This subject and the details have been already dealt with. - Some of the readers have onceagain asked us these details. - For the benefit of such readers, we are placing this article here. - Ed.
THE GREAT CONFUSION -- KNOW THE FACTS
L.I.C MEANS LIFE IN CONFUSION. NOW WE THE PENSIONERS ARE VICTIMS OF THE THE FOUL GAME THAT IS BEING PLAYED BY THE L.I.C AND G.O.I VIOLATING THE RULES FRAMED BY THEMSELVES ON OUR PENSION.
BOARD RESOLUTION AND AFFIDAVIT IN ALLAHABAD HC - THE STALWARTS AMONGST US ARE VERY ACTIVE IN DEBATING ON THE RESOLUTION OF THE BOARD AND E.D.(P) NOTE . THE L.I.C IS TRYING TO MISLEAD THE APEX COURT IN INTERPRETING THE RESOLUTION SO THAT 5 PETITIONERS ARE DECLARED AS OUTSIDE THE PURVIEW OF THE BOARD RESOLUTION.
L.I.C. REQUESTED THE SC TO ALLOW THE AFFIDAVIT FILED BY G.O.I. IN THE ALLAHABAD H.C. ON 4-5-2011 WHICH TALKED OF RIPPLE EFFECT IN BANKING SECTOR AND APPROVAL WAS NOT GIVEN TO THE BOARD RESOLUTION. BUT G.O.I. ALLOWED INCREASED PENSION TO S.B.I. RETIREES IN 2006. IT IS TIME TO KEEP IN MIND SOME FACTS FOR BETTER UNDERSTANDING OF OUR PROBLEM TO MAKE CONCERTED EFFORTS TO ENSURE JUSTICE AND BETTER BENEFITS TO ALL PENSIONERS.
1. THE LIC WAS ESTABLISHED BY THE L.I.C ACT 1956 TO NATIONALISE THE LIFE INSURANCE BUSINESS IN INDIA. THE ACT GAVE AUTONOMY TO L.I.C TO CARRY ON ITS DAY TO DAY BUSINESS SUBJECT TO THE POLICY GUIDELINES/RULES FRAMED BY THE G.O.I. SO MUCH SO L.I.C. WAS DECLARED AS 'STATE' BY DECIDED CASE LAW.
2.THE EMPLOYEES ORGANISATIONS FOUGHT THE LEGAL BATTLE ON THE ISSUE OF BONUS AT APEX COURT WHICH HELD THAT THE EXISTING BENEFIT BEING ENJOYED BY THE EMPLOYEES CAN NOT BE TAKEN AWAY UNILATERALLY UNLESS THE G.O.I BROUGHT NECESSARY AMENDMENT TO THE L.I.C ACT.
3.THE HIGHLY VINDICTIVE SMT. INDIRA GANDHI IMMEDIATELY ENSURED TO BRING THE L.I.C AMENDMENT ACT 1981 WHEREBY SEC.48(2)(cc) EMPOWERED THE G.O.I TO MAKE RULES AMONG OTHER THINGS, ON MATTERS RELATING TO THE TERMS &CONDITIONS OF SERVICE OF THE EMPLOYEES AND AGENTS OF THE CORPORATION. AS SUCH THE EMPLOYEES WERE DEPRIVED OF BONUS AS A DEFERRED WAGE. HOWEVER THE EMPLOYEES ARE BEING PAID INCENTIVE LINKED TO THEIR PRODUCTIVITY YEAR AFTER YEAR. FURTHER THE WAGE REVISION IS ALLOWED EVERY 5 YEARS IN CONSULTATION WITH THE ORGANISATIONS OF THE EMPLOYEES APART FROM OTHER BENEFITS LIKE PROMOTIONS, MEDICAL BENEFITS, PENSION ETC.
4. IN 1995 L.I.C. EMPLOYEES PENSION RULES WERE FRAMED U/S 48 OF L.I.C ACT 1956 TO PROVIDE PENSION, D/R AND FAMILY PENSION TO THE RETIRED EMPLOYEES FOR WHICH THE EMPLOYEES HAVE TO FORGO THE CORPORATION CONTRIBUTION TO THE PF FUND. SO PENSION RULES HAVE THE FORCE OF LAW.
5. THESE PENSION RULES HAVE EXPLANATORY NOTE AND A FOOT NOTE. THE FOOT NOTE MENTIONS THE NOTIFICATION GSR NO. 553 DT. 20-6-2000 WHEREBY THE G.O.I. EMPOWERED THE CORPORATION TO AMEND THE RELEVANT PROVISIONS TO DETERMINE THE AMOUNT OF MINIMUM PENSION, D/R, AND FAMILY PENSION. SO IT IS DELEGATION OF AUTHORITY .
6. ANOTHER NOTIFICATION DT. 6-12-1999 ADDED THE RULE 55A “POWER TO RELAX” WHEREBY THE G.O.I. SHALL REMOVE THE UNDUE HARDSHIPS CREATED BY THE OPERATION OF THE PENSION RULES. (THIS IS A POSITIVE RULE AND THE G.O.I. IS BOUND TO HELP THE AFFECTED PENSIONERS).
7. RULE 36 - MINIMUM PENSION. THE CORPORATION GOT THE AUTHORITY TO INCREASE THE MINIMUM PENSION CORRESPONDING TO THE INDEX TO WHICH THE PAY SCALES ARE LINKED WITH EACH WAGE REVISION. (THE PRINCIPLE OF UPDATION OF PENSION IS BEING ENJOYED BY THIS GROUP GETTING MINIMUM PENSION) .
RULE 56 RESIDUARY PROVISIONS - PENSION AND OTHER BENEFITS IN RESPECT OF WHICH NO EXPRESS PROVISION HAS BEEN MADE IN THESE RULES SHALL BE GOVERNED BY THE CORRESPONDING PROVISION CONTAINED IN THE CENTRAL CIVIL SERVICES (PENSION) RULES 1972 OR CENTRAL CIVIL SERVICES (COMMUTATION OF PENSION ) RULES 1981 APPLICABLE FOR CENTRAL GOVT. EMPLOYEES. ONCE THE RULES ARE MADE WHO HAS TO IMPLEMENT THEM? L.I.C BUT NOT G.O.I.
RULE 55 ON POWER TO ISSUE INSTRUCTIONS PROVIDE THAT THE CHAIRMAN TO ISSUE INSTRUCTIONS FROM TIME TO TIME AS MAY BE CONSIDERED NECESSARY OR EXPEDIENT FOR THE IMPLEMENTATION OF THESE RULES INCLUDING RULE 56.
RECENTLY L.I.C DEPARTMENT: PERSONNEL/ER//A CIRCULAR NO: ZD/1206/ASP/2012 DT. 11TH JULY 2012 RE: PAYMENT OF FAMILY PENSION IN CASE OF AN EMPLOYEE’S SUDDEN DISAPPEARANCE AND WHOSE WHEREABOUTS ARE NOT KNOWN WAS ISSUED INVOKING RULE 56 OF L.I.C PENSION RULES 1995. THE DECISION WAS TAKEN BY THE COMPETENT AUTHORITY I.E. CHAIRMAN. IT IS EVIDENT THE L.I.C ACTED ON THE POWERS DELEGATED TO THEM BY THE NOTIFICATION GSR NO.553 DT. 20.6.2000.
RULE 5. SAYS CORPORATION IS RESPONSIBLE TO PLACE SUFFICIENT AMOUNT IN THE PENSION FUND FOR DISBURSEMENT OF THE PENSION.
RULE 8. CORPORATION HAS TO APPOINT BOARD OF TRUSTEES TO ACT ON THE DIRECTIONS OF THE CORPORATION. SO IT IS CLEAR THAT THE G.O.I HAS NO FINANCIAL COMMITMENT IN PROVIDING PENSION TO THE L.I.C PENSIONERS. THE RULES ARE SELF SUFFICIENT TO BE IMPLEMENTED BY THE L.I.C.
THE NOTIFICATION DT.22-6-2000 EMPOWERED THE CORPORATION TO UPDATE THE MINIMUM PENSION (RULE 36). RULE 56 ALSO PROVIDES FOR UPDATION OF PENSION ON THE LINES OF CENTRAL GOVT EMPLOYEES.
( To be continued. )
( To be continued. )