Wednesday, December 30, 2015

Mediclaim premium recovery



Leave Encashment to Compulsorily Retired Officers

Please see the attached copy of a Letter written by All India Bank 
Retirees' Federation to the Indian Banks' AssociationCLICK HERE

Yours sincerely,
General Secretary


29 Dec 15, 09:39 AM

ss.SHARMA: This time, who will take adjournment is the question. LIC has taken adjournments; last time Shri Asthana had his turn. This time will the Solicitor General show his face or the Court itself will 
postpone, let us wait and see. In any case it is going to be a tough situation for the pensioners....

29 Dec 15, 11:21 AM
karunakaran: Judge: What can I do my poor old pensioners. I thought 20th January is the last day (of the world). But when I refer the calendar, I see lot of dates beyond Jan.20. I adjourn to Jan.21 of 2017.

Tuesday, December 29, 2015

29 Dec 15, 10:40 PM

Wish u all a happy and prosperous new year 
falling on 20th January, 2016

Evading justice

Monday, December 28, 2015





Group Mediclaim Policy for retirees issued to Indian
Banks' Association by United India Insurance Co. Ltd.CLICK HERE 

Circular dated 26.12.'15 from AIBRF regarding recent developmentsCLICK HERE
Yours sincerely,
General Secretary

Sunday, December 27, 2015

CHAT-n-CHAT COLUMN COMMENTS - Flood advance to pensioners

27 Dec 15, 07:06 PM

M S RAO: Subbu sir, I can understand ur anguish. I think somewhere in the line some of us have failed in upbringing our children. So today they r not taking care of us properly in our twilight years. Don't U think we should have created a Pensioner's Dept. with an ED heading it & prepared a Pensioner's manual also while we were in power. Let us curse lack of our foresight. In the organisation's dictionary P stands for only Policyholder, not for Pensioner. May I gently remind U PS dept means Policy(holder) Servicing dept. not Pensioners servicing dept.

Ideally in any country / organisation Elders should be taken care of with Hearts not Heads. Alas the current generation has neither Hearts nor Heads. Damn the robotic generation!

27 Dec 15, 07:23 PM

B Ganga Raju: Unable to understand the objection of Shri M S Rao for flood advance to pensioners. Flood is a natural calamity and pensioners in Tamilnadu faced its fury and consequential loss. When I wrote to LICPC I had in mind the plight of pensioners in Tamilnadu only. Shri M S Rao did not approve the idea of any kind of advance to Pensioners. 

The point I raised was about staff getting advance for flood and pensioners not getting the same though they are in the same group of sufferers due to natural calamity.

Some experts may think about the difficulty for LIC to recover the advance in case the pensioner ceases to be a pensioner and if none in the family are entitled to family pension. That contingency can be taken care of by obtaining surety ( as is done in the case of probationers.) The idea that demands for other kinds of advances would flow from pensioners need not scare LIC from helping the flood affected families of pensioners.

In case LIC cannot give flood advance, I came with the idea of helping them from LIC Chairman's Relief Fund, which does not require repayment. No need to think of help from Chairman's Relief Fund as  a " donation." If there is a will to help those in difficulty, a method can always be found.

10 mantras for a healthy living

Your 60s are a big decade. You may be planning to put your work life behind you and retiring. You may have more time to spend on yourself. While all of the change can be exciting and scary, what better time to start working on a "new you" than in this phase of your list? This "new you" can be even more focused on being healthy and feeling great. Make your retirement not about "resting" but about reaching your maximum health and working toward a long life of health and happiness. Here are ten things that can get you started.

Flood Advance

26 Dec 15, 11:35 PM

M S RAO: No Flood advance to Pensioners, if that is sanctioned today, 2moro onwards they pester us for Festival Advance citing rising cost Of Black grams, Tur dal, Onions etc. 

Also there is no chapter with title ' Advances to Pensioners ' in our archaic OS Manuals.

Our Seniors taught us always " Turn back the pages, Learn the work ". So most of the LICians r by training r regressive not progressive ? If not regressive, they are like Roman God Janus, but not completely progressive.

If we r hearing cries for Flood advance now, can cries for Car Adv., Computer Adv. etc. be far behind ?

Saturday, December 26, 2015

Be an organ donor

A wealthy Brazilian businessman stirred a wave of negative reactions when he announced on hisFacebook page that he plans to bury his belovedBentley Continental Flying Spur.

Why not Flood Advance to LIC Pensioners ?

25 Dec 15, 09:45 PM

B Ganga Raju: Employees get flood advance, drought advance etc. In recent heavy rains and flooding of Chennai our pensioners also must have suffered heavy loss.

Employees get flood advance etc.with liberal repayment terms. Why not we request the Chairman to help Pensioners (LIC) from out of Chairman's Relief Fund?

Friday, December 25, 2015




(2) Letter from IBA to AIBEA regarding improvements in pension, etc.

Yours sincerely,
General Secretary
25 Dec 15, 07:04 AM

subbu: Happy Christmas to all. 

Particularly to my friend Jerry Manuel who left his AAOs post in 1984, on receiving a call from Jesus, as he said, to join the Mission of Prayer. He must be around 77 or 78. 

To my friend Jayakumar who chanted JESUS JESUS, sitting by the side of the hospital bed, at Nagappattinam in 1980, when my daughter was fighting for life.  

And my friend Williams who had such a beautiful relationship with me that he used to come to me every third day and ask me to pardon, though I never knew what he did. 

A friend who joined Jesus a few years ago, whose friendship still flowers in my heart. 

And the Great Golden Lady who radiated all love, kindness and taught us to be human above all other mundane values, with whom I had the fortune of working with in the last few years of my career. Happy Christmas Madam. 

Merry Christmas. to all.


Date: 24th December,'15
Union Bank Retirees' issues 

   Industrial Relations meeting was held between the management of Union Bank of India and the Office Bearers of All India Union Bank Employees' Association yesterday.

     The e-mail received from Shri R.K.Powar, General Secretary, Union Bank Retired Staff Association (Maharashtra) is *forwarded herewith. It gives some gist of the issues of Union Bank Retirees discussed in the meeting. 

Yours sincerely,
General Secretary
Dear all,

The responses given by our Bank to the retirees issues raised in the IRM of All India Union Bank Empl. Association (AIUBEA) at Central Office are given here under:

1)   Staff Welfare committee  will be held in January as Bank has not been able to collect information on operation of buffer policy and other relevant information, to decide on various staff welfare measures including those being extended to Retired employees.

2)   Payment of annual health check up bill to retirees will  be placed before the Staff Welfare Committee to revise it to authorize the branches to pay the same instead of RO.

3)   Bank agreed to address all the issues relating to Insurance Linked Medical Scheme. A full-fledged tripod meeting with TPA , Association and the management will  be held shortly to iron out the issues.

4)  Cash withdrawals below Rs. 25000 will be allowed to customers and Pensioners, and Finacle CBS is modified to extend the same.

5)   Bank has conveyed that IBA is in the process of finalizing its scheme for extending enhanced amount of relief to flood affected employees of TN and Puducherry States and  awaiting for the same. It will introduce the same as soon as it is received.

R.K. Powar, GS, UBRA, Maharashtra
Asst. General Manager(Retired)
Union Bank Of India

Thursday, December 24, 2015

Chandigarh HC Order

CM no. 27377-CII of 2015
COCP no. 2975 of 2013
Sanjeev Gandhi and ors vs. R.K.Takru and ors
Present:- Ms. Alka Chatrath, Advocate for the applicant
Mr. Arjun Partap Atma Ram, Advocate for the non-applicant
Notice of the application to the counsel 
opposite who prays for some
time to file reply.
To come up on the date fixed i.e. 27.1.2016.
(Mahesh Grover)


The urgent application filed by Petitioners at chandigarh high court for execution of supreme court order dated 4th December in their favor was heard by Justice Mahesh Grover today at around 11am under item no 134. As expected, it was opposed by LIC Advocate.

After hearing arguments from both sides, Judge directed issuance of notice to LIC for January 27,2016 which also happens to be next date of hearing in our contempt case.

BR Mehta

We are before Chandigarh High Court again‏

Dear Editor, 

When I was leaving Delhi last night at 9.00 PM, (on a short two-week holiday in the US), M/s BR Mehta & SN Chhabra informed me that the 4 Dec Order of the Hon'ble Supreme Court, is listed for hearing tomorrow (24 Dec) before Justice Mahesh Grover. This was a development following some unprecedented level of follow up and persuasion by all the concerned. 

I was expecting to see some Post in the PC, on this important development from the irrepressible BR Mehta. But didn't find one. Then I realized, just because I am awake at  this ungodly hour for my own reason (2.30 AM IST), rest of India need not lose sleep. 

On the subject proper, we filed an urgent Application in the Chandigarh HC to permit the Petitioners to withdraw the amount deposited by LIC in the Registry there, as per its computation, in terms of 4 Dec 2015 Order of SC. Normally it should be a cakewalk for us to get the Bench's NOD, having got the Order from the Apex Court, somewhat out of the way, on being mentioned. 

But we had a taste on 14 Dec 2015, of the ugly stance that LIC may take. LIC would sing the stale song of 20% again. We are fully prepared and the Advocate has been briefed to contain LIC's bullying tactics. 

We wait to see what view the Court takes on Thursday (the last working day before vacation) and what is in store for us. Hopefully, LIC would play safe and not invite the wrath of SC by obstructing our prayer this time around. In fact in the Order of SC dated 4 Dec, LIC has no locus to interfere. Let us see. 

Sreenivasa Murty M
Dubai International Airport

BR MEHTA writes

As informed by Sh. Murty, we are again at Chandigarh High Court Today seeking a specific court order for execution of Supreme Court Order dated 04.12.2015 in favor of Chandigarh Petitioners.
Our urgent application is listed at Item no 134 in Court no 11 Justice Mahesh Grover.
Let us hope for the best.

Me and Sh. S.N. Chhabra will be there and try
to inform you the outcome at the earliest.


Wednesday, December 23, 2015

Chronicle Cartoon



23 Dec 15, 12:45 PM,subbu: Sir! I can simply prove that 20% of jaipur is 100% of delhi. But 20% of delhi is 100% of nakra. Is it? We do not not know how u r not representing our case so far. Here is your appointment order. prepare the affidavit in such a way that the J may ask for an adjournment!

23 Dec 15, 05:07 PM B.R.Mehta: Sir, pl advertise one new post to prove two more Theories. Amount to be withdrawn from high court has no co relation with amount to be paid. And when he is asking for 100 % why you are discussing 20%.

Tuesday, December 22, 2015

20 = 100

Adv N Pradeepkumar


22 Dec 15, 01:01 PM

subbu: Possibly 1 = 2 may provide a good argument for LIC to say that when we give 20% to one pensioner, it means we have actually given to 4 , and if you accept this, 4 equals 8, and ultimately we have fully complied with your Order, my Lord ! "What is it you want to say?" asks the Judge. Sir, I need some more time to understand this. OK, says J, the case is posted to 20th Jan.2017.

1 = 2

P.S. Such anomalies and howlers can arise only in LIC's calculation of interim relief and the error will always be on the safer side(for LIC!).



The following is a "proof" that one equals two.
Consider two non-zero numbers x and y such that
                                                          x = y. 
Then x2 = xy.
Subtract the same thing (Y2) from both sides: 
x2 - y2 = xy - y2.

This is

(x-y) (x-y) = y (x-y)
Dividing by (x-y) both sides, obtain
x-y = y
x = 2y
when x = y the equation can be 
x = 2x
1 = 2.

Dear Editor Sir,Here is an attempt to prove 1 = 2 . Mathematically it is incorrect; but the lesson is that one can hoodwink others to believe a nonFact to be a Fact. We should not be subjected to believe a non Reality into a Reality.


Monday, December 21, 2015

Subbu's comments

21 Dec 15, 03:04 PM

subbu: R U listening SN Sir ? /www.youtube.com/watch?v=CsmWzm44Mqo

When all the pensioners chant as desired by SN Sir, HayaGreeva appears before them and tells them: I THOUGHT U KNEW THAT "WHEN ALL THE DOORS ARE CLOSED, GOD OPENS HIS." Rajamani agrees and asks " Oh God ! But where is the door !" Hayagreeva points to the door: IT IS SWARGA VASAL . Yes. Today being Vaikunta Ekadasi, let us all go through this Swarga Vasal, hoping that this will never be our Last time when we enter and come out of this Swarga Vasal. Four us, however, SC is really our Swarga Vasal, we went in came out a hundred times, nothing happening. R u Not listening HayaGreeva ?

21 Dec 15, 07:56 PM

v.s.rajamani: Mr.Subbu Sir, As suggested I entered thro Swarga Vasal (door) and God appeared and told that your horse also should participate in collective Prayers (at individual LIC Pensioner's home).


Subbu's comments

21 Dec 15, 08:26 AM

subbu: Thank U V s rajamani sir ! I conveyed your appeal to the horse. The horse however is adamant on a bargain. He says I cant talk to him directly. so confidential you know. Why dont u think of something like "legal" fund ! It will allow him (the horse) to live happily for ever and ever without waiting perennially for a decision from a lethargic King.

Editor Sir ! In all seriousness, let me add an appendage rather an Errata to the reported reportage from CHM. Any organisation that MSM leads cannot commence with the words RETIRED. INSTEAD, WHY NOT  HAVE A TITLE FOR HYDERABAD ASSOCIATION: REJUVENATED LIC CLASS I OFFICERS' ASSOCIATION !

In Legal Terminology, in the courts of Law, whenever a case is to be heard not so soon, an Advocate can make a MENTION, NOT A SUBMISSION. I AM INFORMING THE HORSE ACCORDINGLY,  EXPECTING UR APPROVAL.



Yesterday, when we were discussing our legal cases just before the commencement of our Association's  AGM,Mr Sreenivasa Murty raised a very interesting and pertinent point that is brought out by the SC Order dated 7th May 2015 which states inter alia,"Needless to say,the payment in continuum shall be considered when the appeals are taken up for hearing."

The import of this sentence according to Mr Murty is that the matter of interim relief payment does not end with an one time payment by LIC to the concerned pensioners,but will be considered in continuum till a finality is reached in the case.

The CAs are already 'part heard' and the hearing of appeals has thus started already and in the hearing held on 7/5/2015,the SC had ordered payment of interim relief within 6 weeks.The order was reiterated on 7/9/2015 for payment  of the IR within two weeks.The quantum of interim relief underwent a change for a higher amount to be paid as per the second order.

So now when the CAs come up for hearing,as per the interim order dated 7/5/2015,the SC will consider the issue of interim relief in continuum if the final judgment  is not issued on that day of hearing.  If the hearing remains inconclusive on 20/1/2016,further payment of interim relief will be considered by SC if we go by the above quoted sentence.It is very important that the senior counsel appearing for the three sets of pensioners keep this point in mind and bring this to the attention of the Bench on the next date of hearing.

As a corollary,the question also arises that when the subject matter under litigation affects the common interest of more than 45000 pensioners and family pensioners about more than 22000  of whom  have been subjected to injustice on account of pension DR anomaly for over 20 years with many of them having exited this world,can the benefit of interim relief be confined to only to a measly  number of 1200 pensioners?

The situation therefore demands that the Class I  Retirees' Federation through its counsel should stress before the Apex Court on 20th January 2016 that the provision of  in rem benefit ordered by the Delhi HC requires LIC to pay interim relief to all pensioners similarly placed as the members of the Federation.

In these circumstances, also the AIRIEF has to seriously think whether they are well advised to go slow on their announced decision  to get Impleaded in the CAs in the SC.

C H Mahadevan

Sunday, December 20, 2015


Dear Editor Sir
Why not ?  "The horse can also talk"

The chat between Sarvashri Subbu Sir and SN sir is very interesting.  I have seen performance of Mimicry artist, where the Artist makes the Monkey in his hand to talk.  The spectators, especially children are thrilled.   Similarly Tenali can learn Mimicry and make the Horse to talk.   But I don't want the horse to ask for Adjournment.   It is anathema for LIC pensioners.   I want the horse to ask for immediate favourable decision from the King (for poor Tenali).

T. (Tenali) Ramakrishnan !

20 Dec 15, 06:54 PM

B Ganga Raju: About " clarification." ..The original and full name of "Tenali Raman," is " TENALI RAMAKRISHNA." He was famous as " Vikatakavi," and was in the Aasthanam of Krishna Deva Raya. As all of you know Krishna Deva Raya's reign was famous for promotion of fine arts.

Telugu names like Krishna and Rama become Krishnan and Raman in Tamil. So Ramakrishnan and Raman refer to the same poet and both are correct.

Tenali Raman/Ramakrishnan aka Ramakrishna was also a famous poet and was one of the Ashta Diggajas in Krishnadeva raya's durbar.

20 Dec 15, 08:08 PM

subbu: Tenali Raman was a vidhooshaka which also more or less means vikatakavi. He is one such person who thinks with his right brain and differently than others. Such people are usually harmless creatures, though they themselves land in trouble for saying right things but at wrong places.

A Reportage

The sixth Annual General Body Meeting of the Retired LIC Class I Officers' Association,Hyderabad was held today the 20th December 2015 at LIC ZO canteen hall.

The meeting was attended by about 40 members including seven new members who joined the Association at the start of the meeting.The gathering had a good mix of pre-August 1997 retirees and post July 1997 retirees.

Mr M Sreenivasa  Murty who presided gave a detailed account of the developments that have been taking place on the legal front and the iniatives that he has been taking culminating in the latest direction issued by the Supreme Court that the Chandigarh petitioners shall be permitted to withdraw the amount deposited in the High Court registry.

Mr Sreenivasa Murty also elaborated on the initiative taken on behalf of our Association  and emphasized the need to engage competent senior counsel for drawing the attention of the Supreme Court Bench to the acts of LIC not complying with the court orders in letter and spirit.He cited the instance of LIC not really implementing the SC Order of 7th May 2015 but paying an inadequate  amount of interim relief to only a limited number of eligible pensioners with no relief for family pensioners.

Mr C H Mahadevan also stressed the need for strengthening the finances of the Association to provide support the painstaking efforts of Mr Sreenivasa Murty.Mr Mahadevan also proposed that the Association consider playing an enlarged role as an All India Association enrolling members outside our present jurisdiction for which due to paucity of time no decision would be possible in the meeting but detailed discussions may have to be held on the modalities in an Extraordinary General Body Meeting called for the purpose.

A number of members spoke expressing their views on some issues ,one member expressing the grievance of denial of interim relief to our Association members ignoring the in rem benefit ordered by the High Court.

The enthusiasm and positive response  to the call of the President was reflected  in a number of members, to begin with,contributing a total amount of Rs 57000  in the meeting towards the Legal Fund of the Association with a number of other members making an oral commitment of their contributions to be made shortly.Earlier a few days ago an amount of Rs 8000 was contributed by Visakhapatnam members towards the Fund.

A  new set of Office Bearers were elected with Mr M Sreenivasa Murty as President and Mr Y V Subba Rao as Secretary besides others and six remaining members of the Executive Committee.

The meeting  was followed by lunch.


Subbu's comments

an unexpected turn in Tenaliraman story

20 Dec 15, 08:03 AM

subbu: SN Sir ! How is it you thought that I mistook u? It is the other way about. I understand what u wrote and that is why I confirmed that I am verily a dissector -  a dissector of the animal in man.

You are a very very elderly person. I bow before your expertise. It will take another 10 janmas for me to reach your level of erudition.No question of mistaking. Albeit I never miss taking on anyone. 

I may add an instance in my career if u so feel. Editor Sir ! Just a couple of minutes ago, a close friend of mine, an irresistible Fourth Batch humorist, calls me to say that the fourth possibility in the Tenaliraman story is not fully correct. I asked him what was then the true version! He says, actually, the horse opens its mouth and asks for an adjournment of the time given to him.

Tenali Raman plays a trick in Chronicle post. 

Our original post 'Clarification' had shown Tenali Raman as TENALI RAMAKRISHNAN! Maybe Tenaliraman's hidden hands had played the trick !!



Saturday, December 19, 2015


19 Dec 15, 01:36 PM

B Ganga Raju: Shri Subbu, there are several stories around Tenali Raman. All of them humourous and rib tickling. Which story are you referring (in particular)?

19 Dec 15, 02:35 PM

subbu: The King one day was red-faced as Thenali Rama said something . "Behead Thenali Rama." He thundered. Thenali raman fell at his feet and begged to be pardoned. No, the King said, You shall be beheaded today, nay, this very moment. He called his butcher.(not this subbu). The butcher was about to flash his sword, when all the Ministers in one single chorus voice prostrated before the King and asked for his pardon. Thenaliraman also said, Please leave me. Hereafter, I shall be 100% obedient, like the Little Indian Cute. The King said, I shall forgive you if only you can do whatever I order you to do. ": Yes, My Lord, said Tenalirama. The King called upon his Battle Royal Horse, and asked Tenali, to make his horse speak. Tenali said, Yes, Sir, but I need time. Just one year. The King was persuaded by his ministers to grant the time. The Durbar rose for the day. The assembled ministers told Tenali, "You made a fool of yourself . How can you make a horse speak, even after one year?"

Tenali Raman then said, "you do not know my friends. Anything can happen in the next one year. The King may die./ I may die / The third possibility is the horse may also die." Before the ministers could hardly utter a word, Tenali continued, "There is a fourth possibility also". What is it? his friends asked. "The horse may also speak." Tenali quipped with hopes springing from his heart.

The moral of the story is: Always be optimistic. Someone rings me up and asks what is your best hope? I told him on Jan.20, LiC counsel flashes a message that LIC has since, under orders from GOI, already decided to pay upgraded pension right from 1996 onwards and in fact for a few pensioners their bank accounts have already been credited. with sums ranging from 30 to 61 lakhs. 

Unable to contain his joy, subbu shouts in ecstacy: Jai Ho. His wife wakes up and awakens him why r u shouting at this midnight. Subbu gets up and realises it is all dream. subbu tells his wife: I saw a pleasant dream: She replies: The whole world is a dream and you and me are but actors. and Dont u know Ganga Raju Sir ! what our late president Abdul Kalam ji said: Always Dream of Good Things. whole world is a dream and you and me are but actors.


19 Dec 15, 08:14 AM

G. Narayanaswamy: After going thru all comments, I feel we are like Alice in Wonderland. Drowned in the high waters of Hope, Fear, Expectation and Exasperation. We may still win. With our Hope not belied. The achievement to a great goal is always beset with obstacles.


19 Dec 15, 08:39 AM
Thenaliraman - a theatrical
release poste

subbu: SN Sir ! Thanks a lot for instilling into my heart the value of HOPE. In a cricket match, on the final day, when the last ball was about to be bowled, there were seven runs to be scored. And Yet the batsman and his captain hoped for a NO ball, and then a sixer. Chances were dismal but it could also happen. 

Did u know Thenaliraman's story. U tell me ur cell no. I sh tell u.


Responding to Shri Subbu Sir with warm regards

Shri Subbu Sir is a sweet analyst and a subtle critic. He may now be likened to an animal dissector (anatomy).

On Dec.4 and 5, many exchanged pleasantries. On Dec.14, it was of a different kind. Had the S.C. order been implemented, on an average Rs.21,722/- could have been credited to the banks' accounts of 31 petitioners. The correct amount, of course,  would be much more, about Rs.60,303/- to each on an average. Things did workout differently on that day.

To think outside the box or beyond box seems imperative, at times. Every month has been passing through promises, hopes, high hopes, disbelief , hopelessness and overpowering pessimism. It was with this background, a suggestion was made to make "mention" by all the case Managers and Advocates that the 20% may be extended to all 50000 plus pensioners and family pensioners. It was a qualified suggestion. There is no need if the cases are heard continuously on one, two or more number of days and decided. "Mention" a must if there is adjournment beyond fifteen days. If fifteen days is considered too less to make a "Mention", it may prayed if adjournment is sought by LIC or GOI is for a month or two or more. There are other issues like family pension etc. All these issues are equally important as 100% neutralisation in DA/DR  and updating of pension. These issues too should be dealt with seriousness that they deserve. 




Decision of the Insurance Company to deny reimbursement 
of domiciliary treatment to retired employees 

A letter written by AIBEA to IBA was sent to you earlier. 
AIBEA has received an interim reply from IBA. 
Its soft copy is sent herewith.CLICK HERE
Yours sincerely, 
General Secretary

Friday, December 18, 2015

CH Mahadevan's Response to Mr J M Aboobucker's chat column post

18 Dec 15, 07:24 AM

JM Aboobucker: Our demand is 100% DR as was given to retirees from
1.8.1997. So LIC may contend that they have calculated the arrears by
granting the 100% DR to the pre 8/97 retirees. Thus They have
implemented the PH HC orders and there is no contempt of court,
according to LIC. In this connection we have to remember that Courts
would go into the aspects of law and rules and decide if there is any
violation by LIC rather than going into the nuances of the
Arithmetical calculations involved in the dispute as expressed by the
SC. under the circumstances what could be the solution for this

My Response

P & H HC judgment dated 9/11/2012 allowed the petition praying for not only 100% DR neutralization(after removal of DR anomaly from 1/11/1993 or the date of retirement whichever is later),but also upgradation of pension on substituted scales of pay together with interest on arrears. So LIC’s contention after stopping with payment only providing 100% DR neutralization leaving out the other benefits as per the judgment will not be legally acceptable.

As regards the nuances of arithmetical calculations, it is not very difficult to determine the accuracy of the calculations if one works out the arithmetic correctly understanding the judgment. When the arithmetic followed by LIC is not in tune with the judgment , there is no legal compliance and hence there is contempt. Here the problem is not with the judgment, but the manner in which LIC has been deliberately distorting the interpretation of the Jaipur and P& H HC judgments. It is for our counsel in the Supreme Court to convince the SC on where LIC has gone wrong and also deliberately continuing to go wrong.

The solution lies with effective arguments by the petitioners’ counsel and deft court craft. Here ,how the counsel are properly briefed by the case managers and how such briefings are used by the counsel in the Court also become very crucial.

CH Mahadevan

Lacuna in the compliance of the court order

Shri CH Mahadevan has succinctly brought some valid points in the faulty calculation of the interim relief which induced me to rummage into my scanty notes to verify the facts as under :-

1.Board resolution is dated 24-11-2001

2.Jaipur HC judgment is dated 12-01-2010

3.CWP 6676/1998 for removal of DR anomaly PRIOR TO 01-08-1997 WAS ALLOWED

4.CWP 654/2007 for UPDATION OF PENSION FOR RETIRED EMPLOYEES ON REVISION OF PAY SCALES WAS ALLOWED ( It is pertinent to mention here that two wage revisions were done on 01-08-1997 and on 01-08-2002 which were in vogue when the Jaipur court judgment was delivered on 12-01-2010 )

The impugned Jaipur HC order dated 12-01-2010. What does it say ( In a nutshell ) as this is the referral point in subsequent court orders :-

“ In the light of the discussion made above both the Writ petitions are allowed. The respondant Corporation is directed to take a decision for IMPLEMENTATION OF THE RESOLUTION D/ 24-11-2001 PASSED BY THE BOARD. THE RESPONDANT CORPORATION CANNOT PROVIDE DIFFERENT CRITERIA FOR GRANT OF DEARNESS ALLOWANCE TO THE EXISTING PENSIONERS i.e. 31-07-1997 (LIC has taken this date as the effective date! ) The benefit arising out of directions above would however be considered by the respondent Corporation so that EVERY RETIRED EMPLOYEE MAY GET THE SAME BENEFIT.

When the court said that they are not concerned about the nitty gritty of the arrears calculation what they had in their mind was that it was not their concern about the arithmetic of the calculation but it does not give the freedom to calculate the arrears in one’s own way flouting the essence of the court order vis-à-vis removal of DR anomaly retrospectively from 01-11-1993 when the pension rules came into force or from the date of retirement whichever is later and to take into account the weightage in pension upgradation .The cutoff date 01-08-1997 taken by the Corporation for the calculation purpose is an infringement on the impugned Jaipur HC order . It is now in the wisdom of the learned counsels to bring these points in their arguments before the SC BENCH.

A learned Judge once said that writing a court order is like undergoing pregnancy pain and we hope that when the final order is passed by the SC it does not suffer from any clarity.




18 Dec 15, 07:24 AM 

JM Aboobucker: Our demand is 100% DR as was given to retirees from 1.8.1997.  So LIC may contend that they have calculated the arrears by granting the 100% DR to the pre 8/97 retirees. Thus they have implemented the PH HC orders and there is no contempt of court, according to LIC. 

In this connection we have to remember that Courts would go into the aspects of law and rules and decide if there is any violation by LIC rather than going into the nuances of the arithmetical calculations involved in the dispute as expressed by the SC. Under the circumstances what could be the solution for this problem?

Thursday, December 17, 2015


17 Dec 15, 10:58 AM

subbu: Usually, a doctor directs a patient advises his patient to undergo a scan expecting something which he feels adverse to confirm his intuition. But he has to depend on the radiologist. There are many instances when the radiologist's opinion differed with those of physical clinical findings of your physician. Then what does the physician do? He directs the surgeon to cut open the rib and see for himself and do what should and could be done. The present direction from the HC is one example.

CH Mahadevan's response to comments


Wednesday, December 16, 2015


16 Dec 15, 02:51 PM

G.Krishna Prasad: So, Chandigarh HC asks for details of calculations. SC's observations in passing that they will not go into calculations has been treated by LIC as license to miscalculate!

16 Dec 15, 09:01 PM

B Ganga Raju: Shri S.N's suggestion is good. If there is going to be delay in preparing and serving the feast, atleast hot soup can be served to all. 

But the main course also must follow in a reasonable gap of time.