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Thursday, January 31, 2013

INCREASE IN DEARNESS RELIEF




ARGUMENTS .... FOR AND AGAINST ... CONTINUE.

MORE IN THE FRAY ..... !




Delhi HC and  even Punjab & Haryana HC were fully based on Jaipur Judgement.

It is a relief for us all and hope LIC/GOI open their eyes 
and do not delay the payment of pensioners all retiral benefits
 including upgradation as per Jaiput HC orders and SC.
Wish good health to all.
Regards
HK Aggarwal




Dear Sir,

I find you have updated your blog with feedback from Shri Asthana at 6.49AM.
Commendable effort and dedication.

Congrats.
Please continue
with regards,
rksahni

ASTHANA'S COMMENTS "UNFORTUNATE" - COMMENTS A READER.

Heated arguments outside Delhi HC !


An anonymous has commented:-

When a person is in the Driver's seat, he should know fair driving. Shri Asthana should have desisted  from making unwarranted and uncalled for comments. His comments are rather unfortunate.   

From a pensioner's point of view, I must say, any judgment is a good judgment if it serves the wider interests of the pensioners in general. Who argued what and what not is not the crux of the issue.  That it fortifies the arguments of the pensioners is all that matters. 

I know I am making harsh comments when I say that the Jaipur judgment is not a well argued verdict. If I say the whole verdict is the result of LIC's inefficiency in not properly conducting court cases in Jaipur, so many commissions or omissions on their part etc., how will Shri Asthana react ?

I am sorry I am making these comments.  I don't think, you will publish this.

( Readers may join the issue.  Your views may be sent to: licpensionerscalicut@hotmail.com )


ASTHANA ON DELHI HIGH COURT VERDICT




THE SENDER ( SHRI GNS ) HAS CONCEALED THE MATERIAL FACT 
THAT THIS WRIT PETITION HAS BEEN DECIDED BASED ON THE 
WRIT PETITION OF JAIPUR DIVISION AND THUS YOU HAVE GOT
 MORE RELIEF THAN WHAT HAS BEEN SOUGHT IN THE WRIT PETITION.

ASTHANA

Wednesday, January 30, 2013

S T O P P R E S S


I am glad to inform that a Division Bench of Delhi High court ALLOWED
our above writ today and 

copy of judgment awaited in a week.



Further course of action will be decided by our core committee meeting at
Mumbai on 3rd Feb 2013.  

LIFE INSURANCE CORPORATION OF INDIA will have to go by  this DIVISION BENCH verdict or go only 

to Supreme Court in appeal. 



GN SRIDHARAN


Tuesday, January 29, 2013

Wednesday, January 23, 2013

ORDER IN CONTEMPT PETITION IN RAJASTHAN HC






ORDER OF THE COURT
(Single Bench Contempt Petition No. 760/2010)
In
Single Bench Civil Writ Petition No, 654/2007
15.01.2013
HON’BLE JUSTICE SHRI MAHESH CHANDRA SHARMA)

Shri Krishna Murari Lal Asthana, Applicant himself present
***
It is the statement of the Applicant that the Respondent/Contemnors are not complying with the order of the Hon’ble Supreme Court therefore compliance of the order in question be got made by the Respondents/ Contemnors and they be punished for non-compliance.
Heard. This Court has carefully gone through the order passed in the past and the petition.
In case the circumstances exist as above then liberty is granted to the Petitioner that he may file Contempt Petition before the Hon’ble Supreme Court for compliance of the order in question, because in the case Special Leave Petition is under consideration.
List the case before the Court after four weeks.
Sd.
(Justice Mahesh Chandra Sharma)


RAJASTHAN HIGH COURT ORDER DATED 15-01-2013
IN CONTEMPT PETITION NO.760/2010




Announcing....



An interview

with

Shri KML ASTHANA




To be

published

sometime


next month.



-  Editor

Monday, January 21, 2013

AN INTERVIEW WITH GN SRIDHARAN (11)



What is going to be your future thinking towards Asthana's court cases?

It is not fair to air views on this when I have already been misunderstood. 


There are extreme views - one is that final victory is on the threshold as a good majority of pensioners are made to expect, and the other according to some pensioners is that revision of monetary benefits like the one that is sought for is the prerogative of employer and would not fall within the ambit of judicial review if the latter expectation materializes it will write a new history in the pension world. 

However one must remain neutral on any litigation initiated by anybody including the one you refer to.



(Concluded)

AN INTERVIEW WITH GN SRIDHARAN (10)



Now that this request for transfer is not favourably considered by S.C. what will be your next course of action? 

The transfer petition was not allowed on the ground that "there are cases pending for 10 to 15 years in Supreme Court itself'

We have options which in fact the options came up for discussion during the hearing of our Transfer petition. Anyway, the core committee of our Federation is scheduled to meet at Mumbai early February which will decide on the next step.


(To be continued)


AN INTERVIEW WITH GN SRIDHARAN (9)



YOUR REASONS FOR MOVING THE SUPREME COURT FOR GETTING THE WRIT PETITIONS TRANSFERRED TO THE APEX COURT ?

The only and strong reason is that neither myself nor any overwhelming majority of our E.C. members do not want the problem of pre -97 retirees to go by default whatever happens to the SLPs pending in the Supreme Court where the focus is on the powers of the Government, to control any changes in the monetary benefits of employees (including pensioners) rather than on the justness of the demands or genuineness of the problem. 


The above two High Courts (Kerala and Delhi) have for the past two years  been slapping adjournments on the ground of pendency of SLPs in S.C. though in the both the HCs our petitions are in the list for final disposal.

It is unfortunate that Delhi HC has passed as many as eighteen orders mostly on deferrals. We genuinely felt that it would be safer and appropriate to bring the issue to the scrutiny of Apex Court.


I must make it clear that the issue in the two HCs are not similar to those in SC because we are on a single issue of discrimination offending constitutional rights under Art 14 whereas SLPs are also on other multiple issues including the one that relates to (point-to-point) revision based on wage revision for in-service employees, decision on which could be anything or court decision by itself may not be the end.

(To be continued)

AN INTERVIEW WITH GN SRIDHARAN (8)


What are your reasons for filing writ petitioners in Kerala and Delhi High Courts and future course of legal action that you envisage? 

Both these petitions relate to the single issue of anomaly in DR rates to
pensioners. 

Adoption of different basis for DR by whatever method or formula clearly offends Art 14 of the constitution.

I am confident that we will ultimately succeed in them. We are seriously pursuing to get them heard on merits instead of being deferred repeatedly on the pretext of SLP pending in the Supreme Court. 

The Writ in Delhi is coming up on 30th January 2013.

AN INTERVIEW WITH GN SRIDHARAN (7)





Advantage of fighting legal battle to  pressurize Government ?  

Recourse to legal action is definitely advantageous if the demand or problem can evoke judicial decision under any provision of law. 


For instance, DR Anomaly squarely falls under this category in that paying different rates of DR for the single class of pensioners is clearly repugnant to equality of rights, as guaranteed by the constitution.



(To be continued)

AN INTERVIEW WITH GN SRIDHARAN (6)







GNS: Yes, apart from discussion at secretarial level, this can he done by contacting politicians who appreciate our problems. They can if convinced take up issue either directly or through parliament. This is certainly a positive step to tackle ministerial incumbents and break the departmental hurdles. 


I have had enough experience in my earlier eighteen year's stint as the General Secretary of the in-service organisation. In fact, I have made a few attempts in the past few years, which I continue. There are considerable difficulties in spotting right persons and finding their time or getting their attention. On that score, we cannot give up.

(To be continued)



AN INTERVIEW WITH GN SRIDHARAN (5)


ACHIEVE PENSION BENEFITS ETC. BY EXERTING PRESSURE ON LIC MANAGEMENT ALONE ?


GNS:  Management is primarily responsible for welfare of their employees (including retirees). That is the theory. However, pressure on management is only one way. 

My interaction so far with people in management have indicated that they are after all sympathetic but can only plead 'helplessness' in the face of "big brother" attitude of members nominated on the board by the Government. 

Our own strength Is-vital which we miss but the minimum that we can exhibit is a common approach (or united action) confined to the one issue (pension) of retiree, similar to common minimum programme that the ruling political parties have agreed for people.

(To be continued)

AN INTERVIEW WITH GN SRIDHARAN (4)



JOINT STRUGGLE BY ALL TRADE UNIONS IN THE INDUSTRY.


GNS:  Yes, certainly, but unfortunately there is no coordination even among the organizations representing the retired workforce. 

On our part, we had initiated as far back as 2009 a call for a joint action. We received acknowledgement from one organization that they would consider but nothing happened beyond that. Even that acknowledgement was missing from the other.

Last year I attended a meeting of a united forum of bank retirees. How I wish the similar oneness exists with our retirees. In addition, the in-service organisations of banks vigorously take up the cause of retirees, and they have achieved substantially like bringing a large section of left out retirees and their dependents to the pension fold. 


I am of the firm opinion that to achieve
 in our goals, (1) we must have a united action which will incidentally iron out differential views amongst our organisations and very close liaison 
with in-service organisations which have voice, (2)continuous dialogue with management and government and (3)required political support. In other words,it is only  themulti-pronged campaign will fetch results, and court cases alone will not fetch what we want.

(To be continued)


Sunday, January 20, 2013

AN INTERVIEW WITH GN SRIDHARAN (3)



DIFFERENT PROBLEMS FACED BY DIFFERENT GROUPS OF PENSIONERS IN LIC




GNS: As already stated, these are (1) discriminatory treatment owing to differential DR formula affecting old (pre-1997} retirees, constituting 45 to 50% of pensioners (2) disparity of colossal order in pension following the regular salary revisions which affect all pensioners who have retired in different span of time. The third one of course relates to the pittance in ex-gratia received by pre1986 retirees, although not pensioners, who receive Rs.300 which remained static ever since it was introduced in 1995. This demand like a few others that can be decided by management itself without concurrence of the government is also eluding solution.

Some pensioners are in distress as they are unable to cope up with the  increasing expenses, and some take such a low amount as insult to them. The unfortunate situation is that relief to the third category of people which does not require an amendment to pension rules is also hanging for reasons best known to LIC. All benefits to pensioners are shelved on the pretext of court cases by LIC, RBI and NABARD have long back granted certain benefits like revision in ex-gratia arid uniformity in DR. 

(To be continued)


AN INTERVIEW WITH GN SRIDHARAN (2)







Perspective of the problems faced by LIC pensioners in general?

GNS: As we all know, retirees are slighted on three counts: discrimination in DR pattern, triviality of ex-gratia to pre-1986 retirees and ghastly distortion owing to the stagnated pension. Prudence dictates that the first two issues, being comparatively simple in nature, are sorted out immediately as the affected pensioners are fast dwindling in number. The third one, undoubtedly of complex order, demands a totally different approach and multiple routes to reach solution.

The issue of DR anomaly will have to be set right one day or the other, sooner or later, in the backdrop of LIC management itself having recognised its justness and a few judicial pronouncements on such a disparity being already out. Adoption of differing basis for DR and creating class within class with unjustified and artificial cut-off dates is clearly unconstitutional. On the other hand, the issue that relates to revision, I am firmly of the view, is pretty difficult to achieve, though the justification for revision and breaking the stagnation is more than justified.

In my opinion, the legal case by itself will not yield the much sought-after revision which view of mine may however be contrary to the 'great’ expectation of a section of retirees.The real problem arises by clubbing both the simple problem and the complex issue together for solution in one go. Nothing has fructified in years. We are not able to pluck even the low hanging fruits. All do not have hundred years to live. Should not people get some benefits in their lifetime? Most of the affected retirees are in the age group of 75-85. Is it not prudent to clinch easier ones immediately and devise a strategy to achieve the complex one in time to come. The pre-86 retirees are drawing pittance as ex-gratia. They have nothing to do with the court cases, but then are also deprived of benevolent consideration. They are all of 80 or 85+. I am sad about it. Why does it happen?

Above all, as we are anxiously engaged on pension and significantly on pension only, but other considerations that are very material to our health and very survival, such as liberalized medical scheme, domiciliary treatment facility, cashless hospitalization and the like, and also social considerations such as escalated pensions to higher age groups have all been unfortunately relegated to the background.  The younger groups among pensioners should dispassionately think about it.

(To be continued)

I CANNOT MAKE A RETREAT... I PROMISE.


My well meaning friends and well wishers have been telling me of late to toe a particular line in my editorial policy.  But it has been my endeavour throughout to make this humble venture a meeting place for all LIC pensioners regardless of their pensioner associations.  Let us differ in our approach.  But when we do so, let us say our arguments, bold and clear, to the rest of our brethren.  Having divergent views is not a crime.  There are no traitors.  There are no enemies.  Our welfare is our responsibility.

It was a long way indeed for me to reach the present publication LIC PENSIONERS CALICUT.  I published my first magazine when I was only 15 or 16 years old and a High School student then. When the School published its official magazine, I published my own which was a better one by any standard. One of the contributors to this magazine later became a MLA and General Secretary of KPCC and another, a well known short story writer.  I remember, my teachers collected the magazine from me and lauded my efforts and appreciated the earnest endeavour.

When 'OIC' was established in LIC, I introduced a number of improvement schemes in Kozhikode Divisional Office.  Some of the details of these efforts have been already published.  More posts will be published under the head "MY LIC DAYS - my life and struggles".

I was a freelance journalist and my first article entitled "All about mortgages" was published by 'Yogakshema' sometime in 1987 or so.  I have edited magazines 'Clarion', 'Between Us' (for LIC) and 'Initiative'. The reason for publishing 'Initiative" was that those who funded the venture wanted  I should not publish an article written by a prominent gentleman.  Later I published this article in 'Initiative' without anybody's interference. 


Coming to court and court cases, I personally appeared in a court and argued a case against wage recovery for participation in Dharna in 1977.  Even a person like me about whom Yogakshema has published details of my work was denied promotion as AO.  I didn't represent in the usual way to LIC but I responded in my own style to this by filing a writ petition in Kerala High Court which was withdrawn at the instance of RM(P&IR) who transferred me to a place of my choice after my promotion.

And coming to LIC PENSIONERS CALICUT, my own Pensioners Association of which I am an Executive Committee member wanted me to publish materials of the Association only.  I mildly reacted and added three words "An Independent Initiative" to the blog....

This is my life...  These are my struggles....  LIC PENSIONERS CALICUT will continue to carry all materials, news and views of all Pensioner Associations.  That's the policy. This policy holds good now and will continue to guide me at all times....I promise.

EDITOR,  'LIC PENSIONERS CALICUT'

Saturday, January 19, 2013

A READER'S COMMENTS.


AN INTERVIEW WITH GN SRIDHARAN (1)




LIC PENSIONERS CALICUT recently talked to Shri GN Sridharan over telephone.  
That was a rewarding experience for us.  We were trying to get clarification for various questions about which there was a lot of misunderstanding.  We believe he has clarified the points.  


We specifically requested him to make a general survey of the situation obtaining in the country in general and in the Life Insurance Corporation of India in particular.  We asked him whether he envisaged the possibility of a joint struggle by all trade unions in the industry.  We also asked him if it would be possible to realize our demands through the intervention of courts.  

Naturally there was also discussion about writ petitions filed in Kerala and Delhi High Courts, his transfer petition in the Supreme Court and of course we posed the question as to what would be his attitude towards Sh. Asthana's petition in Rajasthan HC and SLP in Supreme Court.  In a few posts from tomorrow, we will be publishing this interview.  


General survey
1. What is your perspective of the problems faced by LIC pensioners in general? 
2. What are the problems faced by different groups of pensioners in LIC ?

Joint struggle by trade unions
3. Can we envisage a struggle jointly by all trade unions in the industry for the  realisation of the just demands of LIC pensioners as regards pension?
Pressure on management and government.
4. Can we achieve these demands for pension benefits by exerting pressure on LIC management alone ?
5. Can we in any way exert pressure on government and realize our demands ?
Legal battle
6. What is the advantage of fighting a legal battle and pressurize the government to sanction pension to all sections of pensioners alike and without any discrimination ?
Intervention of courts.
7. Can we realize pensioners demands through the intervention of courts?
Writ petitions in Kerala & Delhi High Courts.
8. Your reasons for filing writ petitions in Kerala and Delhi High Courts and future course of legal action envisaged by you in this matter?


Transfer of petitions to Supreme Court.
9. What are your reasons for moving SC for getting these writ petitions transferred to the apex court?
10. Now that this request for transfer is not favourably considered by SC, what is going to be your next course of action?
Your attitude towards Asthana's court cases.
11. What is going to be your future attitude towards Asthana's court cases?

(will be continued)

Friday, January 18, 2013

Wednesday, January 16, 2013

MAJOR ISSUES CONFRONTING PENSIONERS.

The latest Circular issued by Federation of Retired LIC Class I Officers' Associations has given focus to the following points:-
1.  It is not known when the SLPs in the Supreme Court will be listed.
2.  By depositing meagre amount in two instalments, LIC has indirectly given an indication of what was envisaged by them in the resolution of 24-11-2001.  Any alternative interpretation is left to the imagination of pensioners.  Unfortunately in the SLPs before the Supreme Court the focus is heavily on the powers of the government under section 48 of LIC Act rather than on the genuine problems of pensioners.
3.  After our transfer petition to get our writ petition on DR anomaly before Delhi and Kerala High Courts being transferred to Supreme Court itself was disposed off, we have been concentrating on bringing them up for final disposal early.   Our Delhi HC writ petition is to come up in the normal course for hearing on 30th January 2013 and our Senior counsel has assured that he will press for final disposal.  We learn that Kerala HC may also list the matter for final hearing shortly.

Tuesday, January 15, 2013

JAIPUR BENCH CCP 760/2010 LISTED ON 15-01-2013.




Court has suggested that Sri. Asthana should approach Supreme Court.

Sri.Asthana has initiated necessary further action.

Please await developments.




Saturday, January 05, 2013

Friday, January 04, 2013

JAIPUR COURT DEVELOPMENTS...


The following statement has been issued on behalf of Sh AML Asthana:-

SH ASTHANA HAS  AGAIN FILED THREE APPLICATIONS :- 

1. MAKING PRESENT CHAIRMAN, MD, ED ETC ALSO AS CONTEMNORS,

2. REQUESTING COURT TO ASK LIC TO IMPLEMENT COURT ORDERS
3. REQUESTING  COURT FOR EARLY DISPOSAL OF THE CASES.

 
ALL PENSIONERS MUST REMAIN UNITED AND STAND BY SH ASTHANA
AND  LEND ALL SUPPORT TO HIM .

SH ASTHANA HAS ISSUED FOLLOWING APPEAL :-

“PLEASE ALSO COLLECT CONTRIBUTIONS OF YOUR AREA TO CONTEST THE
CASES BECAUSE IT WILL REQUIRE ADDITIONAL EXPENDITURE.........”

Sh.KML Asthana's Bank account Number is  20090338283 - State Bank of India, Branch code 05869, Hatwara Road, Opp ESI Dispensary No. 4, Jaipur-302001. ADDRESS OF SH KML ASTHANA: B-8, Shanti Nagar, Ajmer Road, Jaipur-302006.

Wednesday, January 02, 2013

A TRIBUTE TO THE BRAVE GIRL !




(Unknown author.
Received from Shri HK Aggarwal)

" SEND THAT BUG LETTER " TO HIM...

My life, my struggles.
An American tramway company received frequent complaints from the travelling public about bug nuisance in the tram compartments.  And whenever company received these complaints, they promptly replied the complainants that bug nuisance will be soon put to an end.  People who received replies from the company appreciated the earnestness of the company in solving the problem and sincerely thanked them. This continued. 

 Once a complainant received company's reply. 

It was found to his utter surprise, instruction to send a reply was also found clipped to the letter he received.  The slip clipped read: "send that bug letter to him"!  So goes this familiar story...

My friend in the SDM's secretariat told me this story when he saw the letter I received from Shri N. Balakrishnan, Secretary (OIC) of LIC Central Office in reply to my letter sending him the details of work reduction program undertaken by me in the L&M Department of Kozhikode Divisional Office.  Secretary's letter promised, he is examining the suggestions sent to him.  A committee has been constituted for this purpose.  And the Secretary (OIC) promised to write to me as soon as possible.