Thursday, June 16, 2016

Re-fixation of pensions for retirees of the period 1/8/92 to 1/4/93

I refer to the post of Mr G N Sridharan on the above subject.

All of us are aware that for about two years, LIC has been evading  extending the benefits of the M C Jain case judgment  to .similarly placed retiree Class I Officers .Even Mr M C Jain has not been paid the correct amount but was paid  about Rs 12000/- plus only against his entitlement of more than Rs 2lks.Now there is a very strong link between  the MC Jain case  benefits and the  issues arising in the  cases  to be taken up for hearing  by the Delhi High Court. As there is a mandate  by Supreme Court that  the  writ petitions should be decided by Delhi HC latest by 31/8/2016,is it not expedient for the Federation  to take up this case  legally as a representative  body of a large number of retired Class I Officers? .This becomes all the  more pertinent especially considering that the MC Jain case judgment has implications of revision of pension  from 1/11/1993 for this group of retiree officers even though the others  will –if the Delhi HC   gives the verdict in favour of the pensioners- benefit by way of revision  only in respect of DR anomaly removal and 100% DR neutralization and if more lucky ,by upgradation of pension  from 1/8/1997 only.

 All the dialogues with LIC Management, with whatever cordiality, is not likely to yield any positive results for pensioners as past experience indicates.  Although there has been no valid point made out by the management on why they cannot extend the benefit to the eligible pensioners, there has been no assurance from the management that they will. There is every possibility that LIC will wait till at least 31/8/2016 before taking a decision in the matter.  The last option to go to the court should not become the lost option as it is already a case decided in favour of Mr M C Jain in the Apex Court about two years ago. We should also remember that all the MC Jain category retired Officers are octogenarians and the General Secretary himself being an octogenarian will be able to fully appreciate that there is no time to  lose in moving  legally in the matter.

It can also be explored whether  all the Associations/Federations with retired Class I Officers as members can  move a single application before  the Supreme Court  for justice to this category  of pensioners by collecting the contribution to the legal fund for the purpose and one Federation/Association  managing this fund.


To read GNS letter, click here.

We have been of late receiving several enquirers in regard to this issue and we assure that the same is being taken up with the Central Office at every opportunity. Even at the meeting our delegation led by our President Shri. Bali had with Dir (Per) on 18/5/2016 the issue was discussed, and there has been no valid point made out by the management on why they cannot extend the benefit conferred by the Rajasthan HC in MC Jain's case. We would also like to keep going to court as the last option, not because the number of affected Class 1 pensioners is not large but because of the time involved in litigation. I spoke to Shri S Srivastav Dir (p) on the subject again yesterday, and our office bearers at Mumbai M/S Nerurkat and Pathak will be following up the matter. Meantime we appeal to the concerned members to await the result of our current initiative after which we shall take a final call on approaching the judiciary.

With Greetings
GN Sridharan