Saturday, November 30, 2013
In a suit
relating to a deceased Central Port Trust employee’s wife for compassionate
appointment where the State lost their suit in SB, DB and in SC and dragged the
case
for thirteen years leading to the petitioner filing CCP Justice Sasidaran while closing the contempt case observed that “the State should wage legal battles only in deserving cases. Government officials dragging subjects from pillar to post must realize that people are the masters and they are only government servants.
for thirteen years leading to the petitioner filing CCP Justice Sasidaran while closing the contempt case observed that “the State should wage legal battles only in deserving cases. Government officials dragging subjects from pillar to post must realize that people are the masters and they are only government servants.
The Government is by the people and for the people.
The SC order in this case
is a warning to those public authorities who litigate without examining whether
it is a fit case to spend public money on such litigations.” (Interestingly the
case prolonged for 13 years).
Coming 3rd
December let us wait for what Justice Chauhan has to say about our own case
pending for 13 years.
R.K.VISWANATHAN
Friday, November 29, 2013
Thursday, November 28, 2013
E-NEWS FOR YOU
We express our sincere gratitude, through LIC PENSIONERS' CHRONICLE to Sri A. Balasubramanya and many others for their valuable comments on our e-magazine
We request all LIC pensioners and readers of the chronicle to read our e-magazine which have been sent to all whose email addresses are available with us. Those who have not received the two issues, already published, please email us at eskayem@gmai.com or amarkumar1951@gmail.com.
Comments from readers, bouquets or brickbats, are very much welcome.
General Council of Federation of LIC Retired Class-I officers' Associations shall meet on 2nd December'13 at MUMBAI. It is prayed that the general council will give a clarion call for unity of all pensioners. Unity for implementation of Rajasthan High Court Judgement, increased cover (family floater) under mediclaim with cashless benefits, revision of DR at every quarter and the other logical aspirations of the pensioners are the essentials.
--
SUBIR KUMAR MAZUMDER
Wednesday, November 27, 2013
I have gone through the
contents of the December issue
of your e-magazine and I hasten to congratulate you on excellent job
you have done !
It has eminently covered diverse issues objectively, keeping the interests of
the LIC pensioner community uppermost in mind ! It is a very useful addition
to the wonderful service being rendered by LIC PENSIONERS CHRONICLE !
I also deeply appreciate your call exhorting all Organisations of pensioners to
come together in order to ensure that their consolidated strength will help solve
their pending issues expeditiously, without giving a handle to LIC to take
advantage of a divided house ! I do hope that the concerned quarters are
listening !
With best regards,
A. Balasubramanya
(letter to Sri Subir Kumarji,Kolkata)
Tuesday, November 26, 2013
RBK'S WRITING OF 25TH COMMUNICATED BY SRI TRM RAO
Our position as described by a sports correspondent in Indian express (24-11-2013) is as "when you begin a long walk through a tunnel you know there is light at the end of it. Now imagine if your eyes are covered and you are forced to walk until you see the light. Your destination is not guaranteed as you are caught in a corridor of uncertainty. HOPE IS THE ONLY HOPE. Miracles is something you have only heard in epics. Life suddenly is a long road filled with mystery and surprises on the way. " It looks as if the correspondent is speaking of LIC pensioners.
Let us wait with bated breath.
T SAMPATH IYENGAR, BANGALORE
Sunday, November 24, 2013
APPEASING AND ASSUAGING
Dear EditorYour uploading of the excerpts from Shri RB Kishore's article
today on the captioned subject is very apt and timely and it
serves a soothing effect on the much troubled minds of the
fragile pensioners who were reading in the Chronicle varied
opinions on the possible and probable outcome of the much
awaited day,the 29.11.2013.
Let us hope and pray for the best outcome on 29th.J.M. Aboobucker
Saturday, November 23, 2013
HON'ble Supreme court in their order dated 30.9.13 said
"There shall be no stay of the directions given by the
learned Single Judge vide Order dated 12.01.2010
passed in S.B.C.W.P. No 6676 of 1998 and connected
matter".
"There shall be no stay of the directions given by the
learned Single Judge vide Order dated 12.01.2010
passed in S.B.C.W.P. No 6676 of 1998 and connected
matter".
WHEN JAIPUR HC HON JUDGE R.C. CHAUHAN SENT NOTICE TO LIC AS CONTEMNORS,
THAT WAS FOR — WILFUL DISOBEDIENCE OF THE ORDERS OF THE HON SINGLE JUDGE
RAJASTHAN HC DT 12 JANURAY, 2010 — SO, IT MUST BE CLEAR THAT WHAT ALL
IS NOW BEING ASKED FOR FROM LIC IS REPLY TO THAT NOTICE SPECIFICALLY.
ONLY SPECIFIC REPLY TO THAT NOTICE AS IT WAS ALSO RAISED IN
SRI ASTHANAS CCP 760/2010 & IN THE APPLICATION FILED BY
SRI ASTHANA IN JAIPUR HC ON 15 OCT 2013 SPECIFICALLY POINTING
OUT TO INORDINATE DELAY & TO ENSURE FULL & CATEGOROCAL
COMPLIANCE OF THAT SJ HON BHANDARIS JUDGEMENT DT 12 /1/2010 ON
TWIN BENEFITS OF PENSION REVISION WITH EVERY WAGE REVISION
& FULL DR TO ALL PENSIONERS.
FURTHER,THERE IS NO QUESTION OF ANY REMITTANCE TO ANY COURT AS
NO STAY IS THERE ON CCP AS ALSO ON SJ HON JUDGE VERDICT. THIS IS TO
EFFECTIVELY OPERATIONALISE THAT JUDGEMENT.
LET US PRAY ALL GOES WELL THAT ENDS WELL.
(Excerpts of RB Kishore's circular issued immediately after 28/10 hearing in Rajasthan HC)
Friday, November 22, 2013
Thursday, November 21, 2013
ALL THE PENSIONERS ARE ANXIOUSLY, EAGERLY AWAITING FAVOURABLE OUTCOME OF COURT PROCEEDINGS.
- difference/loss in pension amount drawn/ suffered by pensioners
retired in the pay scales of 1986, 1993,1997 and 2002, compared to
those retired in the pay scales of 2007.
( #indicative - position based on basic pension at the maximum of pay scales of various categories - without commutation, without stagnation/additional increments etc. reckoned for pension. )
TABLE-1(1986 & 1993 RETIREES) * Do not have these details.
TABLE-1 (1997, 2002 & 2007 RETIREES) *Do not have these details. |
TABLE-2
Note: One can work out difference - approximate- his/her loss in pension (Aug.2013 pension) based on stage to stage fitment in the latest pay scales.
Please see below.
Shri 'X' retired at the starting pay of 1986/1993/1997/2002 scale of pay.
His present pension is Rs. 'Y'.
His present pension is Rs. 'Y'.
The starting/the minimum of AAO's scale is Rs.17240/- (divided by 2) = Rs.8620/-. DR : 84.90%.
His total pension for Aug.2013 : Rs.8620/- +Rs.7319/--D.R.= Rs.15939/-
Difference: Rs.15939/- minus Rs. 'Y' amount
minus commuted amount in respect of those who have not
completed 15 years post retirement period.
His total pension for Aug.2013 : Rs.8620/- +Rs.7319/--D.R.= Rs.15939/-
Difference: Rs.15939/- minus Rs. 'Y' amount
minus commuted amount in respect of those who have not
completed 15 years post retirement period.
E&OE
POST 4
1. MOU dt 14/1/1994 between LIC & Unions clearly & explicitly says ‘’SAME DR FOR PENSIONERS, AS SAME DA FOR EMPLOYEES’, whereas pre-8/1997 pensioners DR is halved.
2. LIC BOARD Resolution dt 24/11/2001 .the foundation & pillar for Pension upgradation with FULL DR, same as that for Employees.
b) LIC in its letter dt 31/12/2001 to then JS,MOF/UOI, ‘need to rationalize the DR structure available to different groups of pensioners in order to reduce the administrative inconvenience and also to see that different generations of pensioners are protected by merging the pension to a suitable index. — also on 12/8/2003, so successive pension revisions at CPIndex 600,1148, 1740, 2328,2994.
3. Nakara SC 5-JudgeConstitution Bench: don’t introduce arbitrary criteria, don’t divide homogeneous pensioners class.
“As such pension should be fixed, revised, modified & changed in ways ,not entirely dissimilar to the salaries granted to serving employees”
4. Basic pension unchanged ever since 1/11/1993.LIC pensioners still in pre-1995 IV Pay Commn mode, sad & depressing.
5. National Litigation Policy—Sr Citizens, pension, retirement cases - Govt/Instns not to be compulsive litigants.
6. Hon Sr Judge(Retd ) V.R. Krishna Iyer:arbitrarily alienated from the beneficial stream of pensioners, LIC pensioners are one integral group : 'what is discriminatory is arbitrary & what is arbitrary is unconstitutional’.
7. Even if outlay did not figure in LIC submissions, from any angle of : Surplus, Taxes to Govt, 5 year plan contribution,assets, Life Fund, Total Income, staggering, Economic Tajmahal indeed. Actually, employees/pensioners must be more than rewarded,even without asking. Govt RP is far higher than LIC RP & Govt FP itself is higher than LIC RP. VI PC also added value to pension by significant % at age 80.85,90, 95 & 100 years, not for LIC pensioners.
8. Outlay is not even the tail of wage agreement PLLI or tail of Meal coupon wef 1/9/2010 for employees, or tail of allowances other than usual DA, HRA, CCA. Discretion used for toning down approved formula diluted for employees& Board sanction obtained. BUT pensioners deserve such kindness & empathy more abundantly.
9. Ratio of pension payments to Total operating expenses & employees remuneration & welfare expenses very low 2.93% only.
Ratio to ONLY total operating expenses also low at 4.12% only.
Ratio to ONLY total operating expenses also low at 4.12% only.
How modest & realistic pensioners sincere demand for pension revision with wage revision & Full DR to pre-8/1997 pensioners becomes crystal clear
10. Recently, FM Sri P Chidambaram statement, ‘LIC is a jewel in our crown & we will continue to nurture LIC. LIC is not only a market leader, but also a market maker. The 3 letter LIC stand as a synonym for insurance, for excellence in strengthening the economic fibre of this country. I dare to say that no other 3 letters taken together are more recognised in the length & breadth of india’.
Grace & magnanimity is required to honour fully in letter & spirit, the Court judgements,one by one, all in Pensioners favour.
11. & 12. Pensioners for long yrs 35 & more years have done yeoman service, built Foundation, erected fine Superstructure, ably galvanised with Reorganisation in the 80s, made the INSTN bear intense COMPETITION with CONFIDENCE & COURAGE, such a Paltry pension, not befitting on the institution for no fault of pensioners. EVEN with all these facts, figures, reason & logic, it is disturbing that Pensioners should be treated so bad. More than 13,000 died, Family Pensioners jumped to 38 % of Regular pensioners. NONE to wipe the tears of the widow.
Lack of money power, lung power, muscle power, political power, must be compensated & addressed only by High Courts & Supreme Court.Court victories have been galore, paltry pension we send donations as Legal costs are prohibitive.
13. SJ Hon Justice Bhandari’s judgement dt 12/1/2010 was allowing both the writs 6696/1998 pertaining to Full DR & 654/2007exclusively on pension upgradation. ‘On the basis of date of retirement, there cannot be any discrimination between the Pensioners inter se.’ Hon Judge’s observations in his order mentioned.
14. Dismissing the appeal of LIC 493/2010 on 21/1/2011, the HC Division Bench of Jaipur observations given.
15. Then again LIC went in for Writ Review 86 & 87/2011 which was also dismissed on 19/8/2011 by DB JAIPUR HC.
16. Then FM Sri Pranab Mukerjee during his talks with Insurance & Inservice & Pensioners Fedns observed on 5 Nov 2011: as LIC is 100% owned by Govt. of India, all benefit available to Govt. employees on pension front be extended to LIC pensioners too.
17. SC Bench on 17/10/2012 issued a clarificatory order re. the amount due to the pensioners ie writ petitioners wef the date of their eligibility to get retiral benefits. Difference in Pension & DR is what is referred to & that from the date of retirement.
18. i) The Punjab & Haryana High Court, Chandigarh decided the writ Petition vide its judgment dated 9th November, 2012 wholly in terms of the judgment passed in the cases of Krishna Murari Lal Asthana by Rajasthan High Court and has granted interest on arrears also.
ii) The Hon’ble Delhi High Court has made the judgment dt 30 January,2013, also based on Jaipur HC verdict, to be applicable “in rem” & therefore, all the retired employees of LIC wherever they may be stationed are entitled to get the benefit of the aforesaid judgment
19. i)SC Bench dismissed LIC SLPs 29956 & 29957/2011 on 8th August,2013
ii)The Proceedings dt 30 Sep,2013 SC Bench observed:
‘’There shall be no stay of the directions given by the learned Single Judge vide Order dated 12.01.2010 passed in S.B.C.W.P. No 6676 of 1998 and connected matter’’
Connected matter refers to 654/2007 on pension upgradation & Chandigarh HC & Delhi HC judgements as above
iii) Hon Judge SriChauhan,Jaipur HC has given time upto 29November,2013 to LIC to give compliance for Hon SJ Bhandaris judgment dt 12/1/2010 covering twin benefits.
20. LIC has to make compliance by revising the pensions from the date of retirement and make payment of the revised pensions with arrears along with interest as has been awarded by Punjab and Haryana High Court and to all the Pensioners as has been directed by Delhi High Court.
21,22 & 23. True transparent Corporate governance to prevail. LIC Board Members must be the harbingers of neutral, unbiased decision.
Please extend a helping hand. Bless us & allow us to be blissful, in the twilight years of our lives.
The benefits flowing out of the same must be dutifully, magnanimously & honourably be allowed to flow by graceful acceptance & implementation of Hon SJ Bhandaris judgement which will bring everlasting goodwill & reputation to this great, gigantic institution LIC & also resolving a long-pending issue in favour of pensioners amicably.
LIC Board Resolution of 24/11/2001, borne out of Dr Ram Khanna’s salutary intervention.
So too logical conclusion & happy consummation now by present Distinguished Board – our sincere Appeal & prayers.
('RB KISHORE WRITES TO LIC BOARD MEMBERS' (4 Posts) concluded.)
( COMPILED by R.B. KISHORE, ED (Retd), LIC & VP, AIRIEF. )
Wednesday, November 20, 2013
29TH NOVEMBER
- "Delay condoned. Leave granted. There shall be no stay of the directions given by the learned single judge vide order dated 12-1-2010 passed in SB CWP NO 6676 of 1998 and connected matters " Thus spoke the SC order.
- Some opined that LIC in their reply would take shelter under the gracious appeal allowed to them to be heard before the CCP is put into operation.
- Currently there are 3 crore cases pending in India and 1.8 crore cases are filed every year. With so much work for the courts efficient and quick justice delivery suffers although speedy justice is the fundamental right under Article 21 of the Constitution.The courts saddled with heavy backlog it will take minimum 5 years for the civil appeal to get listed as once Shri Asthana has said.
- Lifting the stay in the SC order becomes incongruous should LIC ask for the civil appeal to be heard before the CCP becomes operational.Taking the overall view of what has happened so far the out come on 29 November should be encouraging to us.
R.K.Viswanathan
POST 3
(Continued from Post 2)
14. While dismissing the appeal of LIC 493/2010 on 21/1/2011, the HC Division Bench of Jaipur observed as follows: ‘The Board of LIC, who is the appellant before us against the judgment of the learned Single Judge, had itself taken a decision to remove the disparities and the discrimination with regard to the payment of Dearness Allowance and pension to the retired employees under its Resolution of the Board dt. 24.11.2001. It could not and should not have filed the present appeal against the judgment of the learned Single Judge as the learned Single Judge has provided an umbrella to the appellant for the implementation of the decision of the Board dt. 24.11.2001 on the categorical statement made by the learned counsel appearing on behalf of the Union of India and not assailed in appeal by the Union of India.”
15. Then again LIC went in for Writ Review 86 & 87/2011 which was also dismissed on 19/8/2011 by DB JAIPUR HC.
16. Then Hon Finance Minister Sri Pranab Mukerjee, on 5th Nov,2011, after going through our Memorandum of United Forum of Insurance In service & Pensioners Fedns and listening to our submission, seems to be convinced on Oscar Fernandez, MP & GS, AICWC suggestion & observed that as LIC is 100% owned by Govt. of India, all benefit available to Govt. employees on pension front be extended to LIC pensioners too.
17. SC Bench on 17/10/2012 issued a clarificatory order re. the amount due to the pensioners ie writ petitioners wef the date of their eligibility to get retiral benefits. Further CCP 760/2010 is in relation to WP 654/2007 on pension upgradation only in Jaipur HC. SJ Hon Bhandaris judgement has to be honoured in letter & spirit. Difference in Pension & DR is what is referred to & that from the date of retirement.
18. i) The Punjab & Haryana High Court decided the writ Petition vide its judgment dated 9th November, 2012 wholly in terms of the judgment passed in the cases of Krishna Murari Lal Asthana by Rajasthan High Court and has granted interest on arrears also. Life Insurance Corporation of India had filed S.L.P. against this judgment of Punjab & Haryana High Court dated 9th November, 2012. The said S.L.Ps also came up for hearing and therein also the Hon’ble Supreme Court has specifically rejected grant of stay vide order dated 8th August, 2013.
ii) That not only a writ petition was also filed in Delhi High Court which was decided vide its judgment dated 30th January, 2013 by the Hon’ble Delhi High Court and the same relief was allowed in this writ petition based on the judgments of the Rajasthan High Court
That the Hon’ble Delhi High Court has made the judgment to be applicable “in rem” therefore, all the retired employees of Life Insurance Corporation of India wherever they may be stationed are entitled to get the benefit of the aforesaid judgment irrespective of whether they were parties in person before this Hon’ble Court or before the Punjab and Haryana High Court or before the Delhi High Court for that matter.
19. i)The Hon’ble Supreme Court has vide its judgment dated 8th August, 2013 dismissed LIC’s two Special Leave Petition Nos. 29956 and 29957 of 2011
ii) The Proceedings dt 30 Sep,2013 SC Bench observed:
‘’There shall be no stay of the directions given by the learned Single Judge vide Order dated 12.01.2010 passed in S.B.C.W.P. No 6676 of 1998 and connected matter’’
Connected matter refers to 654/2007 on pension upgradation & Chandigarh HC & Delhi HC judgements as above
iii)Hon Judge SriChauhan,Jaipur HC has given time upto 29November,2013 to LIC to give compliance for Hon SJ Bhandaris judgment dt 12/1/2010 covering twin benefits.
20. With the rejection of interim relief (stay) in all the three S.L.Ps by the Hon’ble Supreme Court, as submitted above, LIC is left with no alternative but to make compliance by revising the pensions from the date of retirement and make payment of the revised pensions with arrears along with interest as has been awarded by Punjab and Haryana High Court and to all the Pensioners as has been directed by Delhi High Court. No amendment in the Pension Rules is required because there is no provision in the LICPension Rules 1995 that pension will never be revised
21. From the point of view of Transparent Corporate Governance being emphasized by Govt & Regulatory Bodies, Board Members, as Opinion Leaders in their own right, with an etched public record multi-dimensional in nature, have an all-important critical role to play to subscribe, analyse the basis of decision, clarify their views, submit their final recommendation & correct an erroneous decision. They should be the harbingers of a neutral unbiased decision, shorn of any imposition of externalities, especially the powers that be & which must become a permanent feature.
22. Please extend a helping hand. We pensioners count on your grace & magnanimity. The hands that work are holier than the lips that pray.
Sir, we all put in devoted & dedicated work to weave & create such a world marvel.
We were 24 hours servant & we turned to be 24-carat employees & executives. Bless us & allow us to be blissful, in the twilight years of our lives.
23. Social justice & empowerment to Seniors demand lot of suave, empathetic decisions in their favour. As an institution of national pride, par excellence in performance & earning encomiums from PM, FM & all quarters, it will be in the fitness of things ,that this Jaipur judgement dt 12/1/2010 is honoured in letter & spirit. The benefits flowing out of the same must be dutifully, magnanimously & honourably be allowed to flow by graceful acceptance & implementation of Hon SJ Bhandaris judgement which will bring everlasting goodwill & reputation to this great, gigantic institution, & also resolving a long-pending issue in favour of pensioners amicably.
Then & then only, like the LIC Board Resolution of 24/11/2001, borne out of Dr Ram Khanna’s salutary intervention, this Distinguished Board too would have rendered great value & justice by bringing it to its logical conclusion ,to the deserving, old, older, oldest pensioners awaiting a favourable decision, without negating the tone & tenor of the verdict, that too after 12 years of restlessness & frustration, more so when thousands of pensioners have died.
We pensioners from all over the country can then regard you as the Saviours & Protectors of the welfare & progress of pensioners & shall cherish this salutary act of yours for ever in our lives.
Yours sincerely,
R.B.KISHORE, ED (Retd), LIC
VP, All India Retired Insurance Employees’ Federation(AIRIEF)
044-2815 5810: 098403 40591
( To be continued. POST 4: SUMMARY OF PENSIONERS PROBLEMS, COURT CASES AND SIGNIFICANCE)
Tuesday, November 19, 2013
(Come November 29!
Rejoice not, pensioners,
this time restrain yourselves. You must get the last
confirming word. There is many a slip between the
cup and the lip. So let us be careful ! -Ed.)
- THIRSTY PENSIONERS ALL OVER THE COUNTRY IRRESPECTIVE OF THEIR AFFILIATION TO ANY UNION KNOW NO PLEASURE OR SILVER LINING OR SO CALLED VICTORY OF POSITIVE MOMENTS AS THEY KNOW ONLY REVISION OF PENSION AND ARREARS IN HAND WHICH THEY ARE EXPECTING SINCE 2010 AFTER RAJASTHAN HC VICTORY IN THE FACE OF THEIR STRUGGLE WITH PALTRY PENSION FOR NON-REVISION AGAINST SOARING PRICES.
- EXPECTING SOMETHING POSITIVE TO HAPPEN SINCE 2010, MANY LEFT US WITH DREAMS UNFULFILLED AND MANY ARE GOING TO LEAVE IN NEAR FUTURE. OLD SURVIVING PENSIONERS ARE HARD-PRESSED IN THE PRESENT SOARING MARKET AND OFTEN BEING RIDICULED BY THEIR FAMILY MEMBERS ON THIS PENSION REVISION ISSUE. DISCUSSION OF PENSION REVISION IN THE FAMILY NOW A DAYS MAKES THEM LAUGHING STOCK TO THEIR NEAR AND DEAR ONES
- EVERYBODY, THEREFORE, SHOULD REALISE THE GRAVITY OF THE SENSITIVE SITUATION FROM AN ASPIRING PENSIONER’S ANGLE, TAKE LESSON FROM THE PAST EMOTIONAL REJOICES AND RESTRAIN IN FUTURE IN COMMENTING WITHOUT VALID REASONS FROM THE OUTCOME OF COURT TO REDUCE PAINS OF THE PENSIONERS.
- WE SHOULD ALWAYS BEAR IN MIND THAT GOD HAS NOT GIVEN EVERYBODY EQUAL POWER TO WITHSTAND LOSS OF HOPES.
.....BASUDEB DAS.....
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