agenda.
2. We will lose the sympathy of our Central Board members.
3. The Top management may not evince me same enthusiasm to take up the issue in future as they have done so far.
In my view, therefore, a more prudent and strategic course, would be to accept the offer saying that we would like to have a dialogue with the Governor on the nature of conditionalities and their implementation. I am aware that you will ask the question that this will tantamount to a break-off with United Forum. Not necessarily. We can convince them as they do not have much stake in the form of perks. But if they are not to be convinced, perhaps, we may have to chalk out our own path. Let us be clear here.
I have told Mr. Vatsa that we can have a meeting of the Committee with all the units participating, shortly in the second week of April, say around April 10th. In the meantime, let me have your dispassionate views on the subject.
Best regards

G. Mahalingam

AMUTHA SURABHIMM


Thursday, April 17, 2014

Wednesday, April 16, 2014

RM LODHA TO BE NEXT CJI

As per a news item appearing in Today's Times Of India, Justice R.M.Lodha will be sworn in as 41st Chief Justice Of India on April 27,2014.

So let all L.I.C.Pensioners look forward with lot of hope and patience.

B.R.Mehta,Panchkula
_________________
 Shri Lodha will retire as CJI on 27.09.2014

PROPOSALS FOR PENSION UPGRADATION IN RBI

VERY IMPORTANT 
Pension Upgradation
RBI MLY HM HITGUJ: APRIL 2014

At long last, Government accorded in principle approval for updation of pension with certain conditonalities which is a positive and encouraging development.


The proposals are as under:
1. Pension updation once in 10 years as in Government,
2. Pension to be computed on pay and grade pay as in
Government ( this will require amendment to Pension Regulations),
3. Revision of pay scales once in 10 years,
4. All perks to be rationalised,
5. Pension option to be opened alongside.
This is a package

The Forum expressed their reservations and apprehensions. There is at present stalemate. Our Association sought audience with Shri R L Das, CGM, HRDM, for an update, on 19-03-2014. It emerged from the discussions that Govt. has accepted in principle that there is need for updation in RBI and the pension is expected to be aligned with the revision of pay scales effective from 1-11-2012 which is expected to result in same rank same pension. This information will be simulated. CGM also indicated that RBI can act within the provisions of RBI ACT, to take care of any misalignment with the Govt. salary and the Banking industry. CGM also told that the GOVERNOR was instrumental in breaking the ice on updation which was eluding for 6 long years.

CGM also assured that representatives of our Association will be invited for discussions on matters concerning pensioners / retirees whenever occasion arises.


To the question WHY PARLEYS?
the answer is: WHY NOT PARLEYS!

If the leaders of Pensioners Associations cannot meet, the minimum requirement is that the senior counsels meet and discuss a common strategy before the Supreme Court bench.

Ramadevan, Cbe.

Tuesday, April 15, 2014

SHED ALL OUR DIFFERENCES

Dear Editor,

  • This refers to Shri Mahadevan's suggestion that the three sets of original pensioners confer and put up a united/identical prayer before SC on 12-8-2014 needs immediate attention and response. 
  • The fact that Shri Asthana has received a stunning and voluminous counter from the respondent Corporation running into  a marathon 478 pages only goes to indicate that LIC is going hammer and tongue and marshaling all their resources  to get their stand vindicated in SC on the eventful day of 12TH AUGUST.
  • Shedding all our differences, bickering and prestige it would be appropriate, as the situation demands to get the counter affidavit of LIC examined by those pensioners who are practicing in the bar and by other hand picked who are versatile in legal knowledge an at the same time keeping in mind the age old adage " Too many cooks spoil the broth " Shri Asthana should take a lead in this.
R.K.Viswanathan
Hearty congratulations. 

(Readers requested not to write any more appreciation letters. 
Thank you for ur encouragement and good wishes. Ed.)
  • I am glad everybody realized they have to rely on LIC Pensioners Chronicle for information sharing. 
  • Your strength is your objectivity and neutrality. 
  • The momentum of visiting the chronicle will be a wave hereafter. God bless you.
--
Thanks and regards,
M. Sreenivasa Murty
HYDERABAD 500090
+919177737356

FOCUS SHIFTED TO SUPREME COURT



As per compliance of Supreme Court Order dated 4th April, 2014, entire focus of all L.I.C. Pensioners has now shifted to 12.08.2014 at Supreme Court. Fully endorsing views of our stalwart Sh. C.H. Mahadevan, it is high time or virtually a last chance for all Legal Experts amongst our community pertaining to all camps to please rise above petty things forgetting unpleasantness of past, if any and make full use of this crucial moment for which lot of preparation has to be done much before D-Date.

My humble prayers to all legal experts like S/Sh. R.B. Kishore, C.H.Mahadevan, P.P. Dhamija, Sreenivasa Murty, K.M.L. Asthana and all others who have contributed a lot till date and their contribution is also visible on LIC Pensioners Chronicle read by more than two lac readers like me in just last five months.

My special Thanks to Sh.P.G.Gangadharan for providing all of us a wonderful platform. Mission Unity or Joint Legal Battle on 12.08.2014 is the only way to our final victory.

With my Thanks and Regards for all experts in our community,
 
B.R.Mehta
Panchkula

YOU BE THE JUDGE !

pensioners may send comments...
It will be an excellent strategy if the Senior counsel of all the three sets of original petitioners confer and put up a united/identical prayer before SC on 12/8/2014 for directing LIC to implement the respective High Court judgments which have been refused to be stayed by the Supreme Court. But the efforts have to be started immediately.
Kind regards.
C H Mahadevan
YES, DEAR SH MAHADEVAN,

AT THE SAME TIME, SINCE ALL THE THREE HC JUDGEMENTS ARE BASED UPON JAIPUR WHERE SH KML ASTHANA, UNDER THE GUIDANCE OF PERSONS LIKE YOU, SH RBK, VC JAIN,AIRIEF, TR MADHAVA RAO, CS MURTY & OTHERS, HAS REMAINED THE ARCHITECT AND CRUSADOR, NEED FULL CO-OPERATION OF OTHERS PARTICULARLY  FED. OF CL I OFFICERS ASSN. AND IN MY OPINION SH. M SREENIVASA MURTY CAN PLAY A POSITIVE ROLE AS SUGGESTED BY SH RB KISHORE ALSO. FOR PB & HRY HC SH. ASTHANA IS ALREADY  WELL SEIZED OF THE CASE & HE MUST BE BUSY BURNING MID NIGHT OIL IN PREPARING REPLY TO 478 PAGES NOTICE RECEIVED BY HIM AND OTHERS ON 10.4.2014 IN THE CAs.

IT IS THUS FOR ALL THE LEADERS OF THE TWO FEDs. TO APPRECIATE THE  GRAVITY/IMPORTANCE OF SC  CLUBBING & LISTING CAs  ON 12.8.14, AND ALL THE PENSIONERS IRRESPECTIVE OF THEIR CLASS, CADRE OR AFFILIATION  MUST, AS EVER, CONTINUE THEIR CONTRIBUTIONS TO THE LEGAL FUND TO HELP AIRIEF & SH ASTHANA TO FEEL ENCOURAGED AND WITH RENEWED VIGOUR  & RESOLVE
GET  SJ JAIPUR HISTORIC JUDGEMENT DATED 12.1.10 ALLOWING BOTH THE WRITS ON  UPGRADATION AND DA ANOMALY  IMPLEMENTED IN LETTER AND SPIRIT, BESIDES PB & HRY HC ORDERING 12% INTEREST AND DELHI HC "REM".

IT IS NOTWITHSTANDING THE TWO WRITS FILED BY SH ASTHANA & AIRIEF IN RAJASTHAN HC JAIPUR WHICH ARE LISTED FOR 30.4.14/3.5.14 AND THE OUTCOME/ORDERS OF HC JAIPUR WILL HAVE A DIRECT IMPACT ON CAs IN THE SUPREME COURT. HATS OFF TO SH ASTHANA FOR HIS  RELENTLESS DETERMINATION & COMMITMENT DESPITE ILL HEALTH AND ODDS. WE WISH HIM  ALL THE BEST & GOOD HEALTH.

REGARDS
H K AGGARWAL


Dear Sir,
Through the all important and popular LIC PENSIONERS' CHRONICE which is no doubt rendering great service at this crucial juncture, I would like to make a humble appeal to different Units and active members of Pensioners fraternity who are also exchanging mails on important issues facing us today.

I would request them all to check their mailing lists. They have picked up addresses from different mails on different subjects which we send to each other.
These also contain the names of friends and relatives of the sender who are NOT CONNECTED WITH LIC who quite often write to us.

It will not be an easy exercise and will need some efforts from all of us. From now onward when we receive a mail, we should ourselves scan the mailing list, identify such names  known to us who are not connected with LIC. We should send the list to the sender for rectification of their Mailing List.

Let us all co-operate so that mail box of our friends and relatives is not loaded with mails which are of no interest to them.
With greetings,
S.P.SOOD 

ARISE AWAKE & STOP NOT TILL WE REACH OUR GOAL
----------------------------------------------------------------------------
    Civil Appeal     8959-8962 /2013          

STATUS      PENDING
Cause Title
LIC OF INDIA AND ORS
Vs.
KRISHNA MURARI LAL ASTHANA AND ANR ETC.
Advocate Details
 Pet. Adv.MR. ASHOK PANIGRAHI
 Res. Adv.Not Available

Subject Category
SERVICE MATTERS RETIRAL BENEFITS

Listing Details
Next Date of Listing   12/08/2014


FRIENDS, IN VIEW OF THE LISTING OF ALL CIVIL APPEALS IN SC ON 12.8.14 IT IS PERTINENT THAT ALL ENERGIES HAVE TO BE CLUBBED TOGETHER TO DEFEND OURSELVES IN THE SC MOST EFFECTIVELY AND STRONGLY AS SH RB KISHORE IN HIS LATEST POST HAS OBSERVED.

I HOPE IN THE LIGHT OF LISTING DATE IN SC HAS BEEN ANNOUNCED WE ALL MUST EXHIBIT TOTAL SOLIDARITY AND STAND BY SH KML ASTHANA & AIRIEF AND ARE SURE SH MSM AND OTHERS WILL FULLY HELP AND CO-OPERATE IN JOINTLY GIVING A BEFITTING REPLY IN THE SC AND WIN.

REGARDS, H K AGGARWAL

Monday, April 14, 2014

LET US HAVE UNITED ACTION

What Shri Dhamija has suggested is quite appropriate. Instead of fighting each other, all the unions should come to-gether at least now in the interest of pensioners, most of them who are 75-80 years of age, and see proper united action is taken to thrash out pending cases of DR/upgradation of pension, early. 
S.R.Krishna, Bangalore.

T SAMPATH IYENGAR




A good job of drafting a petition to present Chief Justice by Sri RBK. But he will be in office for another 12 days. May be he will act on the petition but the task is quite complicated due to the very nature of dispute and the way our case has progressed. Our dispute is being tossed between S.C. and various high courts too often. In this situation, the planned concerted action in Supreme Court should be most welcome. It appears a final solution to our problem must come from Supreme Court only and the common petition should pray that Supreme Court issue directive to LIC to implement the Jaipur H.C. order.

I also see no use at this stage for further call for unity, another advisory committee, another panel etc, I trust the present leading activist like Srinivasa Murthy, Kishore, Mahadevan, Viswanathan etc. and of course Asthana and the advocates who have handled the cases in various courts with the task of formulating further strategy.This job be best left to them.

I agree with Mr Viswanathan about the human tendency to do some good before they demit high office and it is equally true while taking charge of a high office to favourably consider first few appeals. I request Sri RBK to keep a draft petition ready to submit to the new Chief Justice Shri Rajendra Mal Lodha, if it warrants,to reach him on the day he takes charge.

T SAMPATH IYENGAR
BANGALORE

RB KISHORE


Proposals & suggestions to seek unity & present a mosaic of common interests of pensioners are appearing regularly in LIC Pensioners Chronicle. This is introspection, this is review, this is soul-searching mainly with the objective of hastening due process of law, as considerable time & years have passed by & patience is dying down. Sri M.Sreenivasa Murty has taken a lead & has evolved a series of steps to convert this idea to reality. He had a chain of dialogues at Delhi during SC hearing with leaders who matter. His main strategy is to ensure that in 2nd week of August 2014, all clubbed CAs are slated for hearing, Pensioners Federations involved in Delhi case viz.Sri GN Sridharan & thro Intervention Petition, Sri KML Asthana, who has been spearheading the legal battle to a series of victories in Jaipur HC, Chandigarh HC & Delhi HC on main plank of historic  Hon SJ Bhandari’s judgement dt 12/1/2010 .CGH  HC added interest 12% for the delay meaning thereby retrospective, Delhi HC added “in rem” meaning thereby, not merely Petitioners but all pensioners in same aggrieved category. While this gives a total picture, as it stands today, with ever so many articles, treatises, clarifications for the unique, macro remedy of pension upgradation with successive wage revisions  & Full DR to pre-8/1997 pensioners, Sri MSM is bent on appealing to good sense of Pensioners Fedns to ensure smooth sailing when all CAs clubbed together for hearing comes up in SC.

It is to be mentioned that AIIPA has not aired its views except to say that they are eager to pursue the negotiation route only with LIC top management & MOF & they were not to pursue this issue through Courts. Even when the postcard campaign to FM on the 3 issues of enhancing exgratia to pre-1986 eldest retirees, Full DR to pre-8/97 pensioners &  pension revision with latest wage revision found a place, in Charter of Demands, they have  stated as — future pension upgradation after 1/8/2012 ONLY.

Truth of the matter is the overall policy decisions taken by Fedn of LIC Class I Officers’Assns emphasizes DR ONLY acceptance & propagation. After a  series of articulations through emails & in licpensioners chronicle blog, realization came that Pension Upgradation ALONE can be the Saviour, if at all, ALL GROUPS of Pensioners have to benefit, as otherwise, grotesque anomalies will continue to haunt EVERY Group of pensioners pre & post & such monstrous & perplexing differences will continue to rise & be the bane to tolerate & yielding in a cowardly manner rather than addressing courageously to such an important issue adversely affecting the entire pensioners fraternity, more so when the initiative is with us & we have an upper hand. It must also be mentioned that all their efforts in writing letters to LIC management & to meet Top LIC management & Secretary FS, MOF  many times to seek solution of DR only out of the twin benefits being conferred by Hon SJ Bhandaris judgement could not succeed. AIIPA also entertained same idea  & that also could not bring any partial acceptance of the verdicts embracing only Full DR to pre-8/1997 pensioners.

It must not be forgotten that, thoughtful  & herculean efforts were made by AIRIEF in early years of 1999, 2000 to prepare Loss of Pension Chart, circulate to LIC Management & MOF, hold dialogues, impress upon them, camped in Mumbai for 4 days meeting all independent Board Members with  our Appeal &M emorandum, what a realization came  & that memorable marathon meeting with Sri G.N.Bajpai  in Conference Hall of Yogakshema for 110 minutes in 8/2001 was the capstone which ultimately saw the birth of the so-called LIC Board Resolution dt 24/11/2001. This provided the feeder & the nucleus for the verdict dt 12/1/2010 & Hon SJ Bhandari has drawn upon salient points therein & extended to further pension upgradation so that all pensioners get somewhat similar benefits. Further, it was also elucidated, amplifying LIC Board Resolution, without any hairsplitting  & that LIC itself, in its secret letter dt  31/12/2001  to then Joint Secretary, MOF, Sri Ajit Sharan,  secured under RTI & 11/8/2003 to MOF/UOI state clearly “there is an urgent need to rationalize the DR structure available to different groups of pensioners in order to reduce the administrative inconvenience & also to see that  different  generations  of  pensioners  are protected by merging  the  pension to  a  suitable index.    This clinches the issue of successive pension revisions with every wage revision.

Judged in this sense, Hon SJ Bhandaris verdict dt 12/1/2010 is rightly an extension of this concept as, at that point of time on 24/11/2001, subsequent wage revisions were not dueThe 2nd writ admitted was CWP 654/2007 exclusively  on pension upgradation substituting scales of pay as & when wage revision for employees take place, quoting many reputed case laws apart from the Magna Carta for pensioners in Nakara case, the 5-Judge SC Bench presided over by Hon CJ  Chandrachud, an elucidation &  dissertation by  Learned & Hon SJ, Rajasthan HC, pointing out gross anomalies & discrepancies in pension whereby 10 cadres below get more pension than the higher cadres retired few years before, that date of retirement is irrelevant, one cannot discriminate groups of pensioners as pre & post, all pensioners form one single homogeneous group only & particularly, when it is an Existing Pension scheme & not any New scheme, all pensioners assuredly deserve pension revision with every wage revision.   Hon Judge has elaborately dealt with the principles & rationale of continued pension revision substituting new scales of pay. Sri P.P. Dhamija can now atleast come to earth earthy & modify his views & if still, he wants to cling to his interpretation, so be it.

We must remind ourselves that when OROP judgement came, to “grant & pay  uniform pension to Armed Forces  retiring in the same Rank with  the same length of service, irrespective of the date of retirement, any future enhancement of pension be uniformly passed on to all past pensioners.”    SC ordered retrospective wef 1/1/2006 as effective date with 6 % interest. Readers may also know that when CG, State Govts, Railways, PSE under the control of CG, all get, as also Judicial Officers & UGC Professors pension upgradation automatically, & for CG alone, V PC cost a whopping Rs 35,000 crores for 50 lacs employees & 35 lac pensioners & VI PC would also have been staggering plus CG allowed PSEs to go ahead & even granted 80% of additional  expenditure for loss-making enterprises, it passes one's comprehension as to why at all pension upgradation looks anathema to some. Right royal in  one Chorus we must wholeheartedly demand & equally in one chorus in SC, we must present unified arguments & submissions.
PLEASE CLICK BELOW TO READ MORE.

M SREENIVASA MURTY


Now that the 'most qualified person' in the movement has acceded to the persistent requests of several pensioners, to 'directly approach' the Hon'ble Chief Justice of India, and he obliged with an exhaustive Petition so eloquently urging for the CJ's intervention to bring closure to these cases of ours, it is time for all concerned, particularly all those who are spearheading the Pensioners' cases in different courts, to prepare mentally and physically and answer the question:



If one may attempt to visualize the outcome of Shri RB Kishore's Petition to CJ, the best scenario one can hope for would be that the Hon'ble Chief Justice, in exercise of his inherent powers, extraordinary jurisdiction and benevolent discretion, would direct the SC Registry to treat Shri RBK's Petition dated 12/04/2014 as a regular Application filed before the Supreme Court and further direct that it be posted before his own or any other Brother Justice's Bench for its 'consideration' and 'disposal'. There should be no dispute to 'visualize' the possible outcome of the Petition accordingly and in my view, one cannot ask for more.

Assuming Shri RBK's prayer is heard and LIC Pensioners are lucky to reach that stage, the situation is something equal to the Supreme Court having before it an Application for 'early (immediate/out of turn) disposal' of the Civil Appeals (SLPs earlier) filed by LIC against the Jaipur Judgement dated 12/01/2010 and the two subsequent judgments of Delhi & Chandigarh High Courts.


Now let's come to the real world. 


What is the 'status' of these three sets of CAs of LIC, which we want the SC to hear and dispose of early (through the petition dated 12/04/2014)?

Notices were served by the Supreme Court about the Civil Appeals, on ALL the Respondents (Mr Asthana was good enough to share with me the Notice dated 20/02/2014 received by him in respect of the Jaipur Judgement). Similar Notices were also reportedly received by the Respondents in LIC's CAs against Delhi & Chandigarh Judgments.  


CA No 8959 - 62 against Jaipur Judgement dated 12.01.2010 (next date of listing 12/08/2014) runs in to 478 pages and calls for a Reply/Counter Affidavit to be filed. Mr KML, I know, is in the process of taking further steps. It is a very very elaborate exercise. Same is the case, I think with the Respondents in respect of the other two Judgments also.

In this background, one cannot expect any early 'disposal' of the Civil Appeals even before the Counter Affidavits are filed by us. It is not at all my intention to make light of the purpose of the Petition to CJ. I am only alerting the Respondents in all the three sets of CAs to appropriately reschedule their priorities and comply with the Notices received in LIC's Civil Appeals, well in time. I am aware it is a daunting task.

Personally I am tempted to look at the piquant situation as a potential challenge to be converted in to an opportunity.

Will elaborate my views on that separately.

Thanks and regards,

M. Sreenivasa Murty

HYDERABAD 500090

+919177737356

LET THE DISCUSSION GO ON...


Dear All L.I.C. Pensioner Friends,

Let me admit very honestly that being a recent entrant to 
Community of L.I.C Pensioners, I am at my learning stage only. After my retirement from LIC, I 
joined Panchkula Unit of L.I.C. Retired Class One Officers Association under Secretaryship of Sh. S.N. Chhabra who is very senior to me in age as well as experience. Our Panchkula Unit affiliated to AIRIEF provided me an opportunity to attend 8th G.C. of AIRIEF held at Ahmedabad and then one E.C. meeting at Udaipur and both meetings enriched my exposure.

However, I am a vocal supporter of debating burning 
issues relating to L.I.C. Pensioners and legal fight, and 
listening to all shades in a healthy environment 
must be encouraged. We can learn a lot from healthy 
criticism also. I appeal to all pensioners to please 
start a very healthy and academic debate through 
'L.I.C Pensioners Chronincle', on the topic 

"Merits/demerits of Mission Unity and Joint Legal Battle at Supreme Court as suggested by Sh.Sreenivasa Murty"

To me personally, this is the best proposal and must be supported by one and all.

However, we are eager to listen to all pensioners in this matter.

B.R.Mehta, Panchkula
mob 09915040164
email brmehta1952@gmail.com

Sunday, April 13, 2014

HK AGGARWAL


"Ordinary members of pensioners fraternity
like me fail to understand what sort of another
unity talk is going on. Is it to re-rail or derail the
whole process?
When all have one common goal to get full
justice without further delay, so why to
open more fronts, although in a democracy
people do have difference of opinion, and
media has a role of its own", writes
Shri HK Aggarwal in his latest post
posted below.

"There have been several mails from enlightened Pensioner 
friends stressing the need for unity; formation of Joint 
Committee and so on. So why this sudden spurt of mails for unity ? 
If the fruits have not reached the pensioners, the reasons are apparent.
Those who are really well wishers of pensioners should form Committees 
in every city for mobilizing Legal Fund and send it to the Federation 
so that services of some prominent Advocates are engaged to 
forcefully plead the case at the SC on behalf of pensioners",
adds Shri SP Sood.

HERE'S SHRI AGGARWAL'S LATEST POST.


FRIENDS,
IT IS JUST IN REFERENCE TO "PLAIN-SPEAK" by 
Dear Sh M. Sreenivasa Murty


The need of the hour is:-

1. Lets be bold enough to stop uncalled for apprehension and malicious propaganda, as observed by Mr. Sood in the common interest of all.

2. We have to consolidate the gains of 15 yrs. long legal struggle successfully spearheaded by Sh KML Asthana, fully supported by AIRIEF and majority of the pensioners by their financial and moral contributions irrespective of their class or cadre or affiliation, exhibiting solid unity of all pensioners. (Ordinary members of pensioners fraternity like me fail to understand what sort of another unity talk is going on. Is it to re-rail or derail the whole process?)

3. The intentions may not be bad as the delay in the delivery of justice, caused by callous and unhelpful attitude of LIC at the behest of FM/GOI, has spread some pessimism which we all must fight unitedly by lending renewed support of all kind needed to carry on the legal fight to a fruitful conclusion.

4. Lets save and pool our energies reflecting our determination and resolve to get implementation of SJ HISTORIC JUDGEMENT dated 12.1.10 allowing both the writs on upgradation and DA anomaly, in letter and spirit.

5. I am sanguine that positive, concrete suggestions like APPROACHING CJI for early disposal of pensioners cases mooted by me, Sh RK Viswanathan and many others will not be opposed by even Sh Asthana or AIRIEF or any other Assns.


6. There should be no doubt as to our KURUKSHETRA ie. JAIPUR. Even Delhi & Pb-Hry High Courts Judgements are based upon Jaipur.

7. When all have one common goal to get full justice without further delay, so why to open more fronts, although in a Democracy people do have difference of opinion, and media has a role of its own.

LETS HOPE AND PRAY GOD TO GIVE US ALL THE STRENGTH TO REFRAIN FROM UNDUE CRITICISM, ACT & THINK POSITIVELY, CO-OPERATION & RESPECT FOR OTHERS, NO ILL WILL, ARISE AWAKE AND STOP NOT TILL WE ACHIEVE OUR GOALS.

WITH BEST WISHES FOR GOOD HEALTH OF ALL
H K AGGARWAL.

CH MAHADEVAN



SWAMI VIVEKANANDA



BEFORE THE HON'BLE CHIEF JUSTICE OF INDIA


Revered,Respected & Hon.
Chief Justice of Supreme Court, 
Sir, 


Re:Court matters of Insurance Pensioners prolonged ---
your immediate intervention solicited


1) We wish to bring to your kind notice some crucial facts & developments in the long drawn out, tedious & tortuous legal battle with LIC & UOI about pensioners issues & problems,dragging on & on,for last 12 years & more.Sir,one can understand, if no decision has come from arbiters of Justice & Equity,the Pillars of our Democracy,HCs & SC,who are real Guardians & Protectors of the disadvantaged, the oppressed, the discriminated, Elders & Sr Citizens,one can have less grouse,but ,Sir, when ever so many Verdicts & Judgements have come, all in support of the Pensioners ,over a long period of time after submissions from all parties,You,as Chief Justice of India, as the Lighthouse of Justice ,must intervene to stem the prolonged delay & give directions to SC to call a spade a spade, issue writ or direction or mandamus to LIC/UOI to implement the Rajasthan HC judgement dt 12/1/2010 of Hon SJ Bhandari admitting both the writs of 6676/1998 on Dearness Relief to establish equality, as is for serving Employees,instead of truncated 50%DR ,as is being paid for pre-8/1997 pensioners, having crossed 76 yrs to 86 yrs already & losing a chunk of DR in these hard-hit days of inflation raging all along.

2)Sir, the 2nd writ admitted was CWP 654/2007 exclusively on pension upgradation substituting scales of pay as & when wage revision for employees take place, quoting many reputed case laws apart from the Magna Carta for pensioners in Nakara case,the 5-Judge SC Bench presided over by Hon CJ Chandrachud,an elucidation & dissertation by Learned & Hon SJ,Rajasthan HC ,pointing out gross anamolies & discrepancies in pension whereby 10 cadres below get more pension than the higher cadres retired few years before,that date of retirement is irrelevant, one cannot discriminate groups of pensioners as pre & post,all pensioners form one single homogeneous group only & particularly,when it is an Existing Pension scheme & not any New scheme,all pensioners assuredly deserve pension revision with every wage revision.Sir, many times it so happens, even after favourable verdicts,when Hon Judges fail to mention Effective date categorically, again a flurry &blizzard of supplementary legal activities are forced upon.So, DR from the date of discrimination ie pre-8/1997 pensioners & pension upgradation wef CWP 654/2007 date ie 1/1/2007 or earlier as per rules 1/1/2004, if allowed,will greatly enhance the value of judgement without any hassle of diverse interpretations.Sir.

3) It is not for us to point out or portray the ever so many judgements in favour of pensioners or the brilliant expositions from IV,V & VI Pay Commissions propounding the basis & fundamentals of granting pension upgradation with every wage revision,almost on similar lines as is being done for employees,Sir, we are still in IV PC mode Basic pension same & static as at 1/11/1993, 21 long years,majority of pensioners above age 70 ,especially in a democratic, egalitarian & Socialist pattern of Society,more so respecting & honouring the Sr Citizens & Super SrCitizens,who in their long, devoted & dedicated service of 35-40 yrs solidly laid the foundation, built a superstructure,rationalized principles & procedures of various departments in all tiers of the institution,hastened computerization & indeed,with all slings & arrows of outrageous misfortune of transfers,disturbance to family life & ever so many hazards of office ,yet, with a smile displaying empathy for policyholders & all stakeholders,created records, broke records enabling the Institution LIC shine brilliant & lustrous,Sir, really an economic TajMahal , Rock of Gibralter ,participating in all Nation building activities, helping Aam Aadmi,social security to the economically weaker section of society as no other institution could have done or can do,Sir, pumping money for all 5-Year plans touching every Section of society & even assisting Govt in preserving stock market balance, all these multi-dimensional activities earning accolades of praise from PM & FM even rightly asserting with a sense of glow –there can be NO BETTER 3-LETTER WORD THAN LIC--& Sir, then more so, we humble elders & Sr Citizens certainly associating ourselves with a sense of attachment & pride of profession & performance, can we not get a slice of the cake, with accepted principles tested & emerging from the fiery furnace of legal battle, with adjournments & postponements & vacation,but more after Appeal as also Review petitions were dismissed,4 Courts,10Judges have opined on similar lines, Punjab & Haryana HC certifying Hon SJ Rajasthan HC verdict & adding 12 % for the delay,Delhi HC acknowledging & adding “in rem” to all pensioners in same aggrieved category, SC clarificatory order dt 14 October, 2012 allowing retiral benefits from the date of eligibility, meaning date of retirement, what more is needed, Sir

4) More so after the 23/6/2010 National Litigation Policy announced by Law Minister,it will be suffocating if the golden & guardian principles are not followed or not implemented, thrown to the wind by the Powers that be, ascardinal principle in focus was to ensure Govts/Instns do not become compulsive litigants & No Appeals or Reviews are made by them, more so when it concerns retirement or pensionary benefits.  In our case, not one victory but a series of victories,Sir.


5) Your Honour,pathetically we bring to your kind notice,with tears in our eyes that more than 12,000 pensioners have died out of app 48,000.All our letters, face to face meetings with the powers that be,& polite outbursts have evoked no response.Sad, death is treated as an event ,no human touch or understanding ! You & You alone can bring sense & semblance of accountability & responsibility,without which Umpire or Beacon light, country will deteriorate & institutions will be crippled, as it happens to day without a modicum of independent Corporate Governance,which must form the bedrock of decisions.


6) More than 14 years,money,labour, energy, inconveniences, delay, adjournments, court rules & procedures, adverse health,sacrifices,are being silently borne by pensioners, activists straining to maximum even in adversity, affecting their health. Lack of money power, lung power, muscle power, political power must be compensated & addressed only by High Courts & Supreme Court.Facts are clear as crystal, reason & logic of demands are powerful, no one can deny discrimination, violation of Fundamental Rights enshrined in constitution, Article 14,16 & 21 ,decades have rolled by, none to wipe the tears, demands are modest & legitimate, Court victories are galore & successive, one after another.

Lastly, it must not be forgotten & it can be rightly claimed, we Pensioners won the case & all was over perhaps on that bright day, 8th August 2013,

1) when our Petitioner Sri Asthanas IA 12 & 13 were admitted,

2) LIC SLPs 29956 & 29957/2011 were dismissed &

3) This proviso only went against us, as SC Bench gave LIC a fresh lease of life to file fresh SLPs with caution & warning delay may not be normally condoned, but ultimately when SC categorically ordered”NO STAY of Hon SJ Rajasthan HC orders dt 12/1/2010 & allied matters”,a clear indicator of their minds but condoned such an enormous delay of 6 months & 23 days on 30 September, 2013

7) 
Sir,dispensers of justice must bring solace & comfort to the needy litigants with a spirit of zeal & zest & when justice is trampled upon,Courts must immediately step in & remedy the injustice perpetrated in any garb whatsoever. This will bring credit & glory to yourgoodself & indeed such valiant,original efforts will bring dividends to society & earn accolades for such drastic purification of the legal sytem where vital matters like these must be addressed & resolved with promptness & aplomb

8) You have done yeoman service in judicial sphere & matters of legal jurisprudence. You have adorned all posts with distinction.Your out-of-the-box remedy by disposing lacs of cases in Adalats in various courts bear standing testimony to your care & concern for the underdog.Your judgements involving all disciplines, Centre & State with high profile politicians, bureaucrats & businessmen clearly & candidly bear your intellectual imprints consisting of novel ideas. We would have very much liked to approach you earlier,but especially when SLPs after SLPs, converted as CAs masquerade & getting clubbed, proving detrimental to pensioners, your positive & assertive intervention will deliver the fruits of judgements ,which is being denied to us under one pretext or another.

We are small men, UIPs, UnImportant Persons. Symbol of the Balance is touching & revealing. Supreme Court, under your able, dynamic& progressive leadership & captaincy,even in this real hour of distress & frustration can prove Supreme. Sir, With folded hands we beg of you to bring this tortuous,expensive legal battle, which LIC/UOI can comfortably bear driving us to despair to a happy,positive & satisfactory conclusion. Please bring to closure these cases of ours, thereby giving Voice to the voiceless,Power to the powerless for which act of kindness, benevolence& empathy, we the Entire Insurance Pensioners Fraternity shall for ever be eternally grateful. We salute you & bow before you on this auspicious Vishu & Tamil New Years day heralding JAYA, earlier having ushered sprightly Holi, Ugadi & Baishaka.

Yours most respectfully & faithfully,

R.B.KISHORE,VP,
ALL INDIA RETIRED INSURANCE EMPLOYEES;FEDERATION,
EXECUTIVE DIRECTOR(Retd), LIC: 12/4/2014
044-2815 5810/ 098403 40591


To: Hon Sri P. SATHASIVAM, Hon Chief Justice,Supreme Court of Ind ia,New Delhi