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R.B. KISHORE
Executive Director (Retd)
VICE PRESIDENT, ALL INDIA RETIRED INSURANCE EMPLOYEES FEDERATION
THOUGH I HESITATED
SO FAR NOT TO ENTER ANY AREA OF CONTROVERSY
OR ARENA FOR PENSIONERS RIDDLED
WITH INTERPRETATIONS
AND MISINTERPRETATIONS GALORE, THANX TO LACK
OF KNOWLEDGE
OF DEVELOPMENTS, ’PICK AND CHOOSE’ TO COMMENT,
IGNORANCE OF MANY PROVISIONS IN PENSION RULES
OF LIC AND OTHERS,
PLUS COMMUNICATION GAP AND ABOVE ALL THE LETHARGY OF
PENSIONERS
CONTENT WITH WHAT THEY HAVE AND RESIGNING TO FATE.
IN THIS SENSE THE LAST 3 YEARS AND MORE ACTED
AS A CATALYST WITH
PLENTIFUL DEVELOPMENTS ON LEGAL FRONT AND A MORALE BOOSTER
TO ENTIRE PENSIONER
FRATERNITY. NONE CAN
DENY THIS RAY OF HOPE AND A NEW SENSE OF DÉJÀ VU AND ALIVENESS AND
AWARENESS
COUPLED WITH CURIOSITY.
BACKGROUND AND COMPELLING REASONS.
(ii) Pensioners are always granted the Same DR as the DA for the Same Basic Pay/Pension of Employees/Retirees. However, Pension Rules, 1995 in Appendix IV, provided for reduction of slabs of DR to Half. Look at DR per slab difference Rs. 0.93 to 11.50 for pre-8/97, after 8/2007 wage revision rising to a whopping Rs. 6.37 to Rs. 29.25 per slab from Asst to ED cadre, resulting in such a serious loss year after year. MOU dated 14/1/1994 between LIC & Employees unions was explicitly clear to grant ‘Same DR for pensioners as Same DA for Employees’. So, it was a gross violation and transgression of announced equality of DR/DA.
(iii) (a) The V Pay Commission (1/1996) noted that there was growing disparity in pensions in varying degrees drawn by persons retiring from comparable posts over the years.
(b) Even Commuted Pension (CP) after 8/2002 is higher than Basic Pension of pre 8/97 pensioners. After 8/2007 wage revision, CP is even equal to ADM’s Total Pension app.
(c) Even a Sub-staff or a Driver gets more pension than pre-8/1997 ED.
(iv) This shows such a shabby, miserly pension to the pensioners and it is ridiculous that Basic Pension continues UNCHANGED for 19 long years, when revision of pension takes place automatically to Govt pensioners, CG, SG & RAILWAYS as ordained in IV, V, VI PC pronounciations.
Denial of relief to insurance pensioners is clearly arbitrary and discriminatory violative of Article 14 & 16 of the Constitution.
(v) Supreme Court 5-Judge Constitution Bench presided by Hon’ble Justice Y.V.Chandrachud, in D.S. Nakara vs Union of India case (AIR1983 SC130), regarded as the Magna Carta for pensioners, thundered that (a) by introducing an arbitrary eligibility criteria, for being eligible for the liberalised pension scheme and thereby dividing a homogeneous class -- violates Article 14 and is unconstitutional. "Pension is neither a bounty nor a matter of grace depending on the sweet will of the employer. It is not an ex-gratia payment, but it is a deferred wage for the past services rendered by him….. Pension is their statutory, inalienable and legally enforceable right. It has been earned by the sweat of their brow. As such it should be fixed, revised, modified and changed in ways, not entirely dissimilar to the salaries granted to serving employees.
(To be continued)