6) What is the meaning of Appeal to DB dismissed &subsequent Dismissal of Review Petition? Still one entertains doubts about pension upgradation and it passes ones comprehension.It is sheer distortion,they have limited view of the whole situation.
7) Can one accept 1 part of verdict & ignore another ? That will invite still worse contempt & pulling down & casting aspersions on the majesty of the Courts.If it were only DR as being portrayed by you,where was the need & why did LIC take frantic pains to file a mammoth 42-page SLP.LIC could have agreed simply & closed the case.Because they knew the verdict contained pension upgradation, they wanted to go hammer & tongs against the same .Hope you see through.
8) Instead of hailing Hon SJ Jaipur judgement dt 12/1/2010 as a milestone & a fresh breather to entire pensioner fraternity, one should not derisively talk about its limited appeal as though confining to single aspect of DR rectification. If one cannot side with the same,one must keep mum & not canvas against to score a point with miserly benefit of DR rectification & throwing to the winds the larger & broader full scale remedy of pension upgradation.
9) The Hon’ble Supreme Court has vide its judgment dated 8th August, 2013 dismissed LIC’s two Special Leave Petition Nos. 29956 and 29957 of 2011
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 . So, Hon SJ Jaipur HC verdict is an “ Order”, as mentioned by SC Bench itself.
10) It is Heavenly gratitude to them, nowadays, they don’t murmur of LIC liquidation if it is granted .More than adequate ratios & figures of yearly pension payments & a paltry % to total Employee & management expenses I narrated could have silenced the critics.LIC itself never raised outlay issue.
11) Let it be understood that after complete reading umpteen times, in between the lines too, we gave brief of ‘likely’ benefits to pensioners. It was no hype or hoopla.We never took pensioners on any dreamrun but interpreting verdicts as they came along. If there is a crash,there justice & equity crash too, unfortunate scenario. Perhaps Unions also work out total outlay, proportion of benefit, monthly rise, perks & invisibles & then only address their constituency.Ultimate acceptance may fall short of expectations & earlier grandiose announcements.It is all in the game,In Court cases, it should be more pucca as ground is laid & orders are promulgated.So, we have not befooled any group of pensioners & earlier ,I did mention about many many worthwhile feedbacks for which I am deeply grateful to pensioners.They know what we are talking about.
12) SriCHMahadevan’s several clarifications & scholarly dissertations quoting Hon Justice(Retd) TNCRangarajan &ED Retd SriRChandrasekaran who was ED then at the time of framing of Board Resolution,knowing ins & outs of the same, which also has been faithfully reported by him pinpoints to both/twin issues being addressed in LIC Board Resolution.
13) What is the Effective date for grant of DR in that BREAKTHROUGH news to arrive.As I pointed out poignantly with tears in my eyes, if it is prospective, if MOF/UOI wants to supplant Court Verdicts including SC blessings & pronounciations,is it not cowardice, is it not abject surrender, is it not failing & thwarting human dignity, we are not wisps of straw caught in a whirlpool of water, dear pensioners,we have to enjoy ALL OUR FUNDAMENTAL RIGHTS enshrined in Constitution. DR 100%, same as DA for employees,must be allowed wef 1/8/1997,when downright discrimination arose & that Fitment of Pension by appropriate merger of Full DR with Basic Pension must be granted wef 1/12/2001 immediately following LIC Board Resolution dt 24/11/2001 Pensioners have some life to breathe & hopefully waiting for good expectations, in the twilight years of their lives & not to treat pensioners with a casual attitude bordering on carelessness, indifference & insensitivity , uncalled for in an egalitarian & democratic society. Courts have tremendous powers, they alone can be final arbiters & umpires when inequality & injustice are perpetrated by Bureaucrats & FM.That is why course of true justice never runs smooth & they try to impose impediments & try to thwart progress & delivery of justice.They cannot eternally try to do so,for there will be backlash for sure. “ LIC reigns, but the Ministry of Finance rules’.Passivity, prejudice & negativity can convert elixir into poison & that is what MOF tries to be capable of.
14)i) That we all are in IV PC mode, Basic Pension remaining static since 1/11/1993 does not irritate you?
ii) Employees apart from fabulous wage rise,which may be their birthright,PLLI,also Midday Meals Coupon,New allowances other than DR,HRA,CCA granted from 1/8/2007, Domiciliary benefits in Mediclaim,Preventive Health check up from 1/1/2013 –all these bonanza does not move you to help & boost pensioners morale & enhance decent life & living?
iii) CG FP is higher than LIC RP, you don’t care,let them get, why should we bother attitude, is it ?
iv) CG allowing value added pension, significant rise,after age 80/85/90/95/100 years to 20/30/40/50/100 % ,you want to be a silent spectator !!
v) That LIC got waiver of PLLI benefits to employees in 3/2011 & also 3/2012 & allowed 4% PLLI costing heavily does not arouse your passion towards uncared pensioners,without an iota of empathy ? Already Unions have mounted pressure on LIC top management to consider favourably PLLI for 3/2013 too, though not qualified as per approved criteria
vi) I gave just a glimpse of Retirement benefits.Apart from PF, PL encashment & Gratuity,when we add the sizeable Commuted value & other eligible benefits,does it not strike one that the way by which pensioners can recoup justifiably is through pension upgradation .Pensioners also have a right to get due arrears when Court orders Institutions to pay arrears. Why should anyone grumble if Hon Punjab & Haryana, Chandigarh HC agreeing in toto with the findings of the learned Judge Jaipur HC orders 12% interest?
15)i) It will be suicidal to accept Prospective effective date for any judgement,moreso when we know when discrimination arose,guidelines in Oct 2012 by SC Bench etc.In ones anxiety to repel the ‘twin benefit’,one cannot deny some golden eggs for the pensioners too.
ii) So too, when all talk of pessimism was there that only the 27 petitioners will get benefit,when Delhi HC cleared the air with forthright orders agreeing with Hon SJ Jaipur HC orders & ‘in rem ’.thank God,silence is there as doubt is cleared .
iii)Though not direct, it must be mentioned that in the proceedings at Jaipur HC,when tempers were high about amount etc,LIC Counsel did say orally Rs 1250 cr app as outlay for the twin benfits.If it was DR only, 8 weeks were not required for calculation. 1 day or 1 week would have been sufficient.
16) Friends, I was active in Federation of LIC Class I Officers’Associations right from the beginning of my career.I took keen interest in the affairs of Class I officers at Pune,Rajkot & Chennai.I was Treasurer at Pune,Joint secretary at Rajkot & I attended from Chennai the famous General Council Meeting at Patna & in a steamer, when many issues were debated, a tie for the post of General Secretary,when S/Sri H.K.Nigam & N.N.Joshi were declared Joint(twin) General Secretaries !! I have contributed articles to HM ‘Our Voice ‘,way back, reminiscences only.I was Western Zone Grievence Committee Member,when Sri G.H.Thakore was the ZM & later Executive Member too.14 years of stewardship as a loyal AIRIEFian,we have met,argued,prepared many charts novel too, Loss of Pension right in 1999,2000 & 2001 which became the bedrock to present ,portray & argue with many successive LIC Chairman,MD, EDP, Chief P, many Board members, bapre heartless Secretaries MOF,Addl Secetaries,Joint Secretaries,somewhat amenable & cooperative Under Secretaries,preparing questions to raise in Parliament,met any number of MPs,MLAs,Cabinet Ministers,MOS & many other opinion leaders.It has been a pleasant & painful experience. Broken promises, unfulfilled aspirations create a broken heart but the caravan has to move on towards unchartered territories to reach pensioners final goal & mission.
17) In many ways, we are like the buzzard, the bat, and the bumblebee.
We struggle about with all our problems and frustrations, never realizing that all we have to do is look up!
That's the answer, the escape route and the solution to any problem!
Just look up. (A picture shri Kishore had sent for insertion here did not reach us.-Ed.)
Sorrow looks back, Worry looks around, But faith looks up!
Live simply, love generously , care deeply, speak kindly and trust in our Creator who loves us. We pensioners certainly have respect to Courts & Creator.
Live simply, love generously , care deeply, speak kindly and trust in our Creator who loves us. We pensioners certainly have respect to Courts & Creator.
GREETINGS & PRAYERS ,MERRY CHRISTMAS & A HAPPY,HEALTHY, PEACEFUL, PLENTIFUL & PROSPEROUS NEW YEAR 2014.
(Concluded)