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Thursday, April 28, 2016

VS PRAKASA RAO

   
 
 The  Govt. of India  created web site Senior Citizens Corner  states” Senior Citizens are the treasure to our Society. They have worked hard all these years  for the development of the nation as well as the Community .They possess a vast experience in different walks of life . The youth of to day can gain from the experience of the Sr. citizens in taking the nation to greater heights.  At this age of their life they need to be taken care of and made to feel SPECIAL. Indian Govt. provides several benefits through its Schemes in various sectors of Development With  various Tax Benefits , Travel and  health care facilities provisioned for them the Govt. has created reasons for Sr.Citizens is aimed at  providing  details on various aspects concerning them.”
PENSION RELATED ACTS/RULES :                                              
To safe guard the interests and rights of Sr.citizens the  GOVT. has framed various Acts and Rules. It helps to have a thorough knowledge of these Acts and Rules to keep track on pension matters and the process of getting HASLE FREE PAYMENTS. Another Benefit of knowing about these Acts IS TO GUARD AGAINST BEING CHEATED OF YOUR PENSION GRANTS.
The following RULES and ACTS are administered by the Dept. of Pension  and Pensioners’ Welfare .
Pensioners  procedures.
Central Civil Services (pension) Rules 1972
The pension Act 1871
Central Civil Services ( commutation of pension) Rules 1981 etc.
Life Insurance Corporation of India  is a STATE. The  employees of the Corporation are public servants. A thorough knowledge of our Pension Rules is very necessary for us. These Rules made U/S 48 of L.I.C  Act 1956 are mandatory and provides  rights to the pensioners to avail pension benefits. The Central Civil Services (pension) Rules 1972 and Central Civil Services (commutation of pension)Rules 1981  are relevant to us  because they are specifically mentioned in our  pension Rule 56. We are entitiled to enjoy the benefits  of these Central Govt. Rules. But our management  is  ignoring to implement this rule .Thus  we the pensioners are being cheated by the L.I.C because of our lack of knowledge of the Rule 56 which provides for updation of pension with each wage revision in terms of the Central Govt. Rules provided for in our Rule 56.
To quote Justice  K.G.Balakrishnan from the booklet “RETIRAL BENEFITS AS A HUMAN RIGHT –NHRC INITIATIVES” : “ Retiral  Benefits are the accumulated savings of life time service. Denial ,nonpayment  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 LIVELYHOOD IS AFFECTED OFTEN TIMES RESULTING IN UNTOLD MISERY ,STARVATION AND POVERTY.
The Supreme Court constitution Bench held in DEOKINANDAN PRASAD vs BIHAR “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 GOVERENED BY RULES  and a Govt. servant coming within those RULES is ENTITLED TO CLAIM PENSION .
Pension is the deferred portion of the  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 every one 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 violation of one’s fundamental right under Art.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 can not be taken away except by Authority of Law. (under which Rule LIC pensioner is denied  the benefit of updation  or the benefit of 100% D/R )
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 strong belief that when all the stake holders contribute to this resolve  a happy  and developed India will not be distant dream.( just think about the role of the officials of FOM and L.IC)
In the light of the above  it is very much clear that the PENSION RULES are paramount  more so when they are mandatory . Here it may be stressed that the Amendments to the Rules are also mandatory. In our case  the G.O 553(E)Dt.22-6-2000  which empowered L.I.C to amend Rule 36,37,39 is also mandatory . L.I.C  which  removed the tapering D.A formula  for in service employees and also the retirees  with effect from 1-8-97  should not have continued with the tapering D/R formula to the pre Aug 97 retirees . So  this group was subjected to discrimination  which is violative of the constitution Art 14,16. When L.I.C found the anomaly and the resultant hardship  the amending power should have been utilized  to set right the matter, instead L.I.C sought the approval of the GOVT. The  GOI is duty bound as per Rule 55A(power to relax) to approve  the L.I.C recommendation to remove the hard ships. We may recall that S.C  declared in deoki nandan Prasad  that Pension is RIGHT and payment of it “does not depend upon the discretion of the Govt”.But is governed by RULES. So as per our pension rules L.I.C ought not to have sought approval  being the amending  Authrity . But when approval was sought the G.O.I should have acted upon the Rule 55A .It is obvious the L.I.C /G.O.I  flouted the Rules. Similarly  L.I.C should have acted as  per Rule 56 to confer the benefit of updation  upon retirees with each wage revision  as per the Central Govt. Rules enshrined in the Rue 56.Thus the management and Govt. combine  are  flouting the rules to cheat  the retirees to deprive them of their legitimate  pension benefits.
The S.C specifically asked the Delhi H.C to decide on the  cases of the post Aug 97 pensioners for updation .So we have to marshal  strong  points to ensure justice to this group at Delhi H.C.

V.S.PRAKASARAO  Visakhapatnam.