* 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 !

Thursday, January 30, 2014





All know that the Hon. Parliamentarians decide certain issues without much hue and cry or deliberation or opposition. The Members of Lok Sabha passed a bill on 27th August 2010 for increase in the salary, allowances to its members and pension and some allowances for the ex-members and with effect from 18th May, 2009. For sake of brevity, a few facts from, "The Salary, Allowances and Pension of Members of Parliament Act, 1954 and Rules made there under (As amended up-to December, 2010)" are mentioned below with bare minimum observations /comments.

Pensionary Benefits to Ex-Members of Parliament

Every person who has served as a member of the Provisional Parliament or either House of Parliament ( Lok Sabha or Rajya Sabha ) for any period is entitled to pension of Rs. 20,000/- per month with effect from 18.05.2009.

Where any person has served the Parliament for a period exceeding five years, he/she shall be entitled for an additional pension @ Rs. 1,500/- per month for every year in excess of five years. For the purpose of calculation of years for determination of additional pension, the period of nine months or more is rounded off to one complete year.

Where any person entitled to pension as Ex-Member of Parliament is elected to the office of the President or Vice-President or is appointed as Governor or Administrator or becomes a member of Council of States or House of the People or any State Legislature or metropolitan council or is employed on a salary under the Central or any State Government or any corporation owned or controlled by Central/State Government or any local authority or becomes otherwise entitled to any remuneration from such Government, corporation or local authority, such person shall not be entitled to any pension as Ex-Member of Parliament. However, if the salary/remuneration so payable to such person is less than the pension payable to him/her as Ex-Member of Parliament, such person shall be entitled only to receive the balance as pension.

The elected-nominated Members of the both the Houses as opined by some members need increase in their pensionary benefits as they continue serve the people even after their retirement or even after they become Ex. M.P., may it be by not getting ticket to contest election or losing in  election/s. The M.Ps deserve and are right to pass/sanction increase in pension periodically, commensurate with the increase obtained/enjoyed by the government employees-(natural-subservient - another view). All Ex-Members of Parliament get 'minimum and equal' pension depending on the period they serve/spend in the parliament. And, all members are eligible/assured of enhanced pension and from a 'given-effective' date - not from a prospective date.

The amount of pension which was enhanced from Rs.8000/- to Rs.16000/- in 2006 was further enhanced to Rs.20000/- p.m. from 18th May 2009; additional pension increased from Rs.500/- to Rs.800/- and further to Rs.1500/- p.m. "Not an astonishing or astronomical amount" considering the status and honour the M.P.s possess, the ever increasing inflation and for that matter some state governments pay Rs.25000/- or more pension per month to their ex. MLAs and MLCs.

May be it is wishful thinking or may be wistful thinking. But, pray and hope that our Hon. Parlimentarians, our Law makers, our Hon. Finance Minister etc. who have been the beneficiaries of enhanced pension at some periodicity, do display magnanimity and empathy and ensure that GOI/LIC/IBA grant the legitimate demands of pensioners of LIC/Banks for increase in dearness relief to pre1997 pensioners and updation of pension.

Bharat Pensioners Samaj has given a clarion call for Dharna at Jantar Mantar, New Delhi on 24-02-2014. Hope those in power/near to the seat of power take due cognizance and do the needful.

SN, a 1992 pensioner.

Wednesday, January 29, 2014

HK AGGARWAL


Sh TR Madhava Rao's analysis of Justice Bhandari's Historic judgement dated 12.1.2010 in a most chronicle way is 101% correct and all pensioners have hope and are sure that ultimately LIC will have to implement the SC/HC orders, in letter and spirit of LIC Board resolution dated 24.11.2001, which unequivocally spells out up- gradation & removal of DR anomaly; and as per Pb & Hry High Court verdict LIC has to pay interest of 12% p.a.for late payments also, and the benefit should go to all as per Delhi HC.

Whether LIC will be honest in their dealings with the retired employees will be known when they submit their affidavits in HC, Jaipur by 1.2.14? But pensioners have apprehensions from past experience and replies/ affidavits so far submitted by LIC which have apparently been full of false/ mischievous/ distorted/ twisted facts & figures. Even LIC is aware of these, but why they are not implementing and paying our dues is also known to all (and that is because of pressure from FM/GOI).

Expecting immediate justice despite all favourable verdicts & opinions will be too much. There are many-a-slip between the cup and the lip - a number of other similar cases filed in different High Courts, even after favourable Judgment of Rajasthan High Court Jaipur, can also be a tumbling block in early settlement by LIC; secondly some other negative forces also have been creating hurdles; and thirdly in built delays in the legal system always hurt us with dates after dates. But friends NO STAY...... orders of the Supreme Court will help in over riding all these hassles including pending appeals of LIC in SC which can never be of any help to LIC - still we have to continue the struggle till we achieve our goal. 

In such a situation we have to have patience and faith in the Judiciary and in the capacity and capability of our Advocates,who have to be extra alert & forceful, and Sh Asthanaji.
Lets remain united and continue our moral as well as financial support to Sh.Asthana/AIRIEF. As usual we again eagerly pin our eyes and hopes on Jaipur expecting the Hon'ble Justice R S Chauhan of Rajasthan High Court to deliver a clear and purposeful verdict which will give us full justice on 6.2.14. 

SAIED UNKA AAKHARI HO YEH SITTAM. (Perhaps it will be last torture/ordeal from the other side).

Tuesday, January 28, 2014



Justice Bhandari - Judgment dated 12-1-2010. 

S.B.Civil Writ Petition No.6676/1998 

S.B.Civil Writ Petition No.654/2007 

“In light of the discussion made above, both the writ petitions are allowed. The respondent Corporation is directed to take a decision for implementation of the resolution dated 24-11-2001 passed by the Board. The respondent Corporation cannot provide different criteria for grant of dearness allowance to the existing pensioners based on cut off date i.e. 31-7-1997. The benefit arising out of the directions above would, however, be considered by the respondent Corporation so that every retired employee may get the same benefit. Costs made easy.” 


Highlight - 1 
" both the writ petitions are allowed. " 
Highlight - 2 
" The respondent Corporation is directed to take a decision for implementation of the resolution dated 24-11-2001 passed by the Board." 
Highlight - 3 
" The benefit arising out of the directions above would, however, be considered by the respondent Corporation so that every retired employee may get the same benefit." 
Highlight - 4 
Approval from Union of India was not necessary 

LIC of India's Special appeal (20 .07.2010) arisng out of the Judgement and Order dated 12.1.2010.
"In the year 2001 a recommendation was made by the Executive Director that all retired employees should be made entitled to the same benefits.The said recommendation was considered by the Board Of Directors in the meeting held on 24.11.2001 and it was decided that since the matter lies within the competence of the Central Government it should be referred to the Central Government "
3  Supreme Court 
Supreme Court on 14.11.2011 directed LIC of India to remit in the Registry of the High Court ' the amount due to the employees'. 


On 17.10.2012 it was modified as 'the amount due to the pensioners i.e. the Writ petitioners with effect from the date of their eligibility to get retiral benefits '.Writ petitions (not Board Resolution) have 'petitioners' 

LIC of India has remitted 
1. Rs. 4,35,513/00 on 23rd December, 2011 (arrears from 01.02.2010 ) 
2. Rs.12,13,873 on 10.12.2012 (arrears from 01.08. 1997) and 
3. Rs. 3,14,252 on ?.11.2013.
(Total Rs.19,63,638 - no details )


As per LIC of India Justice Bhandari's Judgement is only for implementing Board Resolution dated 24.11.2001 and the resolution is in respct of DA Neutralisation for Pre 01.08.1997 retirees. Arrears were calculated first from 01.02.2010 and later from 01.08.1997.

Remittances were in respect of 20 pre 01.08.1997 retirees and 5 post 01.08.1997 retirees were excluded and 2 'rest in peace'.
4 Board Resolution 
Was LIC of India Consistent with this (wrong ))interpretation and implemented atleast the Board Resolution properly ? 
1 AS per resolution 11.25 % should have been added.This was not done.
2 Board Resolution is applicable to all pensioners.LIC of India has ignored this and remittance was for 20 petitioners only


5  Upgradation 
Supreme Court order dated 17.10.2012 was for petitioners. As the refernce was to petitioners , it is clear that Writs allowed should be the basis and not Board Resolution (no petitioners). 

Judgement has allowed both the Writ petitions .Writ Petition 647 of 2007 was by 27 petitioners with prayer for upgradation of pension (by fixing the pension on stage to stage basis ) effective from date of retirement and revision on and from 1/8/1997 and there after on and from 1/8/2002 and periodically when pay scales are revised (no prayer regarding DA Neutralisation). 

Upgradation of pension has been completely ignored by LIC OF India.

6  Judgement fortified 
Justice Bhandari's Judgement has been up- held by many Judges - 2 of JAIPUR bench -appeal and also review petition. 

2 Judges of Punjab and Haryana Court and also 2 Judges of Delhi High Court have directed LIC of India to go by Jaipur Judgement.

Supreme Court - While allowing Civil Case -has refused the request for 'stay order' in all three appeals (2 Judges each - 3 different Judges.)

All the 9 Judges have concurred with Justice Bhandari.
7 Poser 
Justice Chauhan has on 22.01.2014 ordered

" Therefore, Mr. R.N. Mathur, the learned Senior Counsel representing the Life Insurance Corporation, is directed to submit a copy of the Resolution dated 24-11-2001, and to file an affidavit clearly mentioning the amount which has been deposited in the Registry of this Court, and to emphatically state whether the amount is being deposited in consonance with, or contrary to the Resolution dated 24-11-2001. Moreover, he is directed to submit any decision that the L.I.C. may have taken for implementation of the Resolution dated 24-11-2001. The said exercise shall be carried out on or before 1-2-2014. A copy of the affidavit shall be given to the learned counsel for petitioner. " 

Next hearing is on 6-2-2014. 
8 
Reply ?
LIC of INDIA should be in a fix.

Regards, T.R.Madhava Rao.

Monday, January 27, 2014

REPUBLIC DAY THOUGHTS


Republic Day...  I am sure you must be expecting ‘HAPPY REPUBLIC DAY’ etc. Well I am sorry; I just cannot fulfil your wishes.

Let us look at it this way. We remember Jan. 26 only on Jan. 25. Perform various rituals on 26 & then completely forget about it on Jan 27 mornings. Same thing from August 14 to August 16. And ask ourselves with a promise for an honest answer. Are we really INDEPENDENT? Is our country really a REPUBLIC?

And to wish HAPPY REPUBLIC DAY/INDEPENDENT DAY happiness should be there. Are we happy? I am sure if your answer comes from the HEART, it will be NO!

I can say that we were definitely happier during those days before independence – an ordinary man (I WANT SAY ‘AAM AADMI’) had never had the need to pay BRIBE to anybody for his work with any Govt. Semi Govt. Depts. / Officers. (Let us not talk of Business people etc.). TODAY at every step you need to put up (actually not up but under the table) PAPER WEIGHT/S or else your papers will FLY AWAY.

So whom do we blame for this state of affairs? WE MUST BLAME OURSELVES ONLY. Since age 18 till today I have always voted in each & every election. But I just cannot say the same for my own family members leave aside others. As a RULE we feel this is one holiday family must enjoy by going out or we need to take complete rest at home. It is only Zoppadpatti dwellers & such other people who go and vote for the GIFTS recd. Well you get what you deserve. What can you expect from an MLA / MP who has spent LACs to WIN. Once upon a time it used to be that I MUST COLLECT SUFFICIENT TO LAST THE LIFE TIME. Today “DEKHO BHAI BAAT YE HAIN KI MAIN ITNE SARE PAISE KHARCH KIYE HAI TO MERI SAAT PEDHI (7 GENERATIONS) TAK KOI TAKLIF NA HONI CHAHIYE. MEHANGAI ITNI BADH GAYI HAI KE SO DOSO KAROD SE KUTCH NAHI HATA. KAM SE KAM HAZARO KAROD TO HONA HI CHAJIYE”.

I am sure you will agree with me.

And just to please my friends I WISH ALL FRIENDS A HAPPY REPUBLIC DAY WITH A HOPE THAT IN FUTURE WE WILL BE REALLY HAPPY.

Panchamia
 vinayop@yahoo.com

Sunday, January 26, 2014

JOIN THE DHARNA AT JANTAR MANTAR, NEW DELHI ON 24-2-2014






























SH.V K BHASIN, CHAIRMAN, GIC PENSIONERS ASSOCIATION
message above is clear and loud
..

BHARAT PENSIONERS SAMAJ, the Apex Body of Pensioners all over 
India has given a call to Join Dharna at Jantar Mantar, New Delhi on 24th Feb. 2014.

THE NEED OF THE HOUR IS UNITY OF ALL PENSIONERS AND THEIR 
ASSOCIATIONS/FEDERATIONS AND STAND BY BHARAT PENSIONERS SAMAJ, 
AND PARTICIPATE IN THE DHARNA.

THROUGH LIC PENSIONERS CHRONICLE, I, AS AN ORDINARY MEMBER OF THE PENSIONERS FRATERNITY SUGGEST AND APPEAL TO ALL LIC PENSIONERS ASSOCIATIONS/OFFICE BEARERS TO PLEASE ASK THEIR MEMBERS BASED IN NCR DELHI TO JOIN DHARANA ARRANGED BY BHARAT PENSIONERS SAMAJ ON 24-2-2014 AT JANTAR MANTAR NEW DELHI TO HIGH LIGHT LIC PENSIONERS DILEMMA OF NOT GETTING JUSTICE EVEN AFTER CLEAR SC/HCs ORDERS. 

LIC MANAGEMENT IS FACING CONTEMPT OF COURT ALSO, BUT SEEMS TO BE UNWILLING TO OBEY COURT DIRECTIONS AND IN SUCH A SITUATION LIC PENSIONERS MUST RESORT TO OTHER MEANS BY WHICH OUR JUST AND LEGALLY HELD VALID DEMANDS ARE BROUGHT TO THE FORE AND TO THE NOTICE OF GOVT.OF INDIA/FM, AND THIS PLATFORM WILL BE HELPFUL IN RAISING THE ISSUE EFFECTIVELY AND SUCCESSFULLY. LET ALL PENSIONERS WHO CAN, AND OFFICE BEARERS OF THE PENSIONERS ASSOCIATIONS/FEDS BASED IN DELHI SACRIFICE SOME OF THEIR TIME TO JOIN DHARNA AND LEND MORAL SUPPORT FOR THE COMMON CAUSE OF ALL.
REGARDS
HK Aggarwal.
(Please pass on the message to others particularly who are in Delhi. it will be a good gesture and service.)

Saturday, January 25, 2014

RK SETHI


Written to GIC colleagues, all the while relevant
in LIC context too.-Ed.




IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
JAIPUR BENCH AT JAIPUR

S.B. CIVIL CONTEMPT PETITION NO. 760/2010
22-1-2014

Hon’ble Mr. Justice R.S. Chauhan

By judgment dated 12-1-2010, this court had passed the following order:-

“In light of the discussion made above, both the writ petitions are allowed.  The respondent Corporation is directed to take a decision for implementation of the resolution dated 24-11-2001 passed by the Board.  The respondent Corporation cannot provide different criteria for grant of dearness allowance to the existing pensioners based on cut off date i.e. 31-7-1997.  The benefit arising out of the directions above would, however, be considered by the respondent Corporation so that every retired employee may get the same benefit. Costs made easy.”

The grievance of the petitioner is that despite the fact that four years have passed by, the respondent Corporation is yet to take a decision with regard to the implementation of the Resolution dated 24-11-2001. However, the Resolution dated 24-11-2001 has not been submitted before this Court.

Since the case had travelled from this Court to the Hon’ble Supreme Court, there were certain directions given by the Hon’ble Supreme Court in the SLPs filed by the Corporation.  One of the directions given by the Hon’ble Supreme Court is that the Corporation shall deposit the pensioner benefit amount, which is due to the petitioner.  The Corporation claims that in compliance of the said direction, it has been depositing money with the Registry of this Court.  However, it is unclear as to how much of the amount has been deposited, and the basis on which the said amount is being deposited i.e. whether it is being deposited in consonance with the Resolution dated 24-11-2001 or it is being deposited in contravention thereof.

Before this Court can adjudicate upon the issue whether a contempt being committed by the respondent-contemnors or not, it is essential to have the Resolution dated 24-11-2001 and to know the basis on which the amount is being deposited by the contemnors before this Court.

Therefore, Mr. R.N. Mathur, the learned Senior Counsel representing the Life Insurance Corporation, is directed to submit a copy of the Resolution dated 24-11-2001, and to file an affidavit clearly mentioning the amount which has been deposited in the Registry of this Court, and to emphatically state whether the amount is being deposited in consonance with, or contrary to the Resolution dated 24-11-2001.  Moreover, he is directed to submit any decision that the L.I.C. may have taken for implementation of the Resolution dated 24-11-2001.  The said exercise shall be carried out on or before 1-2-2014.  A copy of the affidavit shall be given to the learned counsel for petitioner. 

An application has been filed for waiving the cost imposed by this Court by order dated 16-1-2014.  The learned counsel for petitioner informs this Court that he has no objection if the cost were to be waived. Therefore, the cost is hereby waived.  The application stands disposed of.

List this case on 6-2-2014.


Sd/- (R.S.Chauhan) J.

(Full order. Certain title portions omitted.)

Friday, January 24, 2014

I.K. THAKRAL, CHANDIGARH



LEGALITY AND FAITH

Supreme Court is not a mere Noun, it is an Objective too. Therein lies its supreme importance and impartiality to protect the weak against policies of Government and institutions.

DESPITE…


* * A NUMBER OF SUCCESSIVE FAVOURABLE VERDICTS 

BY DIFFERENT HIGH COURTS …


* APEX COURT’s REFUSAL TO GRANT STAY 
ON 12-JAN-2010 JUDGEMENT…


* CONTEMPT PETITION FOR EXECUTION BEING 
DELAYED ON FILMSY GROUNDS…


* LIC STILL WANTS GAZETTE NOTIFICATION FROM G.O.I. 
WHICH LACKS HUMANE ELEMENTS TOWARDS PERSONS 
WHO ARE IN THE DECEMBER OF THEIR LIVES…

STILL IN DILEMMA …

IT REMINDS US OF MIRZA GHALIB’s COUPLET…..

AAH KO CHAHIYE IK UMRA ASSAR HONE TAK…….

KAUN JEETA HAI TERI ZULF KE SAR HONE TAK…..
HUMM KO UNSE VAFA KI HAI UMEED….
JO NAHIN JAANTE VAFA KYA HAI….
HUMM NE MAANA KI TABAH NA KAROGE, LEKIN…
KHAAK HO JAYEN GE TUM KO KHABAR HONE TAK….

HOPE ON, HOPE EVER!

a poem to ponder about. -Ed.



This refers to Aboobucker’s mail  expressing his anguish over the adjournment of Jaipur case to FEB 6 and his fear that the respondent Corporation will again go on appeal to add more to his frustration. The SC order in the SLP says :

Delay condoned. Leave granted. There shall be no stay of the directions given by the single judge vide order dated 12-1-2010 passed in SB CWP NO 6676 OF 1998 and connected matter.

SC has vacated the stay and therefore the Jaipur court order has to be implemented in toto. However respondent was given liberty to appeal and considering the back log of cases in the courts it will take minimum 2 years for the appeal to come to the bench and the maximum could be anybody’s guess. Let us not worry about what will be the outcome of this appeal as long as justice is on our side as evident from the various arguments which took place in several courts as well as previous judgments delivered in identical case which went in favor of the contesting pensioners.

So to Aboobucker and my pensioner’s fraternity enjoy your life and look for good news.

R.K.Viswanathan

Dear Editor,


Even if Justice Chauhan gives a favourable 
order for us for the implementation of Justice 
Bhandari's Judgment, the woes of the 
embattled LIC Pensioners may not come to an end I believe. 

As you have rightly stated in your Editorial Note on the letter of Shri SC Kapur under the caption 'with frustration' posted on 8/1/2014, the affected respondent LIC will certainly go on appeal to SC, of course with the abetment of MOF/GOI.


Again the unending wait will begin for the poor and agile pensioners. We cannot expect any sympathy or empathy from the LIC Chairman for aged and ailing pensioners, for he cannot act independently of MOF Babus who are bent upon denying the just rights of LIC Pensioners at all costs. The final Saviour for us may be the SC. But how long will be the 'wait' is the question mark before us.



J M Aboobucker

Thursday, January 23, 2014



For once, unlike all the adjournments in the past mostly sought by LIC on flimsy grounds, the short adjournment till Feb 6, with a direction to LIC to file an Affidavit, should be a welcome development. To me it looks like, the Judge is giving a long rope to LIC. Now the alleged contemnor has to explain on oath what it has done following SC Order dated 30 Sept 2013 and if nothing is done as we all know, to implement the HC Order, why it was not done and by this process it will get established clearly on record that there is a willful disobedience of even the Apex Court's Order. Even after getting a fair opportunity now gracefully given by the HC , if the alleged contemnor fails to clear itself, such a defendant is more likely to be held guilty of contempt and liable for the punishment that follows. 

There is another important angle; Any adverse order passed against the Corporation in the ongoing proceedings, is certain to be carried in appeal to Supreme Court. In such an event, when the HC Order comes for scrutiny before the SC, the Order under appeal should be good enough to sustain in law, in equity and on the doctrine of balance of convenience. HC is therefore fully justified in ensuring that its Order in the offing, cannot easily be set aside but will be upheld on merits. 

The law of contempt is very interesting. Let us hope that the prevailing pressure for a just cause, works to the advantage of the hapless pensioners. Ironically, the real culprit behind the whole mess is the Union Government while LIC top management may have to pay the price for being part of a 'system' that stinks. 

Kudos to KMA & Co. So far so good. 

m. sreenivasa murty

COURT HIGHLIGHTED SC ORDERS


Dear Sh Gangadharan,

GS AIRIEF HAS GIVEN THE GIST OF PROCEEDINGS IN RAJASTHAN HC, JAIPUR.
IN MY OPINION TODAY THE COURT SEEMS TO HAVE TAKEN THE MOST SIGNIFICANT AND PERTINENT VIEW BY HIGH LIGHTING THE SUPREME COURT ORDERS "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 MATTERS."

FRINDS, THIS IS THE NUT SHELL. LIC HAS NO OPTION BUT TO OBEY SC ORDERS AND IMPLEMENT BY ISSUING NECESSARY INSTRUCTIONS TO ALL LIC OFFICES FOR PAYING THE RETIRAL BENEFITS (BOTH DUE TO UPGRADATION & DA ANOMALY) TO ALL RETIRED EMPLOYEES AS PER THE DIRECTIONS OF JUSTICE BHANDARI'S HISTORIC JUDGEMENT DATED 12.1.2010 AND ALSO PAY INTEREST  12% INTEREST AS PER PB & HRYANA HC, CHANDIGARH ORDERS FROM THE DATE OF RETIREMENT.  

AND IN CASE LIC STILL CREATES CONFUSION/DELAY BY SUBMITTING FALSE AFFIDAVITS IN THE JAIPUR COURT, IT WILL BE AN  UNHOLY ACT DONE UNDER PRESSURE FROM FM/GOI AND WE, PENSIONERS, WILL HAVE TO RETHINK UNITEDLY AS TO HOW TO BREAK THIS DEAD LOCK BEING CREATED TO TORTURE THE SENIORS.

HOPE AND PRAY FOR GOOD SENSE TO PREVAIL UPON LIC MANAGEMENT/FM/GOI.

WITH REGARDS
HK Aggarwal

HOPE FOR THE BEST ON 6TH FEBRUARY...




AS PER INFORMATION RECEIVED ON MOBILE FROM JAIPUR I AM GIVING HERE UNDER THE SUMMARY OF WHAT HAPPENED IN THE COURT:-

  • 1] THE DISCUSSIONS TOOK PLACE FOR ABOUT ONE AND HALF HOURS.
  • 2] TO-DAY SECRETARY PER/ER MADAM ARUNA SETH AND ONE A.O. WERE PRESENT IN THE COURT.
  • 3] COURT ASKED WHETHER LIC HAD FOLLOWED THE DIRECTIONS OF LIC BOARD WHICH ARE ALSO MENTIONED IN THE JUDGEMENT OF JUSTICE BHANDARY?
  • 4] AFTER THE SUPREME COURT ORDER OF 30-09-2013 (DELAY CONDONED, LEAVE GRANTED & 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 MATTERS.) WHAT LIC HAD DONE.
  • 5] COURT ASKED ABOVE ANSWERS ON THE AFFIDAVIT FROM THE CONTEMPTUOUS ALONG WITH THE CHARTS REGARDING WHOM LIC HAS DEPOSITED AMOUNT IN THE COURT.
  • 6] WE POINTED OUT THAT BESIDES COURT ORDER OF DATE OF RETIREMENT, AND ALL RETIRES LIC HAS DEPOSITED ONLY FOR 20 PERSONS OUT OF 27 PENSIONERS.THAT TOO FROM DATE OF JUDGEMENT.
IN A NUTSHELL WE MAY SAY THAT HON'BLE JUSTICE TRAPPED LIC CHAIRMAN TO BRING HIM UNDER CONTEMPT BY ASKING AFFIDAVIT ON EACH POINT. EVERY ONE KNOWS THAT CHAIRMAN HAS NOTHING TO SAY EXCEPT NEGATIVE ON THESE POINTS.
AFFIDAVIT IS TO BE SUBMITTED BY CONTEMNERS BY 3RD FEB.2014.AND FIXED NEXT HEARING DATE AS 6TH FEB.2014. WE THINK THIS IS A GOLDEN CHANCE FOR LIC.  OUR CASE HAS MOVED ONE CONCRETE STEP FURTHER AND WE ARE VERY MUCH HOPEFUL.
FRIENDS, 6TH FEB WILL BE A DECIDING POINT AND IS AN OPPORTUNITY FOR LIC TOO TO GET RID OF CONTEMPT. LIC SHOULD ISSUE CIRCULAR IN THIS RESPECT AND SAVE THE FACE.  MAY GOD GIVE THEM COURAGE AND WISDOM. HOPE FOR THE BEST ON 6TH FEB. HAVE FAITH IN GOD, ASTHANA, ADVOCATE AND AIRIEF. 

WITH REGARDS AND WELL WISHES

V.C.JAIN 
GENERAL SECRETARY AIRIEF

Wednesday, January 22, 2014

JAIPUR CASE ADJOURNED



Hearing by Court  - 2.20 P.M - 3.40 PM.
Court has grilled respondents about follow-up  action taken 
on Supreme Court Judgement dated 30.09.2013 
as stay was not granted.

Affidavit is to be filed by them in this regard by 03.02.2014.

Next hearing 06.02.2014

Regards,
T.R.Madhava Rao.


"It is learnt that the court heard both sides  at today's hearing. LIC
counsel was asked to furnish details of the amounts deposited
presumably through an affidavit. Case directed to be called on 6/2.
- GNSridharan"


Earlier today we had reported
Reliable sources inform us, Jaipur Contempt case 
is adjourned to

 6th February 2014.

Tuesday, January 21, 2014

JAIPUR CONTEMPT CASE TODAY




SATYAMEVA JAYATE


Dear Editor,
Come Wednesday, it is going to be 
crucial for the pensioners for this long 
legal battle what is rightly termed as Kurukshetra
 war has to come to an end as we hope that there will be no more 
adjournments and the Hon. Judge will deliver his judgment.Given below is a 
note on some crucial issues which figured in the Respondent's affidavit about 
which the pensioners are very much concerned.
With regards
R.K.Viswanathan

The issues which cropped up in the respondent affidavit in CCP 760/2010 about which we are very much concerned are :-

The respondent stated in the affidavit that allowing 100% neutralization, up-grading pension in terms of Board resolution shall be made from the date of its notification in the official gazette and no arrears will be paid. Could they forget their own department’s request vide their letter dated 31-12-2001 from the Executive Director (PER/HRD-OD/OIC) to the Jt. Secretary (Insurance and Banking) for amending the pension rules and the urgent need for its Gazette notification?  Twelve years have gone and GOI WAS SITTING QUIET on this issue with ulterior motives.

With regard to the effective date of implementation of the Board resolution and the arrears to be paid, Hon Justice Bhandari in his judgment clarified  that the Central Government cannot sit on the decision taken by the Board within the frame work of the rules. However in the present matter despite the Board resolution petitioners were not given relief for the reason that GOI has not taken any decision in the aforesaid resolution dated 24-11-2001.  If there are changes in the already existing benefit of pension then no cut off date can be provided and the benefit on account of change in the pensioner benefit WOULD HAVE RETROSPECTIVE EFFECT. One could go on digressing and twisting the matter just to prolong the issue but ultimately truth will triumph.

R.K.Viswanathan

PG VIJAIRENGAM




pgvijairen​gam (pgvijairengam@hotmail.com)



To: pggangadharan@hotmail.com

Picture of pgvijairengam

"A fine of Rs.30000/= is imposd on LIC Chairman. He should pay the amount from his pocket and not by LIC."  The Jaipur HC spelled out.

A very great news indeed for the entire nation's public sector organisations Chiefs to be more active. But the fault is not with them, the SIN entirely goes to bureaucrats of FM of GOI.

It is very strange that such an important news did not appear in any news Paper/media...why?

Pgvijairengam, a 2000 retiree.

Sunday, January 19, 2014

AN INSIGHT INTO BANK EMPLOYEES PROBLEMS...



 A Note on 100% Neutralization in Dearness Relief for Retirees prior to 01.11.2002


·       8th Bipartite Settlement was signed in May 2005 for the period 01.11.2002 to 31.10.2007 which provided for 100% Dearness Allowance to staff in service and 100% Dearness Relief to retirees after 01.11.2002 with effect from 01.02.2005.

·       The employees who retied prior to 31.10.2002 are covered under three Bipartite Settlement i.e. retired before 01.11.92; retired after 01.11.92 to 31.10.97, and retired after 01.11.97 (for award staff) & 01.04.98 (for officers) i.e. 5th, 6th, & 7th Bipartite Settlements respectively.

·       The retirees prior to 01.11.2002 continue to get Dearness Relief on tapering basis whereby their basic pension is split into four parts.  The first slab of basic pay portion gets dearness relief @100% compensation while 4th slab of basic pension gets compensated by dearness relief @25% only.

·       Uniformly for all the three settlements, D.A. Neutralization formula is practically same reducing from 100% in the initial stage to 25% in the last stage.

·       As a result these retirees are incurring huge monetary loss every month ranging between Rs.1500/- to Rs.5000/- + and thus they are not fully compensated for the ever increasing price rise, as prices of all commodities are same for those who retired prior to and after 01.11.2002.

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Saturday, January 18, 2014

RK VISWANATHAN




Justice delayed is justice denied. Here is a classic case where justice is delivered but execution is delayed.


LIC revised the pay scale for in-house employees on 1-8-1997 with retrospective effect from 1-8-1992. There were few pensioners who were in service on 1-8-1992 but were denied the pay revision as 1-4-1993 was the cut off date which was arbitrarily fixed by LIC for Class 1 officers whereas it was 1-8-1992 for Class 3 and 4  for eligibility. 

Inspite of the fact  LIC  lost their case in SB writ petition NO 1454/2009 dated  13-9-2012
of MC Jain Vs LIC in the Jaipur HC and they lost their appeal also as the DB judgment in the appeal ruled that  “the appeal being devoid of merit is hereby dismissed. Consequent upon dismissal of special appeal, stay application filed therein does not survive and same is also dismissed. The petitioner has now been declared entitled for revised pay scales as per notification dated 18-7-1996 with consequential benefits.“


LIC is now hibernating on this clear judgment and in the meanwhile some pensioners who were beneficiaries in terms of the judgment left the world and one such unfortunate pensioner was  Shri Kodandapani in SOUTH ZONE who was suffering from paralysis and was hopeful of receiving the benefits to tide over the medical expenses.


The total number of pensioners to benefit if the court order is implemented may be around one hundred who are in the sun set of their life and living with borrowed time. Why then is this delay and inhuman attitude and what happened to the declared National litigation policy ?

LATEST JAIPUR HC CONTEMPT CASE ORDER




Friday, January 17, 2014




The Supreme Court's judgement (1982) in D.S. Nakara and others v/s Union of India is perhaps, the first ever historic judgement in the annals of different courts in India in regard to the welfare of Pensioners. The Apex court's observations have been repeatedly mentioned in almost all pensioners' pleas, petitions filed in different courts. The Apex court, inter alia, had observed, "The pensioners form a homogeneous group and cannot be discriminated on the basis of a cut off date or on the basis of date of retirement. Such a discrimination is void and violative of Article 14 of the Constitution of India..."
The Apex court  has held that " Pension is statutory, legally enforceable right of pensioners and pension should be revised, fixed not entirely dissimilar to the salaries of serving employees."

To put it in a nut shell : the pension should be revised, re-fixed whenever there is a change in the salary - on account of revision of  scales of pay or dearness allowance (relief) of serving employees 

The Rajasthan (Jaipur Bench) High Court's judgement in Krishna Murari Lal Asthana and others v/s LIC delivered by the Hon. Justice Shri M.N. Bhandari four years ago on 12 January 2010 is perhaps the next historic judgement caring for the genuinely aggrieved  pensioners. The Judgement has set a clear cut road map for well-being of LIC pensioners, past, present and future encompassed.

It is now known to all that the Hon. Justice Shri R.S.Chauhan of Rajsthan High Court is explicitly appreciative of the fact that LIC  has been given more than sufficient space and time. In all probability, the Hon. Justice would hear both sides for a while on 22 January 2014 and pronounce/deliver the ' final ' judgement in the matter on the same day or in couple of days.

The Supreme Court has not "stayed" the directions given by the Learned Single Judge vide his order dated 12-01-2010 and hence, the Hon. Justice  Shri Chauhan may, without mincing any words for  'contempt' or giving scope/permission to LIC to appeal, order to implement forthwith, in toto, the "directions" given by Hon.Justice Shri Bhandari, vide order dated 12-01-2010. 

[ In 'toto' : For details-please read Shri H.K.Aggarwal 's Jaipur Judgement - 5th Anniversary Today - posted by the Editor in LICPC on 12-01-2014]
  • The ensuing judgement dated...... January 2014 of Rajasthan High Court (Jaipur Bench) is also going to be historic, the best of its kind, for LIC retirees / pensioners. The judgement not only be hailed as historic but also set - be a "Precedent" to all pension related cases of pensioners of RBI, banks, financial institutions etc. pending in various courts for quick disposal, redress and relief.

SN (a 1992 Pensioner)
Money is no problem, there're ever so many misc. accounts to draw money from !


Thursday, January 16, 2014

GN SRIDHARAN WRITES

The contempt petition came up today before Jaipur HC and it is learnt that LIC again sought time and the matter is posted for final hearing on 22/1/2014. 

It is also informed that there is an imposition of cost of Rs. 30000 for LIC delaying reply and seeking adjournment. As of now no official confirmation is available, and we will await orders of the Court. However the final hearing is a matter of 6 days only, and we will wait for the outcome.                              

Re. Our further moves on court matters the consensus is in favour of our taking steps at SC level for speedy disposal of Pending appeals irrespective of the contempt action. We are therefore examining the options open to us. 

Majority view is also that if LIC seeks transfer of our Kerala WP to SC we need not resist it. We further understand LIC may seek to get all cases filed in different HCs transferred to the Apex Court, that is, such contemplated transfer is not limited to our WP in Kerala. Meantime at the initiative of our president we are contemplating to meet the Chairman in a bid to break the stalemate. All are therefore requested to bear with us for sometime, till we finalise our programme soon.

Regards, GN Sridharan