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Sunday, April 10, 2016

NOIP LETTER TO LIC CHAIRMAN FOR INTERIM RELIEF


NATIONAL ORGANISATION OF INSURANCE PENSIONERS 
(Affiliated to Bharateeya Mazdoor Sangh) 
BMS Office, Vishwakarma Bhavan, 185, Shaniwar Peth, 
Pune 411030. Tel.: 020-24454040 
President: S. L. Burman General Secretary: Ashok J. Joshi 

                                                                                              Date: 09-04-2016
To

The Chairman,
Life Insurance Corporation of India,
CO, Yogakshema, MUMBAI

Dear Sir,

Re: SC Judgment dtd.31-03-2016- Civil Appeal Nos. 8959-8962 of 2013 with Civil Appeal No.6995 of 2013, Civil Appeal No.9223 of 2013 & Civil Appeal Nos.9409-9410 of 2013

We would like to bring to your kind attention the SC Order dtd.31-03-2016, uploaded in SC website on 07-04- 2016 in respect of the captioned cases. The honourable judge has ordered the LIC of India to pay 40% Interim Relief of the total payable to all the similarly placed pensioners who have retired prior to 01-08-1997. The relevant paragraph of the said judgment is quoted here under verbatim for your ready reference-

“Keeping in view the totality of facts and circumstances of the case, it is hereby directed that the Corporation shall pay 40% as per Para 3(A) of the Appendix to each of the employees within six weeks and shall file an affidavit before the High Court of Delhi to the said effect……….”

As narrated elsewhere in the order, the honourable judge refers to Para 3(A) of the Appendix IV of Revision Rules 2000 dtd 22-06-2000 (wage revision of 1997). The clear import of his order without an iota of confusion, is that all those pensioners who retired prior to 01-08-1997, have to be fitted in revised basic pension as on 01-08- 1997 giving the same up gradation of basic pay as was given to in-service employees as on 01-08-1997. In view of the unambiguous verdict aforesaid, we implore upon you to arrange to issue suitable instructions duly including the following points-

1) Interim Relief of 40% as depicted herein above, should be paid to all the pensioners who retired prior to 01-08-1997.

2) It should also be paid to all eligible family pensioners.

3) The basic pension/family pension has to be revised duly up grading the basic pay consequent upon wage revision as on 01-08-1997 in an exactly similar manner in which in-service employees as on 01-08-1997 were fitted in revised basic pay.

4) On arriving revised basic pension as in (3) above, Dearness Relief at 0.23% of such revised basic pension has to be calculated up to 30-04-2016. (of course from 01-08-1997)

5) 40% of the total arrears payable as in (4) above has to be paid to all pre 8/97 pensioners.

6) While making payment to eligible pensioners, necessarily each pensioner has to be supplied with the copy of calculation sheet to verify the correctness of the payment strictly as per the SC Order aforesaid.

7) Since the SC has come out with a clear cut verdict without giving any scope to any party to misinterpret/manipulate the true intent of the verdict, we implore upon you to take abundant precaution in releasing the payment instructions to avoid any wrong/less payments in contravention to the verdict. Lest it may lead to further anomalous situation warranting plethora of contempt petitions to the SC.

8) The individual calculation sheets to eligible pensioners are to be necessarily supplied well before the LICI files the affidavit to Delhi HC in full compliance of the order of the SC.

We eagerly await the blemish less and true compliance of the said verdict.

Thanking you,

Yours faithfully,
(General Secretary)