* 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, March 31, 2016

PLEASE AWAIT THE ORDER

Dear Editor,

I am amused to read the so called 'versions' of today's Order.

Even after being beaten black and blue, should some of our leaders claim credit where they should admit bungling? By telling lies to the Court? Misleading their own Counsel?

Blissfully, Justice Misra delivered an 'unprecedented' Order out of sheer sympathy for the Pensioners.

Our case which was virtually lost, is kept alive by the Bench while we almost killed it.

Read the Order when it comes, and respond.

M Sreenivasa Murty 

An Urgent Appeal


Shri MSM * may please get duly clarified the 'ambiguous' wordings, if any, in today's judgement. 

He may also ensure that 40% IR is to be paid to all the pensioners, pre and post Aug. 1997. 

The eligible amount on which 40% IR is to be paid is 100% DR plus periodically updated pension to pre Aug.1997 and periodically updated pension to post Aug.1997 pensioners and all dues payable up to March, 2016.

* S/S KMLA and others may also please do the needful. 

SN

TODAY IN SUPREME COURT - A MIXTURE OF SUCCESS & DEFEAT‏

Dear Editor,

The Order dictated by Justice Misra before rising for lunch and resumed after 2.00 PM, runs in to several pages. A number is finer issues in the Order should be discussed and evaluated only when the Order is available tonight/tomorrow in black and white.

The issues decided are:

1. All Appeals are referred to Delhi High Court, (including undecided ones like Allahabad and Ernakulam and other HCs if any) for decisions on fresh submissions to be made (Amended WPs) to be filed by the concerned Parties. 

2. Delhi HC shall constitute a Special Bench within 4 weeks to hear these Petitions and dispose of the same before end of August 2016. 

3. Although the three judgments are set aside (for not addressing the substantive issues of law) keeping the expectations of the Pensioners, interim relief equal to 40% shall be paid to all similarly placed Pensioners, in terms of the Judgement within four weeks.

4. IR will not be limited to Petitioners. It shall be to all.

5. Applications for intervention (Hyderabad & AIRIEF) are allowed.

Court made several observations pulling up the LIC and its insensitivity to its former employees ignoring their contribution.

SGI was not available and they brought Neeraj Kishen Kaul in his place whose preparation on facts was appallingly low.

There are many lessons to be learnt. The approach of many pundits on Sec 48 has proved to be our Achilles heel. 

I am resisting my temptation to say I TOLD YOU SO. THIS IS NOT THE TIME FOR FAULT FINDING. BUT WE PAID A DEAR PRICE FOR NOT WORKING TOGETHER. BUT WE STILL HAVE OPPORTUNITY TO CONTINUE OUR FIGHT IN DELHI HC WITH A COMMON STRATEGY. MORE AFTER THE ORDER IS OUT.

ON MY WAY BACK TO HYDERABAD


Sreenivasa Murty M

SUPREME COURT DISPOSED OF APPEALS


The Supreme Court disposed of appeals after two-and-half hours of arguments and one hour of dictation of order.

Court remands all cases to the respective High Courts for finding on the validity of 2000 Notification.  

On the specific pleading of counsels engaged by our Federation, court orders payment of 40 percent to ALL PENSIONERS AFFECTED BY DR ANOMALY ONLY. AWAIT DETAILS.

GN SRIDHARAN

BREAKING NEWS * 2.57 PM * ALL APPEALS REFERRED TO DELHI HC TO BE DECIDED AFRESH BEFORE 31-08-2016



* All appeals referred to Delhi HC to be decided afresh before 31-08-2016.

* IR increased to 40% to all similarly placed pensioners.

* Not limited to petitioners.

* Pay in 4 weeks.


"I am not able to confirm the revision component for IR," informs Shri M. Sreenivasa Murty from Supreme Court.

Murty says, there is tremendous vagueness about what is going to be.



2.35 PM

Shri Srinivasa Murty also writes -

1. It looks like all appeals are being referred to Delhi High Court for adjudication on the points of law strongly raised by LIC.

2. Interim relief to be redefined.

(Since this message is not very clear, we await further clarification from Shri Murty. Court has resumed its session after lunch. -Ed.)


1.03 PM * COURT ROSE FOR LUNCH * ORDER DICTATION TO BE CONTINUED AFTER LUNCH ALSO

12.54  SC ORDER BEING DICTATED * A LONG ONE * STILL IN INTRODUCTORY PART ONLY

12.38 PM * ORDER BEING DICTATED. DON'T KNOW WHAT IT IS GOING TO BE. PRAY

ALL YOUR COMMENTS

31 Mar 16, 12:18 PM

R.K.Viswanathan: Bouquets to PC and to its mentor for flashing the court proceedings.Our demands being justifiable justice will be on our side That LIC counsel is confused and confusing is not strange as he is arguing add for a bad cause like Karnan fighting for a wrong side

31 Mar 16, 12:17 PM


Nagarajan: Editor Sir, Thanks for your efforts

31 Mar 16, 12:12 PM


ramesh rao: i appreciate editorji the manner in which is depicting the proceedings of sc is marvallous and keep it up

31 Mar 16, 12:09 PM


Bhaktavatsalarao.k: A request to our cartoonist..The person waiting looks young. Pl make him old without hair on the head,with 2 to 3 teeth waiting with smile on his face.

31 Mar 16, 12:07 PM


ramesh rao: narrow mindedness never achieve and hurt the woking class people when slps are refused that its self goi is conceeded in this long justifiable war

31 Mar 16, 12:05 PM


ramesh rao: the eclipse that shaded now it is coming out

31 Mar 16, 12:04 PM


ramesh rao: no one can stop the rising sun

31 Mar 16, 12:03 PM


umachandran: 

Hatsoff LICPC. As Mr.Bhaktavasalarao said, I am also enjoying the updates of the proceedings, sitting in Dubai.. Let us all hope for the positive outcome.

31 Mar 16, 12:03 PM


ramesh rao: satyameya jayathe long live the unity of pensioners our demands are just and right

31 Mar 16, 12:02 PM


C.L.Janakiram: Pray Saibaba for pensioners victory today
Rough weather, but fighting back...



12.11 PM 

LOT OF ROUGH WEATHER. NIDHESH GUPTA IS STUBBORNLY HOLDING GROUND. REFERENCE BACK TO DELHI HC TO RECONSIDER IS DISCUSSED.

JUST PRAY PRAY.  SOME DECISION IS COMING TODAY.



PRESS REFRESH BUTTON


FOR GETTING 
CHANGE
OF NEWS

Comments from viewers


31 Mar 16, 11:58 AM

C T JOSHI: KUDOS TO LICPC. WE ARE GETTING MINUTE BY MINUTE ACCOUNT OF WHAT IS GOING ON IN SC TODAY.

SRI P G GANGADHARAN ji HATS OFF TO YOU !!!

31 Mar 16, 11:56 AM

PARVEEN: Best of wishes to all retirees for the day

11.45 AM  ARGUMENTS CONTINUE...


----------------------------------------------------------------
Comments from pensioners

31 Mar 16, 11:48 AM

SN: All the best to our revered leaders. May God be with them.

31 Mar 16, 11:30 AM

a v subbaraman: time by time news isexhilarating
31 Mar 16, 11:13 AM

G Srinivasan: Atlast, God is pleased to open the SC for U.S..further prayers to HIM will be rewarded

31 Mar 16, 11:10 AM

B.R.Mehta: Today means 31.03.2016 is marked for LIC PC only.

______________________________________________

11.26 AM

SEC. 21 AND 48

COUNSEL IS READING OUT SEC 21 AND 48 AND EMPHASISING HOW GOVERNMENT APPROVAL IS MANDATORY.


COURT EXAMINES DR FORMULA.

11.20 AM  

JUSTICE MISRA IS DEEPLY PROBING THE DR FORMULA. LIC COUNSEL LOOKS CONFUSED AND IS ALSO CONFUSING.


BOARD RESOLUTION BEING EXAMINED BY THE COURT...


11.06 AM MR. NEERAJ KISHEN KAUL, SENIOR ADVOCATE, TOOK OVER
TO ARGUE FOR LIC IN THE ABSENCE OF SGI.  NOW THE BENCH IS EXAMINING THE BOARD RESOLUTION.

________________________________________________________________________________
Comments from readers.

31 Mar 16, 10:45 AM

JM Aboobucker: Misc Case 1 over in 5 minutes. Now our case no.101 is taken up. Court sits upto 3 pm. For the first time our counsels have sufficient time to place our case before the court in detail. Let us hope and pray for the best today.

31 Mar 16, 10:44 AM

Bhaktavatsalarao.k: Wow. Wonderful updates by licpc. A big salute to licpc. By sitting in a remote place here in Astralia, i am enjoing the drama.


31 Mar 16, 10:55 AM
B Ganga Raju: 31st March LIC'S BUSINESS CLOSES. OUR BUSINESS COMMENCES ( IN COURT.)

31 Mar 16, 10:50 AM
Bhaktavatsalarao.k: It is shame to UOI for their unwanted SLPs.
________________________________________________________________________


10.50 AM ... WITH BATED BREATH LIC PENSIONERS ALL OVER
THE WORLD  WAIT AND WATCH SUPREME COURT DEVELOPMENTS. 


10.40 AM LIC COUNSEL STARTS.

10.37 UOI SLPS REJECTED FOR DELAY.

10.36 LIC TEAM IN. ALSO ASG'S ASST. COMES

10.35 AM MISC.CASE NO.1 OVER

10.34 AM NONE FROM LIC YET.

10.33  AM SC HAS TAKEN UP MISC.CASE NO.1

10.30 AM COURT IN SESSION.

10.25 AM PETITIONERS COUNSELS ARE ALL IN. LIC COUNSEL & SGI YET TO COME.

10.24 AM MR. NIDHESH GUPTA SEATED IN THE FRONT ROW. LOOKS ALL SET. PETITIONERS MUST BE COLLECTING THEIR ENTRY PASSES. MR. GNS IS BACK IN ACTION. EXCHANGES PLEASANTRIES...

10.20 waiting for the counsel for chandigarh & hyderabad for a quick strategy session before 10.30 am.

10.15 AM SHRI MURTY IS IN COURT NO.4. A BIT TOO EARLY. MR. RK SK SINGH JOINED TOO.

The court will be soon bristling with activity. As reported yesterday, Justice Mrs.Bhanumati joins Justice Misra to form SC Bench...

THE LIGHT AT THE END OF THE TUNNEL?‏


Dear Editor,

What happened today in the Supreme Court is indeed a welcome step forward in our arduous trek in the perilous path for years.

Although the LIC Appeals were ordered to be tagged and posted for Final Hearing almost two years ago, (in April 2014 to be precise), it is only now we seem to be inching forward towards the long awaited destination.

Having seen the system from close quarters, I am still not totally rid of my skepticism. I mentioned in my Post earlier in the day that all camps are happy except perhaps, LIC.

I owe a clarification for my charge. LIC's move to hire the services of Solicitor General of India was not a routine decision just to argue its Appeals. It needed a Counsel of such a stature to bail it out from all the mean methods it has been following to ill treat its Pensioners. Please don't get me wrong for using such strong language in support of my accusation. LIC's antipathy for its Pensioners is evident from a number of its omissions and commissions. 

They may be listed out as 

1) taking no steps to implement HC judgements although stay was expressly rejected, 
2) deliberately defying Court Orders 
3) Misleading Courts of Law 
4) making false statements even in sworn affidavits and more.
In the above background when LIC cannot afford to have its Appeals argued by anybody other than SGI, its fate tomorrow when our Appeals are taken up, is linked to SGI's availability. I am eager to watch what happens tomorrow, in that respect.
CAUTIOUS OPTIMISM is what I personally follow and prescribe for all.

More today on Final Hearing proper.

Sreenivasa Murty M
Camp: New Delhi

Wednesday, March 30, 2016

*** 31ST MARCH 2016, THURSDAY: THERE WILL BE ONE MISC. CASE BEFORE OUR CASE WHICH STANDS AT NO.1 (No.101) POSITION ***


Dear Editor,

Tomorrow's cause list is released. 
We are at No 1 with just one Miscellaneous 
matter before ours. 

  • The other Judge is Mrs Bhanumati. 
  • The Bench sits up to 2.55 PM. 
  •  Let us hope for the best. 

Sreenivasa Murty M
Camp: New Delhi

Dear Mr. Murty


Your first report on our case proceedings gives an encouraging feeling that all the Counsels have been able to see eye to eye in their united appeal to Judge. 

This is a welcome development and the united spirit should pervade tomorrow's proceedings to clinch the issue in our favour. 

It is more important all the counsels bond together and project common points to fight LIC and the case managers guide them towards this with points in our favour.


Praying to God and hoping for a positive outcome tomorrow.


V. Gopalan

RK VISWANATHAN

WE'RE THE FIRST CASE ON THURSDAY 31ST MAR 2016


Dear editor, 

All camps are visibly happy, except perhaps, LIC. Will explain that later.  When Misc. No 9 was concluded, the Display Board showed 101.  SGI was not seen. Few minutes left for the Bench to rise. ALL  Counsel representing Pensioners, M/s Sriram Panchoo,, Garg, Nidhesh Gupta, RK Singh, Jay Savla, Renuka Sahu, Saurav Aggarwal, Chinmayee, Kush Chaturvedi ( and some more) moved forward and caught the judge's attention. It is clear to all, that our matter has again not  reached, cannot go before the changed Bench in the AN and Tomorrow's list is uncertain. 

Mr Nidhesh Gupta virtually speaking for all Pensioners, told the Bench very appropriately, 'My Lord, this (101) is the LIC Pensioners matter, may or may not appear in tomorrow's list, so request specific orders to be posted tomorrow. Justice Misra was receptive and asked, 'is this part-heard'? The answer in chorus was 'No My Lord, it is not. 'Alright tomorrow'.  Again Nidesh Gupta said, 'as first item My Lord'. OK, first item. 

We now wait for the daily list in the evening to know about the Miscellaneous Villains. More later.  


Sreenivasa Murty M.
Camp: New Delhi 

ALL ABOUT DHARNA



30 Mar 16, 12:22 PM

B.Ganga Raju: Vexed by the judicial delays and uncertainties there was a suggestion for Dharna. Any agitation is easy to organise if all the aggrieved can be assembled at short notice. 
 For example, agitations/demonstrations by in-service employees. They are available during working hours at one place. Pensioners are scattered and it requires great effort to gather them.

Still there is the example of Dharna by pensioners in Banks at Jantarmantar in New Delhi. If at all there is a decision to stage a dharna we can draw on the experience of Bank Pensioners.

Pensioners from all over the country have to be mobilised for a dharna whether in front of Yogakshema or at New Delhi.

How many pensioners can undertake the arduous trip for a dharna and the logistics are simply scary. Remember many are in their 70s. An alternative can be before all Zonal Offices/Divisional offices ( wherever sufficient number can be mobilised.)

The spirit is willing but the flesh is weak," applies to many.


*

DEAR GANGADHARAN

I READ THIS SUGGESTION MADE BY PERSON ( not named) FOR CONDUCTING DHARNA BEFORE YOGAKSHEMA OR PARLIAMENT. I THINK IT IS A CASUAL SUGGESTION OVER A CUP OF TEA.

ON 29TH MARCH 2016 I RECD SOME DATA FROM CO AGE GROUPWISE

NO OF RETIREES AS 0N 1-402015

AGE 71-75            6220
76 AND ABOVE 7482

IT IS NOT A FUN.

CSMURTY

A GLANCE OVER SC PROCEEDINGS ON WEDNESDAY 30TH MARCH 2016

This is all the news, views and cartoons published by us during the two-and-half hours period from 10-30 AM TO 1.00 PM just retained here for records:-


12.48 PM * OUR CASE NO.101 TAKEN UP

12.43 PM * 9 BEING ARGUED * 101 MAY NOT REACH. 
* AUTOMATICALLY TOMORROW  

12.35 PM * UNLIKELY TODAY * MAY BE TAKEN UP 
TOMORROW * NOW MISC.CASE NO.9 TAKEN UP


12.25 PM * MISC.CASE NO.6 OVER, 7 ADJOURNED 
* NOW MISC.CASE NO.8 ON * OUR COUNSELS 
GETTING READY  

12.10 pm 
MISC.CASE NO.6 CONTINUES.

11.59 AM

Refer demand in the Chat column
for Dharna before Supreme Court.
Let us think of Dharna before Yogakesha
or Parliament. And not before
the Supreme Court, says Murty.

11.46 AM NEWS
CONFIRMED, MISC.NO.6 STILL ON...

11.29 AM NEWS

Same status. Now our people and the counsels 
are a bit restive. 
The whole LIC team has come to the court. SGI in another Court 
* May come when called.

30 Mar 16, 10:46 AM

SN: Shri MSM or his counsellor may make a 'mention' (if permitted) vide SCI circular F.No.117/Jdul/ 2014 dt.28th Apl.2014. (What does circular say? Without knowing how a mention could be made. -Ed.)
MANY THANKS FOR WATCHING 'CHRONICLE'



TODAY IN SUPREME COURT - TOO MANY IMPONDERABLES‏


Dear Editor,  

We will know at 10.30 AM if LIC (Solicitor General of India) is ready and wiling to let the 'Final Hearing' commence. 

It may be recalled that the request  made on 24 March on behalf of SGI for adjournment was not accepted by the Bench and consequently the next date of hearing was not fixed in the open court. In other words, today's hearing is as per the normal procedure for listing pending matters, for people to fall in line and it was not an 'agreed date'. 

If nothing of significance happens at 10.30, the next uncertainty is how much time is taken to complete the Nine Miscellaneous cases before 101 is called. 

All Nine may get finished in 30 Minutes or just one of them may take the entire Forenoon. 

If our 101 is called before 1.00 PM AND the hearing commences, it is not likely to continue in the AN, as there is a change of the Bench. May resume tomorrow. 

If our cases are taken up only in the AN, continuation depends upon when the same Bench sits again. (part-heard).

These are only predicable possibilities. There may be bigger surprises too. 

Lastly, who does what, once we are on our feet, is the biggest imponderable. 

LET US LOOK TO HIM FOR BLESSINGS TO ALL LIC PENSIONERS. 

Sreenivasa Murty M
Camp: New Delhi

Tuesday, March 29, 2016

Justice delayed !

Quite disturbing


Quite disturbing to note that our case concerning the life and 

existence of over 40,000 pensioners, which has been dragging on 

for almost two decades, stands posted at 10th place after 9 misc 

cases on a day when the court sits upto 1 pm only.


V.Gopalan

All your comments on the eve of SC hearing


The time has come when the aim should only be "PENSION UPGRADATION FOR ALL WITH 100% DR FOR PRE 8/1997 PENSIONERS", and forgetting false individual egos.

NK Vaid, New Delhi

29 Mar 16, 12:46 AM

M Sreenivasa Murty: Thank you, Mr V S Rajamani, for your Post titled 'Even now it is not too late'.. While appreciating your apprehensions fully, I wish to make a proposition. If you're the fourth Party in the matter, what would be your response to the query from the Bench.? Would you like to say"My Lord, When I am not bothered about 20% why are you bothered? Pl take up 100% when LIC (SGI) allows you to.take up. Let some more LIC Pensioners join their ancestors without knowing what is 100% and without getting even 1.3%. Who cares?

29 Mar 16, 08:25 AM

Anand Tyagi: Let first I pay my respect to each n every one who are worried about the pain n sorrow of their fellow pensioners.To my experience it all depends on "very first word/sentence/observation of both side Becoz arguments/discussions always initiated by words only.The Bench may go thru law points n arguments as placed by the Sr Advts, in this case is very well in the mind of both side. Pl forget parties Treat " one" for all. Regards n namaste.

29 Mar 16, 08:34 AM

B.D.Bhargava: The most important point that ought to be brought to the notice of S.C. is that even 20% has not been paid to all pensioners. That 20% has not been calculated properly is important but secondary.

29 Mar 16, 09:01 AM

namdev: hope counsellors of case managers may put the points raised by prakasa rao before the bench on 30th.

29 Mar 16, 09:52 AM

B.R.Mehta: But million dollar question is that our Principal Case Manager for Jaipur is not interested now to touch 20 % means he wants to come to rescue of LIC.

29 Mar 16, 11:49 AM

JM Aboobucker: This is Election time in 5 States. Even the various political parties who have different agendas, all forgetting their acrimonious speeches against each other are trying to forge an United Front. Their only aim is to somehow capture the power. When such things happen even among the rank enemies, will it be impossible for our 3 musketeers to join hands and fight For the single objective with them viz. PENSION UPGRADATION including the 100% DR for pre 8/97 pensioners. Time is running out. Forget the egos and fight against the common enemies instead of why there is no news from SC.

29 Mar 16, 04:21 PM

Y.Bhagyanath: All prayers of all pensioners are to see a favourable decision from SC on 30th Mar.without any further adjournment.

V.Ramachandran: Apparently Ego lays a vital role among the Case Managers in varying degrees.They are also reluctant to absorb the ideas and valuable information coming from knowledgeable persons thru Chronicle .Let the Case managers sacrifice their ego and fight unitedly atleast at the final stage. If not,they will. be doing injustice to ;the pensioners community at large.joining with LIC &GOI...

29 Mar 16, 04:45 PM


R.K.ViSWANATHAN: When minnows Afghanistan could beat the mighty West Indies in the T 20 World cup it does not matter the name and fame of the Lawyers engaged by LIC/GOI What matters is how well our counsels will argue our case tomorrow keeping in mind the time factor and the judges being overworked time is of essence to them. Let the arguments be concise and to the point sans any digression.

Monday, March 28, 2016

Even now it is not too late !

 
Dear Editor ji
 
I particularly avoid mentioning the contending parties by name. The reason is not to hurt anyone. I mention them as Party 1, Party 2 and Party 3

Supposing :
 
The Court asks LIC counsel - " Have you complied with the Order for Interim relief. LIC says Yes.

What will be the reactions of the counsels of Pensioners (parties mentioned above). One may say we are waiting for LIC to give calculation sheets; anyhow we know LIC has paid less; another may say that after LIC gives the calculation sheet, we can point out the exact extent of non compliance of the Order. The third may say that LIC has paid only 1.30% of the due amount and not 20% as per the order.

The Court may say to the parties giving vague replies to the questions asked "when you cannot pinpoint how much is due and what is the shortfall, how do you say there is non compliance". Come with your calculations. The Court is adjourned.

These are all my presumptions. Many pensioners including me do not want such a thing to happen. We appeal to the trios, atleast at this hour (forgetting the ego) to have a common minimum programme and jointly fight the issues without disputing the contentions of other parties. The three contending parties should have perfect understanding on important aspects. Even now it is not too late.
 
VS RAJAMANI

VS PRAKASARAO



On the eve of the S.C. proceedings due on the 30th March, I would like to draw the attention of our pensioner friends to the very very valuable and relevant statement of the chair person of the NHRC Justice K.G.Balakrishnan in the booklet ”RETIRAL BENEFITS AS HUMAN
RIGHTS –NHRC INITIATIVES” published in Dec.2014. JUSTICE K.G. BALAKRISHNAN in his foreword observed ” RETIREMENT BENEFITS ARE THE ACCUMULATED SAVINGS OF LIFETIME OF SERVICE. DENIAL, NON-PAYMENT OR DELAYED PAYMENT OF THE SAME IS NOT ONLY TANTAMOUNT TO DENIAL OF AN INDIVIDUAL’S RIGHT TO PROPERTY, BUT IS ALSO A VIOLATION OF THE HUMAN RIGHTS OF THE VICTIM AND THEIR NEXT OF KIN WHEREIN THEIR LIVELIHOOD IS AFFECTED, OFTEN TIMES RESULTING IN UNTOLD MISERY, STARVATION AND POVERTY.”

The PROLOGUE to the booklet observed that the retirement benefits are paid as per Rules. Citing the Supreme Court of India in D.S. Nakara & Others Vs Union of India reproduced the observations of the Court on Right to Pension –“ no right to pension can be enforced through Court has been swept under the carpet by the decision of the Constitution Bench in DEOKI NANADAN PRASAD vs State of Bihar & ORS. where in THIS COURT AUTHORITATIVELY RULED THAT PENSION IS A RIGHT AND THE PAYMENT OF IT DOES NOT DEPEND UPON THE DISCRETION OF THE GOVERNMENT BUT IS GOVERNED BY RULES AND A GOVERNMENT SERVANT COMING WITHIN THOSE RULES IS ENTITLED TO CLAIM PENSION”.

“Pension is the deferred portion of compensation for long and devoted services rendered by an employee with the employer. It is a social welfare measure as well. Article 21 of the Constitution of India guarantees everyone a fundamental right to livelihood, which includes entitlement to receive his deferred wages in accordance with RULES, after retirement. Non- payment of retiral benefits therefore is a violation of one’s fundamental right under Article 21.The right to receive the same is not only a fundamental right but is also a right to property under Article 300-A of Constitution of India which cannot be taken away except by Authority of Law.”

In the concluding remarks the NHRC observed” Right to receive retiral benefits , as per entitlement has evolved into one of the most important human rights .The pioneering role of the Supreme Court of India and institutions like the NHRC has given impetus to this right. However the role of the Executive for proper implementation of the social security legislations ensuring timely payments to the concerned beneficiary is of importance. NHRC India plays the role of a facilitator which ensures that when a victim of violation of rights to retiral benefits approaches the Commission, his matter is enquired into by the concerned State functionary and adequate relief is provided to the victim.

The Commission expects that the Executive in India will understand their important role in strengthening the social security regime in the country and take all necessary steps to promote and protect the rights of the entitled persons to receive the retiral benefits. NHRC has a strong belief that when all the stakeholders contribute to this resolve, a happy and developed India will not be a distant dream.”

Accordingly the executive has to assume responsibility to implement the pension rules.Our pension rules are mandatory . But L.I.C is reluctant to implement the pension rules .

RULE 56 OF L.I.C PENSION RULES: “ Matters relating to pension and other benefits in respect of which no express provision has been made in these rules shall be governed by the corresponding provisions contained in the Central Civil Services (pension)rules 1972 or the Central Civil (commutation of pension) rules 1981 applicable to Central Government Employees.”

RULE 56 OF NATIONALISED BANKS PENSION RULES 1995: “In case of doubt in the matter of application of these regulations regard may be had to the corresponding provisions of Central Civil Services rules 1972 or Central Civil Services (commutation of pension) rules 1981 applicable to Central Govt. Employees with such exceptions and modifications as the Bank with the previous sanction of the Central Govt. may from time to time determine.”

So the Banks have to obtain the permission of the G.O.I to apply the benefits as available to the central Govt. Employees . L.I.C Rule 56 did not provide for the prior approval of the G.O.I to extend the benefits availed by the Govt. Employees. Further the G.O GSR-553(E) DT.22-6-2000 empowered the corporation to amend the rules relating to Minimum Pension rule 36 ,Dearness Relief , and family pension. L.I.C issued a circular Personnel/ER/A Circular No.ZD/1206/ASP/2012 DT.11TH July 2012 RE: Family Pension when the Employee is found missing. This circular invoked Rule 56 of the Pension Rules for which no G.O was obtained. So L.I.C can as well issue instructions to provide the benefit of updation to the pensioners . Similarly D/R rules be amended by L.I.C itself in view of the G.O DT.22-6-2000.Presuming for a moment that L.I.C need approval of the G.O.I Rule 55A – POWER TO RELAX make the Govt. duty bound to give the approval sought by the Board Resolution. This rule is a positive rule so the Govt. can not use this to negate the benefits to the pensioners.

Can the Govt. create Rules u/s 48 which violate the Constitution . There were many instances when the L.I.C showered benefits on the employees without Notification by the Govt. Absorption of temporary employees was done without any notification. L.I.C AND G.O.I ARE PLAYING MISCHIEF WITH OUR STATUTORY PENSION RULES. We must high light this foul game being played by the LIC/ GOI combine to deprive the pensioners of their rights recognized by the constitution and the NHRC. In the process the precious time of the Supreme Court is wasted by this vexatious litigation perpetrated by the L.IC. The G.O.I can not arrogate itself to create Rules U/S 48, and remain adamant to set right the matters when the rule implementing authority sought to rectify the matters. The G.O.I should abide by the rule 55A, lest it amounts to abdication of its authority , and implies tacit approval.

Now L.I.C took a stand that post Aug.97 pensioners are not in the purview of the Resolution .Hence the interim relief was not paid to them .These petitioners at Raj H.C led by Sri Asthana should have raised their protest and objection .Why they were silent .If we keep quiet now it amounts to acceding the point to the L.I.C. This will damage the interests of post Aug.97 retirees and deprive them of updation benefit. This group contributed liberally to the legal fund with the fond hope of getting the benefit of updation . So special attention should be paid to this issue and these retirees should be assured that sincere efforts will be made to control the damage. Otherwise these retirees will be demoralized .

Another important matter is L.I.C brought on record the affidavit dt.4-5-2011 filed on behalf of the GOI in the W.P 34580 of 2007 Allahabad H.C. which stated that the Banking Division of the MOF advised against the approval to be given to L.I.C Resolution. Hence approval was not given to the Board Resolution. But in April 2006 when S.B.I employees struck work for 7 days the then finance minister decided to increase the pension in S.B.I.What was the reaction of the banking division then. How can banking division decide on L.I.C matters. We should protest and this should not be allowed to be on the records of Supreme Court.The Finance ministry can not cite the ripple effect to deprive the retirees of L.I.C.If this ripple effect is accepted the GOVT. can as well deprive the benefits of OROP, updation to Central and State Govt. retirees and those in railways, ports , parliament etc.

Further Supreme Court should be appraised of the Pension Rules so that the Apex Court directs the L.I.C to implement the Rules acting upon the G.O 353 dt. 22-6-2000 and also the Rule 56 on Residuary provisions which does not envisage the any clearance from the Govt.so that updation of pension for all retirees is ensured to protect our fundamental rights ,property rights and human rights.

With regards


VS PRAKASARAO,
 Visakhapatnam.

Hitting the nail on the Head


The Cartoonist, of late, may be because of unpardonable delay in solving our pension cases in H.Cs. and in the Apex Court, has become restive and uncompromising. 

He wouldn't spare anybody's mishandling. His cartoon on advocates (in general) is hard hitting but the intent of the cartoon is not at all misplaced. 

The advocates may appreciate the same and take it sportively. They must also honestly endeavour to erase the 'bad (to the bone) impression' at the earliest.
 

SN

Points To Ponder by MV VENUGOPALAN


Sri Venugopalan has lucidly analysed the various aspects confronting us in the pension case. I would like to add a few more points for consideration:

1. Sec..21 is a general provision and Sec.48 is a special provision. In case of conflict between the two special provision will take precedence.
 

2. If an unconstitutional act is done invoking Sec.48, only that act can be declared void by courts and not the entire Section 48.
 

3. DS Nakara judgement should be viewed in the context in which it was delivered. The point in dispute in that case was the the Central Government Civil Services Pension Rules were amended from 1-4-1979 liberalising the rules for fixing the quantum of basic pension and the liberal provision was applied prospectively in respect of those retired on or after 1-4-1979 and denied to earlier retirees. 

The court held that if in an ongoing pension scheme the rules are amended conferring greater benefits to pensioners, then the benefits should be extended to all pensioners - past.present and future and not restricted to future only. It should be seen as to what extent that judgement will fit into our case.

T. Lakshminarayanan