RB KISHORE'S ARTICLE (CONCLUDING PART).

                  RB KISHORE                  

Executive Director (Retd.)

Vice President, All India Retired Insurance Employees Federation

Other General but distinguishing features of the Issue.

(i) There is an endless catena of crucial and landmark judgments in favour of pensioners at HC/SC levels. Judgments have sanctity.  Judges cite several case laws and submissions by both parties and only then only announce the verdict. We have to respect them and not find fault.

One Rank One Pension for Armed Forces, many State High Court verdicts in last 3/4  years, recent Madras HC verdict, AIRIEF Chandigarh HC verdict on Jaipur HC pattern, latest Delhi HC 2 Judge Bench asking Govt. to pay for pre1/2006 pensioners on par with post 1/2006, not from 1/1/2012, pensioners within 2 months failing which 9% interest also has to be paid  –  all are pointers towards pensioners consolidation in the right direction of pension upgradation.

(ii) It is an anachronism that LIC pensioners still continue in pre-1995 IV Pay Commission mode, Basic Pension remaining the same wef 1/11/1993, commencement of pension, while all have travelled to the latest VI PC mode.  Static unchangeable pension is obnoxious. It is a travesty of justice, as preserving integrity of internal relativity amongst cadres for pay/pension is a basic principle and postulate. 

• (iii) LIC /UOI are flouting the constitutional Fundamental Rights of citizens as enshrined in the  Constitution. Thousands of pensioners have died and are dying.  Equality is a dynamic concept with many aspects and dimensions and it cannot be imprisoned within traditional and doctrinaire limits... Article 14 strikes at arbitrariness in State action and ensures fairness and equality of treatment.   We pensioners in insurance industry are fighting for to plead to remove utter arbitrariness in institutional and state (UOI) action.

(iv) All these 13/14 years, MONEY, LABOUR,ENERGY, MOBILITY, SACRIFICE, INCONVENIENCE ALL BORNE SILENTLY AND STOICALLY BY PENSIONERS - unwept, unhonoured, unsung heroes like pensioners  with lack of money power, lungpower, muscle power, political power need to be looked after in a more empathetic manner, without dragging them again and again to needless litigation.   These can be addressed and redressed only by a sane Judiciary.

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  (v)  Further, after pension upgradation is granted after wage revision, subsequent fitments to the next group, after wage revision, will consume  a moderate outlay only. 

(i) Deaths of employees during service and so FP only (ii) Deaths of pensioners, (iii) pensioners not alive to secure Commuted Pension 15 yrs after retirement (a savings for LIC), (iv) see the rising numbers of Family Pensioners, (v) so parity also tapers off,  (vi) NPS  w.e.f.  1/4/2010 makes pensioners cadre slowly a closed one.  It is to be noted  that as at 1/1/2011, since as per Cost of Living Index , % DA has crossed 50 %, as per convention and PC findings, All India Govt. Pensioners Federation has already put up its demand for merger of DA/DR with Basic Pay/Pension.

(vi) What AIRIEF (All India Retired Insurance Employees’ Federation) is asking for is not even the tail of the Wage agreement PLLI or the tail of the Meal Coupon gift  on September Anniversary 2010.  There should not be a miserly, lackadaisical treatment meted out to diminishing tribe of pensioners, who brought name, fame and reputation to the Institution.  Board consent was secured though PLLI norms were not met.  Similar such outlay can well go to grant pension upgradation and to augment pensioners welfare.

• (vii) SC verdict that “when a benefit is extended to group of employees the effect of such benefit if otherwise comes within the purview thereof  must be held to be applicable to other group of similarly placed employees.” So, none need worry as petitioners now will embrace all pensioners for the benefit, when achieved.

(viii) Most important, Govt. Pension Regulations do not provide for revision of pension.  Central Civil Services (Pension) Rules, 1972 are statutory in character.                                                                                                                                           
But Govt has repeatedly gone ahead with pension revision and with it Railways only through administrative orders, without any amendment in its own Pension Regulations.   That did not preclude the Govt from giving effect to V CPC & again VI CPC recommendations. VI Pay Commission also added value rightly, increased % of pension at ages 80, 85, ,95 & 100 years to the tune of 30, 40, 50, 60 & 100%, which we don't secure and that demonstrated empathy towards Elders. Older Govt  pensioners have, therefore, an added reason to rejoice. No different yardstick  should be there as dispensers of justice. Policy makers and courts have to see social security reality, growing needs of Elders and Senior Citizens in a welfare state and uphold beneficial regime without an iota of reluctance and enhance value and worth  for those who gave sweat and toil for the rapid progress of the institution  

(ix) Pray all of us to live to that day to see and experience a more holistic life and living by these veteran elders who were the warp and woof of LIC and made this institution a wondrous one. Why not they enjoy a lustre in the fading  twilight  years of their lives?  Ultimately, it is to be remembered and appreciated that this verdict confers benefit on ALL groups of pensioners. Today’s employees, whatever cadre  they belong to, will be Tomorrow’s Pensioners one day or the other. Employees and Pensioners are the two sides ,heads and tails of the same coin.  Each one must empathise with others’ needs and requirements and work together  in unison for the common cause and welfare.

(x) Insurance industry is the only industry where employees do not join pensioners. Cumulative synergy gets absent and we pensioners are exploited.  Let us work together for the common cause, expedite matters, create a mosaic of unity in diversity and endeavour to receive what we richly deserve.

                                                                                                                                                                       

(Concluded)