FEDERATION OF RETD LIC CLASS I OFFICERS ASSOCIATIONS
President: SK Kapahi Gen Secy’s Office: 7/4 II Cross St
Gen Secy: GN Sridharan Karpagam Gardens,Chennai-6000230th Oct 2013 :
Camp New DelhI
TO All Units/Members
Delhi order
- By its modified order dated 17/10/2013 in SLP No. 17726/2013, Supreme Court has specifically directed that there shall be ‘NO STAY’ of the Division Bench order of Delhi HC passed in WP 184/2007. In view of this, our advocate has sent a notice today to LIC demanding implementation of the said order in regard to DR Anomaly issue affecting pre 1/8/1997 retirees.
- The question on what further steps should be taken (as we cannot expect any immediate response on their own) was discussed with our advocate and senior counsel. During the discussion, alternative measures open to us like approaching the SC again were also considered. We have clearly put forth to our counsel that contempt action which will only give a handle to LIC/Govt to delay compliance should be avoided. We have decided to wait for LIC’s response if any and decide on our appropriate action as expeditiously as possible, latest by the time we meet at the GC Meeting on 2nd December 2013.
A noteworthy meeting
- In keeping with our declared policy of not solely relying on court cases, I had sought and obtained an appointment with Shri R.K. Takru, Secretary (Financial Services), Ministry of Finance who is the top-most officer of the Banking and Insurance and is also a key member on LIC Board. I accordingly met him, along with Shri Amirtlal (our VP at Delhi) on 29/10/2013 (yesterday).
- We raised the two major issues of (1) DR Anomaly on account of denial of 100% neutralisation to a section of pensioners and (2) upgradation of pension, the Secretary (FS) who gave me a patient hearing.
- In regard to the first one, we highlighted the following: Three High Courts have held that it is discriminatory to adopt different basis of DR for pensioners and the Supreme Court has ordered that there shall be ‘NO STAY’ on these. We therefore pleaded that the Delhi HC order should be implemented as prayed for by our Federation in WP 184/2007 for the following reasons among others:- (a) The Delhi HC order relates to the DR issue only without mixing up other issues, (b) the beneficiaries (Pre-1997 retirees) are all in advanced age range of 75-85, and their grievance merits to be addressed by the Govt with its commitment to senior citizens, (c) the order is specifically made to operate ‘in rem’ and (d) as the Sec 48 of LIC Act is not stayed or struck down by any court so far, notification of 100% neutralisation immediately is not a predicament.
- We referred to the Govt action in filing appeals, the Secretary frankly expressed that when some orders adverse to the Govt are passed by judiciary, the policy is to take up the matter with the higher court but he made it clear that if there is real merit in any point, the matter will be considered.
- As regards the second issue of upgradaion, we pointed out that a large section of LIC pensioners eagerly expect revision in n terms of the Judgement of Rajasthathan HC in WP 6676/1998 & 654/2007. As the matter is lying as Civil Appeals in SC and it is not known when a finality will come about, while it is undeniable fact that our pensions have remained static for over two decades, our Federation has taken a practical stand that there should be an immediate grant of ad hoc payment till the scheme of revision is based on court verdicts or otherwise. We stressed the need for ending the prevailing disparities of ghastly order.
- The Secretary (FS) was frank in his expressions. I could visualise a helpful approach on his part unlike a few earlier meetings. He passed instructions in our presence to his Department to refer the matter to the Chairman immediately and get back to him.
- We hope LIC would respond favourably. We shall follow up the matter with the management level, and intimate progress to the members promptly.
With Greetings to ALL for a HAPPY DIWALI,
(GN Sridharan)
GEN SECRETARY