RB KISHORE, VP, AIRIEF

(CONCLUDING PART)

BASIC, FUNDAMENTAL PRINCIPLES AND POSTULATES - A RUNNING COMMENTARY OF SALIENT & SAGACIOUS ARGUMENTS FOR REBUTTAL OF UOI AFFIDAVIT, DISMISSAL OF SLP 29956 & 29957 OF 2011 AND TO CLINCH VICTORY IN SC AND JAIPUR HC. 

11) A) i)  Outlay needed 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 & reputation to the Institution. Board consent was secured tho PLLI norms were not met & employees got benefit, even if not qualified. Why not this magnanimity be exhibited towards lesser mortals like pensioners, who richly deserve more. Similar such outlay can well go to grant pension upgradation & to augment pensioners welfare.

  ii) It must be noted that outlay question was never raised by LIC. No new point can be raised now in SC . Yet, it is sad some elements want to put spokes, saying LIC will not be able to pay, & even going to the extent of saying LIC will be in deep trouble.  Charter of Demands for ensuing wage talks portray demand of 3/4th of last drawn pay as Basic Pension!  So too CV of pension as 50%.  

iii) Surplus 5% to Govt Rs 830cr,929cr, 1031cr for 2007/08, 2008/09 & 2009/10, Rs1138cr in 2010/11 & Rs.1282cr in 2011/12.  Taxes paid to Govt stood at Rs3625cr,3973cr & 4425cr for 2009/11,2010/11 & 2011/12.  What more testimony is required.

iv) OER was 12.10,13.10,14.89 &14.27 % for2008-09,2009-10,2010-11,& 2011-12 respectively.

v)LIC is set to settle a whopping Rs90,000cr as Maturity claims & Survival benefits during current year 2013-14,which eclipses the premium of all private life insce companies put together !!

  

11)B) i) The number  of pensioners stood  at 38,200 in 2006-07.38434 in 2007-08 & 43,043 IN 2010-11.  It is just 1907 pensioners only per Year added All India, app 238 per Zone.

ii) We took correct figures of Pensioners RP as well as FP bifurcated ,not all in jumbo together. While CO actuals were taken as app 14,460 Pre-8/97, now 14,444 almost same till 31/7/2007, We took 25,764 in all 40224 comprising 27,952 RP & 12,272 FP. BUT, as actual pensioners figures till 2009-10 itself, TP is 41,676 only.  So, Outlay figures come down much lower. Outlay will be only Rs1192 Cr. for all these years put together.  In essence, therefore, Rs 79.5cr/pa which is indeed a paltry amount for such a gigantic financial institution.  It may be recalled that LIC Counsel orally said Rs1200 capp as outlay in Jaipur HC.

iii) Total pension payments right from 1995-96 to 31/3/2011 comes to Rs3707.84cr only. We can also be happy that pension payments for all 45,476 pensioners for 1 year period ending 31/3/2012 is only Rs585.41Cr, Rs10,738PM on an average, very small amount.  

iv) Correct yardstick can also be pension payments in relation to: 

TO READ MORE, PLEASE CLICK BELOW.

A) TOTAL OPERATING EXPENSES  & EMPLOYEES REMUNERATION & WELFARE EXPENSES.   I extracted from LIC performance as at 31/3/2011 from website & audited accounts.

i) TOTAL OPERATING EXPENSES--31/3/2010 : RS12,246CR: RS422CR PENSION PYTS 3.45% only

                           --31/3/2011 :RS16,980cr: RS497CR PENSION PYTS 2.93% only. 

ii) EMPLOYEES REMUNERATION & WELFARE EXPENSES:(inclusive of Employees & Pensioners)

                          31/3/2010 :Rs8053 CR:RS422CR PENSIONPYTS 5.24% only

                          31/3/2011:Rs12,055cr:497cr PENSION PYTS 4.12% only

 11)C) Even if outlay did not figure at all in LIC submissions, indirectly if it haunts the Courts, such real figures will bring truth about this laudable, stable solid, solvent institution, a Rock of Gibralter & an undeclared Navarathna & also more particularly, how demands of pensioners are so realistic & modest. 

12)i) LIC went ahead in the case of Gold coin during Golden Jubilee celebrations, Midday Meals Coupon Scheme for all employees. 

ii) LIC did not ask IBA, neither UOI asked IBA about these benefits conferred .To say pension upgradation will create ripple effect, cannot be accepted as Courts have pronounced judgements on these too. 

iii) In fact, Courts have even gone to the extent of saying that they should find resources and settle before deadline. 

iv) In a latest judgement by Kerala HC Bench in the Hindu dt 1/6/2013, Bench restrained Education Secretary, all GOfficers in Education dept. & DPI from drawing their salaries till court directive to give hike in salaries of pre-primary teachers & ayahs are complied with Rs.5000 & 3500 respectively. Court further warned that this interdiction might be made applicable  to other departments concerned if the implementation was delayed.  Such is the velocity & ferocity of Court verdicts when it concerns aggrieved groups & affected categories knocking at the doors of Justice !!

13)i) Reliefs claimed do not offend any of the provisions of LIC PENSION RULES, 1995.

It does not require any amendment but only. UOI consent is fortified by UOI Counsel during SJ, Jaipur hearing.

   

ii) We have seen many many court cases of good judgements & its implementation too. Many cases go for appeals & lost.

Many cases go for further review & lost.

If SLP is submitted in all these cases, we break the very foundation of rule of law & legal jurisprudence.   So, Civil Procedure Code came into being & good guidelines are given.

So, it becomes clear that SLP of LIC is also for Review Petition to be questioned on apparent matters of law & not the root of the problem of DR-cum-pension upgradation upheld by SJ & subsequently by DB too on 21.1.2011. 

It will be a mockery of justice if all SJ, DB, Review  which itself takes 2/3/4 years is again  tried to be sabotaged by any institution or Govt. Court is for weak, infirm, aggrieved, Sr Citizens, Pensioners. If in one stroke, by SLP any re-enactment is tended to be done, the whole edifice of justice goes away & powermongers enter the picture to thwart the long & arduous journey already taken place under the watchful eyes of the Courts. Such actions are regarded by all Courts as reprehensible. It means NLP which was proclaimed to be a Policy decision & an Action plan goes still weaker. Law dispensers cannot dispense equity & justice. That is why Hon Justice Retd AP High court TNC Rangarajan observed that lower court order will not be remanded.

iii) ARTICLE 226 of the Constitution confers powers to High Courts & Article 32 of Constitution confers powers on Supreme Court to issue Writs or Mandamus against Govts.  The masterpiece in Counter Reply to LIC SLP by Sri Asthana is the preliminary objection itself that Review petitions vide Order 47,Rule I of Code of Civil Procedure, an order of the Court rejecting such review application for review shall NOT BE APPEALABLE.

Because of such specific & mandatory provisions clearly laid down under law, LIC SLP stands to be dismissed outright. Matters involving Fundamental Rights of citizens & when violated. Courts come down with a heavy hand. 

iv) Two chances to appeal should normally be enough to decide a case. The 3rd or 4th appeals to HCs or SC by one who has not even won once before should be rejected at the threshold. Even in the SC, dozens of review petitions are summarily dismissed  in chambers every day .Some of them return wearing another hat called “curative petition” and suffer the same fate. This is what it ought to be & we pensioners must welcome such moves in the right direction to protest inalienable Fundamental Rights of pensioners.

v) RULE 56 of LIC Pension Rules is clear. "Matters relating to pension and other benefits in respect of which no express provision has been made in these rules shall be governed by the corresponding provisions contained in CCS (Pension) Rules 1972 or CCS (Commutation of pension) Rules 1991 of CG Employees.  After Board Resolution, LIC Chairman issued orders for 1/8/97 & 1/8/2002 pensioners. No note or approval sought. Enough powers are there for LIC Chairman.

vi) It has to be reiterated that UOI cannot raise any New points now at this stage. 

vii) Same SC Bench in other cases regularly coming before them thro PIL etc have passed scathing attack on Govt & Depts. They affirm they have sky high powers to chase injustice. Poor pensioners case is one such glaring absurdity ,wantonly imposed by domineering MOF/UOI & coolly acquiesced by LIC. To quote SC “THERE IS NO REASON WHY THE RELIEF CANNOT BE AND SHOULD NOT BE APPROPRIATELY MOULDED WHILE DISPOSING OF AN APPEAL ARISING BY GRANT OF Special Leave under Article 136 of the Constitution."

viii) 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.

14) The human rights enshrined have to be protected & strengthened by the SC,not weakened. SC is not a mere noun, it is an adjective too. Therein lies its Supreme importance & impartiality to protect the weak against arbitrary policies of Govt. & institutions.

15) I have extensively described & delineated all related & concurrent subject matters  in connection with UOI affidavit & SC SLP. A whole array of basic & fundamental principles & postulates has been covered citing salient, crucial, critical & sagacious arguments in an attempt to unfold the true picture of plight of pensioners hit with adversity for no fault of theirs to be atleast now remedied to relieve them of the brunt of low pension, citing Court verdicts & Judges powerful quotes which leave an indelible impression on all groups of pensioners to continue as a homogeneous group without dividing us in various classes within a class.

Pensioners are writing the STORY of their lives and should not the LAST CHAPTER of the BOOK OF LIFE be etched with grace, embellished with goodwill, lit up with LUSTRE, endowed with a SMILE , adorned with a MEANINGFUL LIFE, with an air of ACCOMPLISHMENT & a RELAXED, PLEASING LIFESTYLE with HARMONY & TRANQUILITY. 

16) Do you know what the word FAMILY means ?

FAMILY = (F) ATHER (A)ND (M)other (I) (L)OVE (Y)OU. For Us in LIC,

FAMILY = PENSIONERS + EMPLOYEES = WE LOVE ONE ANOTHER

LET US EMULATE BANKING INDUSTRY & EVOLVE SUCH A GRAND ARRANGEMENT, NOT TO WALK, NOT TO RUN. BUT TO GALLOP LIKE AN AUSTRALIAN KANGAROO & REACH OUR DESTINED, CHERISHED GOAL FAST, FASTER & FASTEST.

 (Concluded)