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Thursday, November 21, 2013

POST 4



1. MOU dt 14/1/1994 between LIC & Unions clearly & explicitly says ‘’SAME DR FOR PENSIONERS, AS SAME DA FOR EMPLOYEES’, whereas pre-8/1997 pensioners DR is halved.

2. LIC BOARD Resolution dt 24/11/2001 .the foundation & pillar for Pension upgradation with FULL DR, same as that for Employees.

b) LIC in its letter dt 31/12/2001 to then JS,MOF/UOI, ‘need to rationalize the DR structure available to different groups of pensioners in order to reduce the administrative inconvenience and also to see that  different  generations of pensioners are protected by merging the pension to a suitable index. — also on 12/8/2003, so successive pension revisions at CPIndex 600,1148, 1740, 2328,2994.

3. Nakara SC 5-JudgeConstitution Bench: don’t introduce arbitrary criteria, don’t divide homogeneous pensioners class.

“As such pension should be fixed, revised, modified & changed in ways ,not entirely dissimilar to the salaries granted to serving employees

4. Basic pension unchanged ever since 1/11/1993.LIC pensioners still in pre-1995 IV Pay Commn mode, sad & depressing.

5. National Litigation Policy—Sr Citizens, pension, retirement cases - Govt/Instns not to be compulsive litigants.

6. Hon Sr Judge(Retd ) V.R. Krishna Iyer:arbitrarily alienated from the beneficial stream of pensioners, LIC pensioners are one integral group : 'what is discriminatory is arbitrary & what is arbitrary is unconstitutional’.

7. Even if outlay did not figure in LIC submissions, from any angle of : Surplus, Taxes to Govt, 5 year plan contribution,assets, Life Fund, Total Income, staggering, Economic Tajmahal indeed. Actually, employees/pensioners must be more than rewarded,even without asking. Govt RP is far higher than LIC RP & Govt FP itself is higher than LIC RP. VI PC also added value to pension by significant % at age 80.85,90, 95 & 100 years, not for LIC pensioners.

8. Outlay is not even the tail of wage agreement PLLI or tail of Meal coupon wef 1/9/2010 for employees, or tail of allowances other than usual DA, HRA, CCA. Discretion used for toning down approved formula diluted for employees& Board sanction obtained. BUT pensioners deserve such kindness & empathy more abundantly.

9. Ratio of pension payments to Total operating expenses & employees remuneration & welfare expenses very low 2.93% only.
Ratio to ONLY total operating expenses also low at 4.12% only.

How modest & realistic pensioners sincere demand for pension revision with wage revision & Full DR to pre-8/1997 pensioners becomes crystal clear

10. Recently, FM Sri P Chidambaram statement, ‘LIC is a jewel in our crown &  we will continue to nurture LIC.  LIC  is not only a market leader, but also a market maker. The 3 letter LIC stand as a synonym for insurance, for excellence in strengthening the economic fibre of this country. I dare to say that no other 3 letters taken together are more recognised in the length & breadth of india’.

Grace & magnanimity is required to honour fully in letter & spirit, the Court judgements,one by one, all in Pensioners favour.

11. & 12. Pensioners for long yrs 35 & more years have done yeoman service, built Foundation, erected fine Superstructure, ably galvanised with Reorganisation in the 80s, made the INSTN bear intense  COMPETITION with CONFIDENCE & COURAGE, such a Paltry pension, not befitting on the institution for no fault of pensioners.  EVEN with all these facts, figures, reason & logic, it is disturbing that Pensioners should be treated so bad. More than 13,000 died, Family Pensioners jumped to 38 % of Regular pensioners. NONE to wipe the tears of the widow.

Lack of money power, lung power, muscle power, political power, must be compensated & addressed  only by High Courts & Supreme Court.Court victories have been galore, paltry pension we send donations as Legal costs are prohibitive.

13. SJ Hon Justice Bhandari’s judgement dt 12/1/2010  was allowing both the writs 6696/1998  pertaining to Full DR & 654/2007exclusively on pension upgradation. ‘On the basis of date of retirement, there cannot be any discrimination between the Pensioners inter se.’ Hon Judge’s observations in his order mentioned.

14. Dismissing the appeal of LIC 493/2010 on 21/1/2011, the HC Division Bench of Jaipur observations given.

15. Then again LIC went in for Writ Review  86 & 87/2011  which was also dismissed  on 19/8/2011 by DB JAIPUR HC.

16. Then FM Sri Pranab Mukerjee during his talks with Insurance & Inservice & Pensioners Fedns observed on 5 Nov 2011: as LIC is 100% owned by Govt. of India, all benefit available to Govt. employees on pension front be extended to LIC pensioners too.

17. SC Bench on 17/10/2012 issued a clarificatory order re. the amount due to the pensioners ie writ petitioners wef the date of their eligibility to get retiral benefits. Difference in Pension & DR is what is referred to & that  from the date of retirement.

18. i) The Punjab & Haryana High Court, Chandigarh  decided the writ Petition vide its judgment dated 9th November, 2012 wholly in terms of the judgment passed in the cases of Krishna Murari Lal Asthana by Rajasthan High Court and has granted interest on  arrears also. 

ii) The Hon’ble Delhi High Court has made the judgment dt 30 January,2013, also based on Jaipur HC verdict, to be applicable “in rem” & therefore, all the retired employees of LIC wherever they may be stationed are entitled to get the benefit of the aforesaid judgment 

19. i)SC Bench dismissed LIC SLPs 29956 & 29957/2011  on 8th August,2013

  ii)The Proceedings dt 30 Sep,2013 SC Bench observed:

‘’There shall be no stay of the directions given by the learned Single Judge vide Order dated 12.01.2010 passed in S.B.C.W.P. No 6676 of 1998 and connected matter’’

Connected matter refers to 654/2007 on pension upgradation & Chandigarh HC & Delhi HC judgements as above

iii) Hon Judge SriChauhan,Jaipur HC has given time upto 29November,2013 to LIC to give compliance for Hon SJ Bhandaris judgment dt 12/1/2010 covering twin benefits.

20. LIC has to make compliance by revising the pensions from the date of retirement and make payment of the revised pensions with arrears along with interest as has been awarded by Punjab and Haryana High Court and to all the Pensioners as has been directed by Delhi High Court.

21,22 & 23. True transparent Corporate governance to prevail. LIC Board Members must be the harbingers of neutral, unbiased decision.

Please extend a helping hand. Bless us & allow us to be blissful, in the twilight years of our lives.

The benefits flowing out of the same  must be dutifully, magnanimously & honourably be allowed to flow by graceful acceptance & implementation of Hon SJ Bhandaris judgement which will bring everlasting goodwill & reputation to this great, gigantic institution LIC & also  resolving a long-pending issue in favour of pensioners amicably.

LIC Board  Resolution of 24/11/2001, borne out of Dr Ram Khanna’s salutary intervention.

So too logical conclusion & happy consummation now by present Distinguished Board – our sincere Appeal & prayers.
('RB KISHORE WRITES TO LIC BOARD MEMBERS' (4 Posts) concluded.)

( COMPILED by R.B. KISHORE, ED (Retd), LIC & VP, AIRIEF. )