I refer to the feedback of Mr V S Prakasa Rao reproduced in your mail received by me which states inter alia,“How is (KMLA) going to take care of the 5 petitioners of post Aug.97 , especially when GNS and AIIPA took the stand that the benefit of the Nov.2001 resolution relate to only the Pre Aug 97 pensioners to get 100% D.R neutralisation which was taken advantage by the L.I.C “.
I wish to hasten to air my opinion that we need not dwell too much exclusively on the Board Resolution of 24/11/2001 passed by LIC.What is more important as far as Jaipur SJB judgment is concerned is that the Bench allowed two writ petitions.
The first writ petition was for removing the DR anomaly and neutralisation of DR on equitable basis on par with in-service employees.This means that the DR formula has been in fact ordered to be amended w.e.f 1/11/1993 with the slabs which were applicable to in-service employees as per 1/8/1987 & 1/8/1992 wage revisions instead of cutting the slabs by half.
The other writ petition (654/2007) was for upgradation of pension on substituted scales of pay with every wage revision. This means that irrespective of the LIC Board Resolution, pensions will have to be upgraded for all eligible pensioners on 1/8/1997, 1/8/2002, 1/8/2007 and all future wage revision dates.
No doubt the operative part of the Jaipur judgment has directed LIC to take steps to implement the LIC Board Resolution.It is true that considering the context in which the Resolution was passed ,the decision applies to only pre-August 1997 retirees. LIC is taking advantage of the ambiguities in the wordings of the Resolution to interpret it to its own advantage taking only the merger of DR as on 1/8/1997 and revising the pension and leaving weightage as done for in-service employees and similar upgradation on 1/8/2002 and future effective wage revision dates. If the true spirit of the LIC Board Resolution is understood, it provides for upgradation of pension for pre-August 1997 retirees on all wage revision dates from 1/8/1997 onwards, besides removing the DR anomaly from 1/11/1993.
As a corollary, once the Jaipur judgment is properly implemented, the Board Resolution gets automatically implemented besides the removal of DR anomaly and 100% DR neutralization besides providing upgradation of pension for all post-July 1997 retirees also.I am sure Mr K M L A sthana is very well aware of this and definitely press for justice for the five post-July 1997 retirees also.
Consequently, as long as the Jaipur SJB judgment remains stay-refused, our focus should be on emphasizing on implementation of the Justice Bhandari judgment without segregated reference to the Board Resolution.At best the LIC Board Resolution is only to be taken as an enabling document even considering the that the Jaipur Bench has taken cognizance of it.
C H Mahadevan