* CHRONICLE - PENSIONERS CONVERGE HERE, DISCUSS ISSUES OF THEIR CHOICE * CHRONICLE - WHERE EVEN THE CHAT COLUMN PRODUCES GREAT DISCUSSIONS * CHRONICLE - WHERE THE MUSIC IS RISING IN CRESCENDO !

Wednesday, July 31, 2013


Vasudevan S (sabari.pollachi@gmail.com)
To: licpensionerscalicut@hotmail.com
Picture of Vasudevan S
dear sir,
           I suggest the name 

LIC PENSIONERS VOICE.
A.V. SUBBARAMAN, coimbatore divn

Tuesday, July 30, 2013


NITHIN WRITES...


"...IN THE PRETEXT OF WRITING A REVIEW
OF THE ARTICLE OF SHRI RB KISHORE,
ONE OF THE COMPLAINTS IS THAT
HE (NITHIN) WROTE ALTOGETHER A NEW
ARTICLE.

THIS COULD HAVE BEEN AVOIDED... "

Nithin's latest "TIME FOR REVIEW"
will be released within a couple of
days.

HAVE YOU SENT YOUR SUGGESTIONS?

SHRI M. ARUNACHALAM WRITES -

(THE NEW TITLE WILL LOOK LIKE THIS IF FINALLY ACCEPTED.)
 the name suggested by RKV is appropriate. Other names do not have attribute of pensioners. However,

Pensioners Chronicle or Pensioners Online

also could be simple and sweet although LIC is hidden.

M Arunachalam (arunachalam.m9@gmail.com)


(Why not, 'LIC PENSIONERS ONLINE' ?   Ed.)


HAVE YOU SENT YOUR SUGGESTIONS !


We are in search of a new title to the blog 'LIC PENSIONERS CALICUT'.  A few suggestions have been already received.  Our valued pensioner friends can send more suggestions.  Editor is personally inclined to accept one of the following 3 titles highlighted.  However the final selection will not be done by him.   

BIMA PRAVAH
BIMA VANI


INSURANCE BURNING ISSUES
INSURANCE NEWS ABHI TAK




Please send us your suggestions.

Editor
we wish to come out of CALICUT 

Monday, July 29, 2013

RB KISHORE: OBSERVATIONS ON SHRI NITHIN'S COMMENTS ON MY WRITE UP

We may not be VIPs  -  But we must not allow anyone to
treat us as UIPs (Un important Persons)  - Look at the
paltry, miserly grant of Medical Allowance to pre-1986
pensioners -  WE, THE LIC PENSIONERS, ARE BEING PUT IN THE 
LAST UNRESERVED COMPARTMENT  BY THE AUTHORITIES...
writes Shri Kishore. 


1. Yes, thanx for the initial compliments. I only know the pains I had taken, on the eve of 2nd August, to portray the panorama of pensioners journey, with a mission to achieve pension upgradation with inbuilt Full DR for all. I made it not only comprehensive but also categorical, shorn of emotional content, built step by step assiduously on reason, logic, events as they unfolded, especially stress on principles which all Courts do lay emphasis.  PLUS please note we have such abundant RTI info, thanx to veteran specialists in AIRIEF, who, indefatigably apply, process, fup & all know the knotty, thorny path to get truth from such institutions & indeed we have succeeded. Some I quoted in my presentation, the SECRET letter of LIC to then Jt Sy,MOF dt 31/12/2001, 11/8/2003 etc., a potent source of info & a valuable document to be presented in SC, if required at the time of submission of arguments by our Sr Counsel.

2. It is wrong for Sri Nithin to say my entire write up is only legal, sorry, not at all.

i) What all I narrated about monstrous anomalies & grotesque discrepancies & differences in pension – is not legal, it is factual, earth, earthy data.

ii) What all  I said about DR per slab difference in various cadres & resultant inequity – is not legal, it is truth, & nothing but the truth.

iii) What all  I said, even confirming that question of outlay was never raised, yet we have to be ever ready, on LIC financial muscle & strength –is not legal, but raw data.

iv) Why, even latest FM quote glorifying LIC while electronically on digital platform, opening 300 mini offices, does it not tantamount to admission ?  So, I said Pensioners & Employees richly deserve special, unique treatment & LIC must rank as highest paid wage & consequentially highest paid pension organization.             

v) Certainly, legal issues & ramifications have to be presented for an erudite article sprinkled with all round data, case laws, Hon judges utterances etc., nevertheless, I have dutifully laid emphasis on concepts of coherence, semblance of parity& relativity among different organizations & sectors…  Again, it is not legal.

vi) Where on earth, u can notice Basic pension same, static & stagnant wef 1/11/1993, 20 long years - 2 decades - touch your hearts, is it not intolerable ?

vii) Why another Committee to unload & dish out another National Policy thro SC orders to bring to book, MOF/UOI to allow LIC & other Boards to be independent ?  Never will they agree, bureaucrats are authoritative, unapproachable, dictatorial, nod their heads, delay, dither, procrastinate --- no, no, not at all required. Villain of the piece is shrewd to ensure his hands will never be tied, he has to ride roughshod  over  prestigious Institutions Chairman, MD.
To read more, please click below.

LIC PENSIONERS CHRONICLE ?


To: licpensionerscalicut@hotmail.com
Dear Editor,
This Blog created by u is marvelous and a great service to the pensioner's fraternity.
Please consider whether the title for the Blog could be ' LIC PENSIONERS CHRONICLE'
With regards
R.K.Viswanathan 

SHRI RB KISHORE WRITES...


"It is wrong for Sri Nithin to say my entire write up is only legal, sorry, not at all.

"Certainly, legal issues and ramifications have to be presented for an erudite article sprinkled with all round data, case laws, Hon judges utterances etc., nevertheless, I have dutifully laid emphasis on concepts of coherence, semblance of parity & relativity among different organizations & sectors. Again, it is not legal.

"What all I narrated about monstrous anomalies & grotesque discrepancies & differences in pension – is not legal, it is factual, earth, earthy data."


SHRI KISHORE'S POST WILL BE UPLOADED SHORTLY. (since uploaded)

A NEW NAME FOR YOUR FAVOURITE BLOG... YOUR SUGGESTIONS INVITED !




DEAR SH. GANGADHARAN

PLEASE ACCEPT MY APPRECIATIONS FOR YOUR PROFESSIONAL ACUMEN IN CREATING THE BLOG AND TECHNICALLY ALSO IT IS BEING PRINTED/PUT ON NET  IN A MOST PRESENTABLE AND ATTRACTIVE WAY. CONGRATULATIONS AND KEEP IT UP. 

SINCE THE BLOG IS EARNING POPULARITY DAY BY DAY, NOT CONFINED TO CALICUT ONLY, AND THE COVERAGE IS ALSO ON WIDE RANGE OF CONCERNS RELATING TO INSURANCE INDUSTRY AND ITS EMPLOYEES (including retired ie. pensioners and existing employees), I WOULD LIKE YOU TO CONSIDER CHANGING ITS NAME FROM
(the name which was most acceptable and appropriate in the beginning when you had started with news relating to LIC pensioners only), 
to 
"INSURANCE WAVES", 
"BIMA PRAVAH","BIMA VANI", "INSURANCE BURNING ISSUES", 
"INSURANCE NEWS ABHI TAK",  
or any other you think or invite suggestions if u feel.
TODAY THE BLOG IS CARRYING LIVELY DEBATE ON RBK's LONG ARTICLE, COMMENTS BY SH. NITHIN & RKV.  WE MUST ADMIRE THE  ZEAL AND COMMITMENT  OF OUR PENSIONERS TO BRING FORTH AGAIN THE SOLID POINTS, ARGUMENTS, COMMENTS, SUGGESTIONS, STRONG VIEWS FOR & AGAINST,  ON THE BURNING ISSUE OF OUR CASES IN THE SC. THEY MUST CONTINUE  WRITING & EXPRESSING THEIR VIEWS TO ENLIGHTEN THE EMPLOYEES (pensioners are also employees).

HOWEVER, IN MY PERSONAL OPINION, AT THIS POINT OF TIME THESE WRITINGS ARE GOOD FOR ACADEMIC DISCUSSIONS AND SHOULD NOT BE A CAUSE OF ANY STRESS OR BURDEN ON THE BRAINS OF PENSIONERS AS THE SUPREME COURT IS NOT A TRIAL COURT TO DISCUSS FOR AND AGAINST POINTS ALREADY ON RECORD, AND EVEN THE RECENT AFFIDAVIT OF THE GOI MAY NOT BE ADMISSIBLE AT THIS STAGE. PENSIONERS MAY BE AWARE THAT LIC's SLPs No.29956-57 ARE AGAINST THE JAIPUR HC REVIEW ORDERS AND NORMALLY SUCH SLPs ARE NOT ADMITTED BY THE SC. SO LETS PRAY FOR EARLY DISPOSAL OF THE SLPs AS REQUESTED BY SH KML ASTHANA  AND HOPE THE EMPLOYEES GET FULL JUSTICE WITHOUT ANY FURTHER LOSS OF TIME. 

WITH BEST WISHES AND REGARDS.
HK AGGARWAL
(

Sunday, July 28, 2013



a view of audience.
THE ANNUAL
GENERAL BODY MEETING
OF LIC PENSIONERS ASSOCIATION
(aiipa)
WAS HELD AT CALICUT
ON SUNDAY
THE 27TH JULY 2013.

SHRI M. KUNHIKRISHNAN, VICE
PRESIDENT, AIIEA, INAUGURATED
THE AGM.


Since the offices of

LIC PENSIONERS CALICUT

are closed today, being Sunday,

Shri Kishore's post

"LIC pensioners put in the
last unreserved
compartment"

is likely to be uploaded

only on Monday !


POST DELAYED !
MORE AND MORE PEOPLE ARE READING SHRI RB KISHORE'S ARTICLES. HERE'RE BLOG STATISTICS.
These are the statistics.
"I CAN PROVE OR DISPROVE IT.
WHAT DO YOU WANT ME TO DO."
EntryPageviews
105
Jul 25, 2013
75
70
Jul 25, 2013
63
(blog statistics only)

* This is how it starts. Number increases when more and more people visit.  Lengthy articles are read over a period of time only.
(The blog recognises the reader only when he goes to the 2nd page and completes the process.Since the blog is visited by an estimated 500 persons daily, the actual number of readers is believed to be double the number shown above.No requests for statistics will be entertained. - Ed.) 

Saturday, July 27, 2013

FOR YOU HAVE COME OUT WITH YOUR COMMENTS..... THANKS, SAYS NITHIN.

________________nithin_pb@yahoo.in________________


Glad that Shri RK Viswanathan has commented on my article.  In fact I didn’t mean to write a lengthy note on Shri RB Kishore’s article.  I just wanted to make a mention of the article in my column which the Editor is publishing with title “Nithin’s Time For Review”. It so happened that while preparing the comments, it accidently got out of the normal size of brief comments which I used to mention about articles published.  So wisdom dawned on me and I sent the comments to the Editor with title “Between the lines”.

1. I do not know much about Justice Rangarajan but surely Justice VR Krishna Iyer could be mentioned as an authority in arguments before the SC.  My comments in lighter vein were about High Court judges  their judgements and remarks.  The analogy was used about mentioning in SC what HC judges said. Thereby I meant that we should take arguments one step up and quote Judges and judgments at the Supreme Court level.  Or even one further step up to the constituent assembly, national and international concept of pension, etc.  Idea was to request Shri Kishore to strengthen the arguments taking it to a higher plane.

2. “The Supreme Court shall order UOI to frame guidelines to the Government undertaking so that their Boards could undertake decisions without Govt. interference was a de facto power given to LIC when the statutory corporation was born….. the power was usurped….”, writes Shri RK Viswanathan.  This  was something which I had in my mind while writing my notes.  The idea was that we should argue, the government should frame National Policy guidelines for the government undertakings.   

These undertakings will be functioning within their powers if the guidelines are framed and approved by the SC. As long as the guidelines are not disturbed, these undertakings will have  powers and the government cannot interfere. I wanted that we should sell this idea. 

But I am sure, government may not agree for the fear that they will lose the ‘stick’ in their hands and a Government Secretary or Under-Secretary can no longer rule the Corporation. If the point is well delivered and accepted by the SC, atleast the Corporation will be free from a lot of botheration.
To read more, please click below.

* TOP NEWS * NEWS HAS COME TO US THAT WHAT IS POSTED ON 2ND AUGUST 2013 AS PER CAUSE LIST IS NOT SLP BUT IAs 12 AND 13 OF 2013 REQUESTING SC TO TAKE UP SLP FOR EARLY CONSIDERATION.

________________R.K. VISWANATHAN________________

NOT A REJOINDER TO SHRI NITHIN'S ARTICLE....


This is not a rejoinder to what Nithin wrote which appeared under the caption ‘National policy to powers of undertaking - an answer to ripple effect’. In the article certain basic facts have gone into the back burner. The legal battle going on in several courts relating to LIC pensioners requiring judicial scrutiny boils down to this -
  1. There are certain sections of pension rules framed haphazardly are deemed to be ultra vires, Article 14, 16 and 21 of the constitution. They have treated equals unequally, arbitrarily and willfully created a class within the same class. The learned counsel arguing in a court to strengthen his argument will in judicial practice bring to the judge’s attention the case laws. Justice Rangarajan’s and Justice Krishna iyer’s legal opinion off the cuff does not deserve to be brushed aside as irrelevant knowing their reputation in the Bar. The analogy that a C.O Secretary may not be interested in quoting a Z.O. Secretary does not fit in well in the judicial practice.
  2. The Supreme court shall order UOI to frame guidelines to the Government undertaking so that their Boards could undertake decisions without GOVT interference was a de facto power given to LIC when the statutory corporation was born and the Boards were meeting from time to time to take decisions but that power was usurped by an Ordinance passed in January 1981 whereby the powers to prescribe service conditions of employees were taken away and rested with the Government (The food security bill ordinance passed without a debate in the Parliament comes to my mind).
To read more, please click below.

NATIONAL POLICY AS TO POWERS OF UNDERTAKINGS - AN ANSWER TO 'RIPPLE EFFECT' ARGUMENT

__________nithin_pb@yahoo.in__________


(  Shri Nithin puts forward AN IMPORTANT suggestion of the need for a directive being given by the Supreme Court  to the Central Government  to frame guidelines for the Government undertakings by which it should be possible for the Boards to take decisions conforming to such National Policy guidelines and implement the same without the interference of the Government. - Ed. )


That was a lengthy discourse.  Indeed a marvelous attempt on the part of Shri RB Kishore.  
He has taken real pains to approach the subject of pension payment disparities in LIC. Congratulations....
That it was a very lengthy one appeared to be a defect. Second, he failed to realise the audience before him. That appeared to be another defect from the angle of an ordinary pensioner. What business an ordinary pensioner has in this matter is also a question !

Once I addressed a meeting  in a Passport office for selling policies to staff members. I was impressed with the size of audience. Indeed a good gathering by any standard.So I continued my talk with added confidence. Employed all techniques at my command, which I had kept ready for sales 'talk'. I believe, that was a reasonable success also. 

But a shock awaited me here. When I finished the talk, I was startled to find, nobody stood up and disbursed. They continued to sit there. It was real embarrassment for me!  Yes, I was slowly but surely realizing that these "ladies and gentlemen" who sat before me listening to my able talk on the need for buying insurance policies were not staff members of the Passport Office to whom I wanted to sell policies. But they were those just waiting there with tokens in their hands for their turn for submission of  passport requirements!  Here I admit, I didn't know my audience.


Reading the lengthy discourse, I wondered whom Shri Kishore addressed to.   If he meant the ordinary pensioners, sorry, they have not understood the points.  It is something more than what these pensioners can bite and chew. Pensioners do not understand these details. They are just waiting in anticipation to receive their dues.

Next, If he meant the Supreme Court judges, I should say, the judges are not interested in knowing about what transpired in the High Courts or what Shri Rangarajan, Retd. Judge of AP HC or for that purpose, what Justice (Retd.) VR Krishna Iyer said about these issues. These are unnecessary quotes. This is the reason for my curiosity to know Shri Kishore's 'audience'. If he wanted to deliver goods to laymen, such quotes are alright.  For all other purposes, it doesn't serve any
purpose at all.  

Supreme Court will frame issues and arguments are normally confined to such approved issues only. And they will love to listen to decided Supreme Court cases and Constitutional interpretations. A Central Office Secretary may not be interested in quoting a Zonal Office secretary, instead the CO Secretary will try to arrive at a decision thinking that his knowledge and thinking are far more superior than the lesser mortals in Zonal Offices.

Please... you please understand
my points ?
Coming to the attitude of Government of India, an independent observer would feel that even if Shri RB Kishore is appointed the Finance Minister (replacing Shri Chidambaram), he (Shri Kishore) will be tempted to have a look at the national scene as part of his work. He will anticipate repercussions. That's the ripple effect.  And remember, Shri Yashwant Sinha who was associated with our Associations, did not concede any of our demands when he became Finance Minister in Bajpai's cabinet. That's the tragedy awaiting us when a union leader becomes a Minister...  So Shri Kishore won't be any different as FM.

And coming to Supreme Court judges, I would love to think that they have a fascination to look at things in terms of national policies, government's vested, sovereign powers to be kept intact and of course constitutional provisions, etc. When it suits them, they will say that they do not want to interfere as it is a policy matter for the government. Or they will say that what is given to LIC employees is a package and they do not wish to interfere.  They can even say that even assuming the Board has the  power TO GIVE, the Board has also the power to GIVE NOT. In other words, court can say that it is a management prerogative and as such they do not wish to interfere.

To read more, please click below.

Friday, July 26, 2013



Dear Editor,

The procedure envisaged in obtaining cashless facility through TPA for hospital treatment is cumbersome in case one has to rush to the hospital sometimes even in a semi or unconscious stage. The rigmarole could be avoided if TPA issues an Identity card to those covered under the scheme and the only requirement to be produced is the Doctor's certificate giving the nature of illness requiring hospitalization.

"I'll have someone come in
and prep you for the bill."

On receipt of this TPA issue the 'Guarantee payment' certificate required by the hospital. Such ID cards are in vogue in RBI.

R.K.Viswanathan 

Thursday, July 25, 2013

RB KISHORE, VP, AIRIEF



(CONCLUDING PART)

BASIC, FUNDAMENTAL PRINCIPLES AND POSTULATES - A RUNNING COMMENTARY OF SALIENT & SAGACIOUS ARGUMENTS FOR REBUTTAL OF UOI AFFIDAVIT, DISMISSAL OF SLP 29956 & 29957 OF 2011 AND TO CLINCH VICTORY IN SC AND JAIPUR HC. 



11) A) i)  Outlay needed is not even the tail of the Wage agreement PLLI  or the tail of the Meal Coupon gift  on September Anniversary 2010. There should not be a miserly, lackadaisical treatment meted out to diminishing tribe of pensioners, who brought name, fame & reputation to the Institution. Board consent was secured tho PLLI norms were not met & employees got benefit, even if not qualified. Why not this magnanimity be exhibited towards lesser mortals like pensioners, who richly deserve more. Similar such outlay can well go to grant pension upgradation & to augment pensioners welfare.

  ii) It must be noted that outlay question was never raised by LIC. No new point can be raised now in SC . Yet, it is sad some elements want to put spokes, saying LIC will not be able to pay, & even going to the extent of saying LIC will be in deep trouble.  Charter of Demands for ensuing wage talks portray demand of 3/4th of last drawn pay as Basic Pension!  So too CV of pension as 50%.  

iii) Surplus 5% to Govt Rs 830cr,929cr, 1031cr for 2007/08, 2008/09 & 2009/10, Rs1138cr in 2010/11 & Rs.1282cr in 2011/12.  Taxes paid to Govt stood at Rs3625cr,3973cr & 4425cr for 2009/11,2010/11 & 2011/12.  What more testimony is required.

iv) OER was 12.10,13.10,14.89 &14.27 % for2008-09,2009-10,2010-11,& 2011-12 respectively.

v)LIC is set to settle a whopping Rs90,000cr as Maturity claims & Survival benefits during current year 2013-14,which eclipses the premium of all private life insce companies put together !!
  
11)B) i) The number  of pensioners stood  at 38,200 in 2006-07.38434 in 2007-08 & 43,043 IN 2010-11.  It is just 1907 pensioners only per Year added All India, app 238 per Zone.

ii) We took correct figures of Pensioners RP as well as FP bifurcated ,not all in jumbo together. While CO actuals were taken as app 14,460 Pre-8/97, now 14,444 almost same till 31/7/2007, We took 25,764 in all 40224 comprising 27,952 RP & 12,272 FP. BUT, as actual pensioners figures till 2009-10 itself, TP is 41,676 only.  So, Outlay figures come down much lower. Outlay will be only Rs1192 Cr. for all these years put together.  In essence, therefore, Rs 79.5cr/pa which is indeed a paltry amount for such a gigantic financial institution.  It may be recalled that LIC Counsel orally said Rs1200 capp as outlay in Jaipur HC.

iii) Total pension payments right from 1995-96 to 31/3/2011 comes to Rs3707.84cr only. We can also be happy that pension payments for all 45,476 pensioners for 1 year period ending 31/3/2012 is only Rs585.41Cr, Rs10,738PM on an average, very small amount.  

iv) Correct yardstick can also be pension payments in relation to: 

TO READ MORE, PLEASE CLICK BELOW.

RK VISWANATHAN



COME 2ND AUGUST
the Supreme court may decide who is right and who is wrong.
  • The appellant, though aware of the law that any issue to be raised for the first time in the supreme court hearing  should essentially be one of law of considerable importance and the entire case cannot be opened at large unless it is shown that substantial and grave injustice has been done and that the case in question presents features of sufficient gravity and warrant a review, would however desperately bring new arguments as a last (lost !) resort to deny what is legally due to the aggrieved pensioners and endorsed in several courts.
  • Relying on catena of  judgments in similar cases it could reasonably be presumed, should truth and justice triumph the expected judgment cannot be otherwise than what justifiably it ought to be.

RB KISHORE, VP, AIRIEF


BASIC, FUNDAMENTAL PRINCIPLES AND POSTULATES - A RUNNING COMMENTARY OF SALIENT & SAGACIOUS ARGUMENTS FOR REBUTTAL OF UOI AFFIDAVIT, DISMISSAL OF SLP 29956 & 29957 OF 2011 AND TO CLINCH VICTORY IN SC AND JAIPUR HC. 
(Continued from earlier Post No.2)


PART II


II) 1) UOI no ground to intervene.  

i) We have Supreme Court judgement of 3/6/10 categorically stating that Statutory Bodies created under law by Govt hold independent position & decision making & Superior authority cannot & must not intervene & even if they do so, that authorities dictat shall not prevail or hold good.
            “Therefore, the law on the question can be summarized to the effect that no higher authority in the hierarchy or an  Appellate or Revisional authority can exercise the powers of the Statutory authority nor the superior authority can mortgage its wisdom and direct the statutory authority to act in a particular manner. If the appellate or revisional authority takes upon itself the task of the statutory authority and passes an order, it remain unenforceable for the reason that it cannot be termed to be in order passed under the Act”         
             ii) It is, therefore, abundantly clear from the above that when once after all due considerations & circumstances etc, the  Pension Rules, 1995, as a Complete Code by itself, was promulgated by LIC with Govt Notification, all pros & cons are cleared & the course of Pension Rules, 1995  must run  without any interference by Higher Authority or UOI. Here LIC is the Statutory Authority & UOI is the Revisional Authority.

              Therefore the  Corporation is bound to implement the decision it has taken in its meeting held on 24.11.2001 with DR rectification for pre-8/97 pensioners & pension upgradation open at that point of time with merger of Revised DR with Basic Pension & so on consecutively for CPI 600, 1148, 1740

             It is settled law as laid down by the Hon’ble Supreme Court in catena
of judgments that in the functioning of Boards of Statutory Authority, the State, its authorities, Ministers and Politicians have no say.

            iii) The Hon'ble Kerala HC observed “the status of the Corporation (KSWC) as a jurist person, as a body corporate with a common seal and its existence would be scuttled and subservient to the dictates of the Govt as if the Corporation is a department in the Govt. This is
plainly impermissible ”

2)i) Differential & discriminatory violates Article 14,16 & 21 of Constitution
Miniclassification  is wrong.
Pensioners are treated as Class V
TO READ MORE, PLEASE CLICK BELOW.

Tuesday, July 23, 2013


YOU MAY CONTINUE TO SEND
MAILS TO
pggangadharan@hotmail.com
licpensionerscalicut@hotmail.com
as usual.

Problem with server appears to be over.

THANKS.

EDITOR 
LIC PENSIONERS CALICUT




THE INSTRUCTIONS GIVEN BELOW STAND WITHDRAWN.

SINCE THERE IS PROBLEM WITH  'HOTMAIL' SERVER,
ALL MAILS MEANT FOR 'LICPENSIONERSCALICUT'
AND SHRI P.G. GANGADHARAN, EDITOR MAY BE
SENT TO 
pggangadharan@yahoo.in



- Editor

RB KISHORE, VP, AIRIEF.

BASIC, FUNDAMENTAL PRINCIPLES AND POSTULATES - A RUNNING COMMENTARY OF SALIENT & SAGACIOUS ARGUMENTS FOR REBUTTAL OF UOI AFFIDAVIT, DISMISSAL OF SLP 29956 & 29957 OF 2011 AND TO CLINCH VICTORY IN SC AND JAIPUR HC. 
(Continued from earlier Post No.1)



B) i) Nakara SC 5-Judge Constitution Bench presided by Hon CJ Y.V.Chandrachud in D.S.Nakara vs UOI, regarded as the Magna Carta for Pensioners, cleared the air and categorically asserted ‘by introducing an arbitrary eligibility criteria and thereby dividing a homogeneous class, violates Article 14  & is unconstitutional’

ii)       Basic Pension unchanged and static right from 1/11/1993, a long long 20 yrs !! is obnoxious, it will be a travesty of justice, building up, perplexing anomalies, glaring discrepancies and unbridgeable paradoxes & so,has to be addressed & redressed,by Courts alone & so came the landmark judgement of Jaipur HC by SJ Hon Bhandari on 12/1/2010

iii) Even Commuted pension after 8/2002 is higher than Basic Pension of pre-8/97 pensioners, &

After 8/2007 wage ,CP is even equal to ADM’s Total Pension.

This shows such a shabby, miserly pension to the pensioners.Ridiculous if no revision of pension takes place, as is ordained in Several Case Laws,& IV, V, VI Pay Commission pronouncements.

iv) Poor Retirement benefits, I don’t want to mention the present-day Retirement benefits,pittance of Gratuity then, now Rs10 lacs,many daily disabilities & heavy expenses on all items with continued exhorbitant inflation, & especially medical outlay formidable indeed eroding already low pension. All around tragedy, depicted truly & correctly without an iota of exaggeration, a holistic picture & panorama presented,YET, some crow ONLY DR, we will see pension revision later.

v) LIC an Economic Tajmahal & undeclared Navarathna,Assets, Life Fund,Total Income, all staggering. A staggering Rs13 lac crore Life Fund & a whopping Rs 2 lac crore Total Premium Income.

vi) OER satisfactory

vii) Surplus Last 14 yrs alone,LIC paid to Govt Rs 7,873 cr, a Kamadhenu indeed & all on a mere Rs. 5 cr given by Govt on 1/9/1956 WHAT AN ENTITY, IN FACT ALL CONSTITUENTS OF SUCH EMINENT INSTITUTIONS MUST HAVE ALL BENEFITS, PERKS MUCH MUCH HIGHER FOR THE OUTSTANDING PERFORMANCE.

viii) 5-Year Plans, People money for People Welfare, tremendous fillip given by LIC, LIC Solvency & Solidity unquestionable.

ix) Outlay for pension revision after wage revision will be a tail of wage agreement PLLI, will be a tail of Meal Coupon offer by LIC to Employees apart from fabulous wage rise – Rs400 cr bonanza, a tail of other Allowances other than DA, HRA, CCA again for all.

x) HC must remember that in an egalitarian society, a democracy, with so many classes of people, there must be some COHERENCE,TRANSPARENCY, EQUITY in pension amongst different disciplines & SECTORS UNDOUBTEDLY.

It will be shocking to know that Govt TP is far higher than LIC TP & further, Govt FP itself is higher than LIC Regular Pension.

xi) As at 1/1/2011, since as per Cost of Living Index ,% DA has crossed 50 %, as per convention & Pay Commission findings, All India Govt Pensioners Fedn has already put up its demand for Merger of DA/DR with Basic Pay/Pension.
Please click below to read more.

Monday, July 22, 2013

RB KISHORE, VP, AIRIEF.



BASIC, FUNDAMENTAL PRINCIPLES AND POSTULATES - A RUNNING COMMENTARY OF SALIENT & SAGACIOUS ARGUMENTS FOR REBUTTAL OF UOI AFFIDAVIT, DISMISSAL OF SLP 29956 & 29957 OF 2011 AND TO CLINCH VICTORY IN SC AND JAIPUR HC.

SOME SAY IT IS A GRIM BATTLE, SOME FIGURE IT AS ‘FIGHT TO FINISH’,SOME SAY THIS WILL BE THE LAST OBSTACLE TO BE CLEARED TO GAIN PENSIONERS' SO-CALLED MISSION OF PENSION UPGRADATION WITH FULL DR FOR ALL — A REAL KURUKSHETRA BATTLE.

i) a) Delayed reaction from Government to sabotage our case and cause. Union of India (UOI) was represented by their Counsel during SJ Jaipur HC submissions. UOI COUNSEL HAS ACCEPTED THAT MATTERS OF PUBLIC POLICY ONLY NEED UOI APPROVAL. AFTER DETAILED, THOROUGH, PROLONGED DELIBERATIONS AND DISCUSSION ONLY, PENSION RULES, 1995 came into being.  And so, any other aspect within such Rules promulgated, LIC can take decisions and then proceeded to finally announce verdict of pension revision substituting scales of pay after wage revision. Even after Notices were issued to UOI, they never went in for Appeal. GoI was not a party to any Appeals or Reviews either in the Rajasthan High Court or the Supreme Court. We should take a strong plea that the Affidavit submitted by the GoI must be rejected and not even allowed to be argued at all.

Fight to the finish is required. DB Judges, Allahabad questioned LIC Counsel in earlier years sitting in May, 2011, when LIC Counsel accepted LIC is prepared for pension revision and full DR.  Earlier, in Jaipur case, when DB Judges asked LIC Counsel, why delay for 10/11 years, are they happy with thousands of pensioners death, LIC Counsel admitted 'Sorry'.

Jaipur DB judges asked and confirmed after LIC Counsel's positive reply (no withdrawal of LIC Board Resolution), the eminent Judges told, you can’t withdraw, we will not allow you to withdraw, it is now common property of Rajasthan HC. WHEN SUCH IS THE CASE, UOI wants to put the clock back.  IS IT NOT RELEVANT, PENSIONERS?  UOI SHOULD NOT EXHIBIT DISREGARD.

b) We should adopt all means, strategies, clever interpretation, forceful depiction, pathetic conditions of pensioners, majority above 70 yrs with ailment and diseases, PORTRAYED, LIC and UOI jointly killing the mind and mood of pensioners, with dilatory tactics, delay, flimsy grounds, especially in an egalitarian society and a democracy, respect to Elders and Sr Citizens and such noble values always upheld, whereas UOI always wants to establish its supremacy, unwanted interference in working of institutions, ESPECIALLY CREDIBLE, CREDITABLE and UNIQUE and NOTEWORTHY institutions of reputation and goodwill - LIC, strange and shocking!

c) When all promises are kept, when LIC has donned such a powerful and instrumental role in nation's economy, helped Govt to stabilise stock markets, lend tremendous assistance by way of Social Security for Aam Admi, inclusive growth and above all such a sterling contribution to Govt 5Yr Plans, Peoples Money for Peoples Welfare, in almost all sectors of people and society and nation development, and when Pensioners for long yrs 35 and more have done yeoman service and built foundation, erected fine superstructure, ably galvanised with Reorganisation in the 80s MADE THE INSTITUTION BEAR INTENSE COMPETITION WITH CONFIDENCE AND COURAGE, SUCH a Paltry pension, shame on the institution for no fault of pensioners. GOVT REGULAR PENSION IS FAR FAR HIGHER FOR COMPARATIVE CADRES. Many are not aware that even Govt Family Pension is higher than LIC Regular pension, even with all these facts, figures, reason and logic, public tribute  standing, and unqualified praise from FM and PM, it is disturbing that Pensioners should be treated so bad, UNWEPT, UNHONOURED & UNSUNG
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