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Thursday, March 24, 2016

SN (A 1992 PENSIONER)


The operative part of the Rajasthan (Jaipur) High Court judgement dt.12-01-2010 is as follows:

" 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. (M.N. BHANDARI) "

In LIC , DA/DR was on tapering- reducing percentage basis till 01-08-1997. In short, .35 rate per slab DA hike up to Rs.4800/- for working employees and up to Rs.2400/- for pensioners. Shri KMLA in his first petition (1998) prayed that the rate per slab hike in DA/DR for pensioners should be the same as applicable to employees. In other words, the pensioners drawing pension up to Rs.4800/- should get .35 rate per slab hike like serving employees. For further details, the Judgement copy available on PC may kindly be referred.

[As per 4th CPC, the GOI employees and pensioners too got DA/DR on tapering basis. viz. 100% neutralisation in DA to employees drawing pay up to Rs.3500/- and to pensioners drawing pension up to Rs.1750/-. Pensioners getting reducing percentage of DR thereafter - on their pension amount - half of basic pay, while working employees got on their basic pay. There was no 'equal' treatment , there was no 'parity' in DA/DR in GOI between the working employees and pensioners as pleaded by Shri Asthana.

It is to the credit of 5th CPC - it asked ( recommended) for the impossible to get (got) the best possible- the GOI granted 100% DA/DR to its employees, pensioners as well as to its family pensioners from 01-01-1996. (100% DA /DR immensely helped the seniors and those in higher category drawing higher pay or pension.)

All those retired before 01-01-1996, got updation on notional basis on certain norms.]

While LIC granted 100% DA to its all serving employees from 01-08-1997, it did not extend 100% DR to pensioners retired before 01-08-1997. No updation to anybody.

Shri KMLA in his second petition along with few others have pleaded for 100% DR ( full neutralisation in DA/DR for those retired before 01-08-1997 and periodic updating of pension along with pay revision of in- service employees.

At the P&H Court - in brief :

The petitioners at the Chandigarh High Court are retired Class I officers of L.I.C. They have challenged the discrimination against employees retired between 1.1.1986 and 1.8.1997 while framing Rules with regard to grant of Dearness Relief to pensioners at par with in-service employees, up-gradation of pension and have prayed for removal of anomaly in the matter of rate of Dearness Relief to pensioners and Dearness Allowance to serving employees on the same amount of pension/salary and up-gradation of pension on pay revision and to implement the decision passed by the Corporation in its meeting of the Board of Directors dated 24.11.2001 and to fix pension of the petitioners as per the substituted scales of pay equivalent to the stage applicable to them in the scrapped pay scale as on the date of their retirement and pay,pension at the rate of 50% of such basic pay as arrived at on and from 1.8.1997 and thereafter on and from 1.8.2002 with all consequential benefits with 12% interest. The petitioners have given a note in the index of the writ petition that a similar case i.e. CWP No.654 of 2007 titled as KMLA Vs. LIC of India and others was allowed by the Rajasthan High Court directing the respondent-Corporation to take a decision for implementation of the Resolution dated 24.11.2001 passed by the Board holding that the Corporation cannot provide different criteria for grant of Dearness Allowance to the existing pensioners based on cut off date i.e. 31.7.1997 and as such, the benefit arising out of the directions above would, however, be considered by the Corporation so that every retired employee may get the same benefit.

The operative part of Chandigarh High Court is as follows:

" After hearing learned counsel for the parties, we are of the considered opinion that since it is not in dispute that similar relief prayed for by the petitioners has been granted by the learned Single Judge of the Rajasthan High Court in the case of KMLA which has been maintained in appeal and the petitioners are satisfied with the same order, the present writ petition is thus, allowed, in terms of the order passed in the aforesaid case."

A lot of water has flown under the Ganges since above two judgements and the judgement of Delhi High Court, a lot more has happened in the courts, including in the Supreme Court, during the last one decade and more.

Our learned leadership and their counsellors alike, with empathy in their heart of hearts, are standing on the threshold of justice for quite a longtime, all praying for the favourable justice to the pensioners.

SN (a 1992 pensioner)

(From various sources