I consulted a Sr. Advocate. He agrees with SC ADVOCATE and also supports our move to send an application for implementation of SC/HC orders to Chief Justice Of India with copies to FM /PM / PRESIDENT.
Since it is election year I am of the opinion that besides the legal process, we must submit the application to CJI, with copies to PRESIDENT, PM AND FM within this week. It was discussed with Sh Asthana also.
HK Aggarwal
Here's a draft (used earlier for addressing Members of Parliament) which can be suitably modified to address CJI, writes Shri HK Aggarwal. Suggestions may be sent to Shri Aggarwal direct.
MEMBER PARLIAMENT
Dear Sir,
Sub: LIC PENSIONERS
CRY FOR JUSTICE and their just demands are:
100% neutralization of DR (Dearness Relief) to those LIC pensioners
also who retired before 1.8.1997. Upgradation
of pension consequent upon revision of Pay Scales (as is done for Central &
State Governments Pensioners).
RETIRED
EMPLOYEES(PENSIONERS) OF LIC OF INDIA, WHO HAVE LAID SOLID FOUNDATIONS OF
COUNTRY’S LARGEST INSURANCE COMPANY AND ALSO ONE OF THE BIGGEST FINANCIAL
INSTITUTIONS, FEEL PROUD OF ITS GROWTH AND TREMENDOUS FINANCIAL SUPPORT TO THE CENTRAL
AND STATE GOVERNMENTS IN DEVLOPMENT OF HOUSING, INDUSTRY, ELECTRICITY, ROADS,
WATER SUPPLY, SEAWAGE ETC. ETC. Total Assets of the Corporation amounted to Rs
1152057 crores as on 31.03.2010.
WHILE LIC HAS GRACIOUSLY DISTRIBUTED THE FRUITS OF ITS STRONG FINANCIAL BASE, TO THE EXISTING EMPLOYEES BY WAY OF HEFTY
INCLEASE IN EMOLUMENTS, PERKS & A RECENT BONANZA OF DAILY LUNCH COUPONS
(which we do not resent), BUT NOTHING HAS BEEN DONE TO REMOVE THE GLARING
ANOMOLIES AND DESCRIMINATION IN THE
PAYMENT OF PENSION & DR TO THE PENSIONERS WHO HAVE BEEN CRYING FOR JUSTICE
FOR THE LAST OVER 15 YEARS.
EVEN THE RAJASTHAN HIGH COURT FAVOURABLE ORDERS TO IMPLEMENT LIC BOARD’S OWN RESOLUTION IN
THIS REGARD HAS BEEN IGNORED AND LIC (AT THE BEHEST OF THE Ministry Of Finance,
GOVT. OF INDIA) PREFERED TO GO IN FOR APPEAL before Division Bench , RAJASTHAN HIGH COURT, JAIPUR.
FURTHER MOF DID NOT CARE FOR ITS OWN GOVT. LITIGATION POLICY
OF NOT TO PREFER APPEALS IN MATTERS RELATING TO PENSIONERS, NOR THEY LISTENED
TO VARIOUS DELEGATES OR EVEN THE ADVICE OF GREAT LUMINARIES OF THE STATUS OF A ILLUSTRIOUS
RETIRED SUPREME COURT JUDGE HON’BLE V R KRISHNA IYER. HIS LETTER DATED JULY 17,
2010 ADDRESSED TO THE FINANACE MINISTER
IS APPENDED BELOW FOR YOUR KIND PERUSAL.
HUNDREDS OF PENSIONERS-SENIOR CITIZENS HAVE ALREADY DIED AND
MANY ARE IN DECEMBER OF THEIR LIFE FIGHTING FOR THEIR LIVING IN THESE DAYS OF
UNCONTROLLABLE PRISE RISE AND HIGH COST MEDICAL TREATMENT.
TO MITIGATE PENSIONERS SUFFERINGS, THE BOARD OF DIRECTORS OF
LIC OF INDIA HAD PASSED A RESOLUTION AS
BACK AS ON 24 NOV. 2001 ALLOWING 100% neutralization
of DR (dearness relief) to those LIC pensioners also who retired before 1.8.1997 AND Upgradation of pension
consequent upon revision of Pay Scales (as is done for Central & State Governments
Pensioners). LIC HAD SENT THE RESOLUTION
TO THE MOF, GOVT. OF INDIA FOR APPROVAL (though the same was not required).
BUT INSPITE OF
RAJASTHAN HIGH COURT RECENT DIRECTIONS
TO LIC TO IMPLEMENT ITS OWN ABOVE SAID RESOLUTION, LIC, INSTEAD OF HONOURING
THE HON’BLE HC ORDERS, PREFFERED TO GO IN FOR APPEAL (of course at the behest
of the MOF GOVT.OF INDIA) AND THEIR APPEAL IS LYING WITH HON’BLE DIVISION BENCH
OF RJASTHAN HIGH COURT, JAIPUR FOR HEARING/ADMISSION.
YOU BEING THE ELECTED REPRESNTATIVE OF THE PEOPLE, FOR THE
PEOPLE AND BY THE PEOPLE HAVE A MORAL DUTY AND RESPONSIBILITY TO HELP PEOPLE
PARTICULARLY THE SENIOR CITIZENS LIKE LIC PENSIONERS WHO ARE SUFFERING AND HAVE
BEEN DIFFERENTIATED ONLY BECAUSE OF CALLOUS ATTITUDE OF THE MINISTRY OF
FINANCE, GOVT. OF INDIA. KINDLY EXERT YOUR GOOD OFFICES AND PERSUADE THE MOF, GOVT.
OF INDIA FOR NOT ONLY WITHDRWING THE APPEAL BUT ALSO TO IMPLEMENT LIC BOARD
RESOLUTION AND HELP THE PENSIONERS-SENIOR CITIZENS WHO ARE AT THE FAG END OF
THEIR LIVES, SO THAT THEY GET JUSTICE AND MPs ALSO FULFILL THEIR OBLIGATIONS.
SOLCITING THE FAVOUR
OF AN EARLY ACTION.
WITH REGARDS FROM
LIC
PENSIONERS-SENIOR/SUPER SENIOR CITIZENS.
.
Letter of Justice V R
KRISHNA IYER
July 17, 2010
My dear Pranab Mukherjee,
I have a
vague recollection of having a big public meeting in Calcutta years ago. I wonder if you have recollection of me or
that meeting.
I write
this letter for a public cause so necessary for a class of people who need most
support from Government. I am happy you
have been sworn into high office as Finance Minister of India. You have done us great and in a country of deprivation
and indigent it is important that a man of your vision and socialist mission
should become vibrant ‘to wipe every tear from every eye’ if I may quote from
Nehru’s historic tryst with destiny speech over Independence Day on
15.8.1947. May I disclose to you the
pathetic condition of a class of people arbitrarily alienated from the
beneficial stream of pensioners in the LIC.
What is arbitrary is unconstitutional as a Constitution Bench has held
in the Supreme Court in Maneka Gandhi’s case (Maneka Gandhi v. Union of India,
AIR 1978 SC 597).
Here is a
case of arbitrariness which I dare say has been overlooked by your ministry and
must be set right once it is discovered.
The older the age of the pensioner the greater the need for liberal
pension since age invites infirmity. I
know this to my cause at age 95 by way of income tax benefit. The LIC pensioners are one integral group and
cannot be divided into different classes.
Date is an irrelevant factor when alteration in pension was made. The Supreme Court again in a weighty judgment
observed that the date of variation cannot be the basis of differential pension
(Vide Nakara v. Union of India, AIR 1983 SC 130: (1983) 1 SCC 305: (1983) 1 LLJ
104].
Facts
which has lead to this anomaly are as follows:-
It has
been alleged by the LIC Board where a resolution passed by them on 24.11.2001
rectifying the disparity in the calculation of Dearness allowance to pensioners
of the LIC before and after 31.7.1997, has been kept in abeyance for want of
financial sanction from your ministry. The
court had directed the LIC to implement the resolution of the Board dt.
23.11.2001 stating that the corporation cannot hold different criteria for granting D.A based on the
cut of date i.e. 31.7.1997. The LIC is
also not able to approach the court again as per the provisions of the national
litigation policy announced by your ministry on 23.6.2010.
I,
therefore feel that your ministry in all fairness instruct the LIC to implement
court judgment, simultaneously giving financial concurrence for its
implementation by your ministry.
I am
enclosing the papers connected with this received by me with a prayer that
immediate action in the matter is called for as a humanitarian and patriotic
duty which otherwise will adversely affect the old aged pensioners who may be
deprived of their benefits if prolonged further.
In the
light of my submission above and out of consideration for humanism, justice and
constitution fairness kindly accord financial concurrence to the court
order. Surely these unfortunate section as
they draw their pension on a just basis will bless you and your Government. I too will.
Statesman like action without delay will be a boon to the forsaken pensioners.
With regards,
Yours
sincerely,
V. R.
KRISHNA IYER
Encl : as above