* CHRONICLE - PENSIONERS CONVERGE HERE, DISCUSS ISSUES OF THEIR CHOICE * CHRONICLE - WHERE EVEN THE CHAT COLUMN PRODUCES GREAT DISCUSSIONS * CHRONICLE - WHERE THE MUSIC IS RISING IN CRESCENDO !

               
                                   

Friday, November 01, 2013

AN ACCOUNT OF 28/10 JAIPUR PROCEEDINGS


__________________rb kishore________________

1) MYSELF & SRI TR MADHAVARAO WERE AT UDAIPUR FOR THE  AIRIEF  OFFICE BEARERS MEETING ON 26TH OCT & EC MEETING ON 27 OCTOBER. WE JUST RETURNED THIS LATE EVENING. 

2) HERE IS A LUCID ACCOUNT OF 28TH OCTOBER 2013 PROCEEDINGS IN JAIPUR HC BY OUR GS,AIRIEF 

3) 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’’.

i) Sri ASTHANA IN HIS 45 MTS SPEECH DESCRIBED & DELINEATED THE ENTIRE LEGAL BATTLE IN LUCID & LEGAL TERMS SPECIFICALLY POINTING OUT REALITY & HOW SC AS ALSO RAJASTHAN HC HAVE SPELT MANY CRUCIAL MATTERS ABOUT PENSION UPGRADATION & SAME DR FOR EMPLOYEES & PENSIONERS IN CLEAR & UNMISTAKABLE TERMS.HE ALSO ANSWERED MANY QUERIES & CLARIFIED THE ISSUES RAISED.
ii) CONNECTED MATTERS MEANS---654/2007 ON PENSION UPGRADATION EXCLUSIVELY & ALSO HARYANA & CHANDIGARH HC ON UPHOLDING JAIPUR HC & ORDERING PAYMENT OF 12 % INTEREST & DELHI HC ALSO BASING IN JAIPUR SJ HON BHANDARIS JUDGEMENT & CONFIRMING APPLYING SAME IN REM IE TO ALL PENSIONERS & NOT ONLY PETITIONERS

LIC IS DRIVEN TO A CORNER & NOT ABLE TO EXTRICATE FROM THE INEVITABLE HAPPENING OF UPHOLDING TRUTH & EQUITY & JUSTICE WITHOUT ANY IOTA OF DISCRIMINATION.

iii) WHEN JAIPUR HC HON JUDGE R.C.CHAUHAN SENT NOTICE TO LIC TOP DIGNITARIES 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 & UNNECESSARILY WE RAISE WHETHER IT IS REPLY OR AFFIDAVIT FROM LIC OR FOR COMPLIANCE,ABOVE NOTICE MAKES IT ABUNDANTLY CLEAR THAT HON JUDGE WANTS 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.IN FACT ,THIS IS ONLY A SURE FOLLOWUP BY HON JUDGE TO ENSURE COMPLIANCE WITH SC VERDICT DT 30 SEP 2013 ABOUT –NO STAY ON SJ HON JUDGE ORDERS IN 6676/1998  DT 12/1/2010 & CONNECTED MATTERS,CLARIFIED ABOVE

iv) 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

TO REMIND READERS & ALL PENSIONERS FOR A CLEARER  PICTURE,HERE IS WHAT Jaipur Single judge Hon Bhandari in his order dt 12/1/2010  observed:-
PLEASE CLICK BELOW

4)TO REMIND READERS & ALL PENSIONERS FOR A CLEARER  PICTURE,HERE IS WHAT Jaipur Single judge Hon Bhandari in his order dt 12/1/2010  observed :
 
“Learned counsel for petitioners has further submitted that there exists anomaly even in regard to the revision of the pay scale. The benefit of revision in the pay scale from time to time was not extended to the pensioners. In view of aforesaid, even an officer retiring in the higher pay scale started getting less pension than to the employee retiring subsequently in lower pay scale. Aforesaid aspect was also considered along with the first issue, by the Board in its meeting held on 24.11.2001
Hon’ble Rajasthan High Court has held that, on the basis of date of retirement, there cannot be any discrimination between the Pensioners interse.  All pensioners are entitled to revision of pensions as and when pay scales are revised. The decision of the Board taken in its meeting dated 24/11/2001 but not implemented on account of misnomer of approval of the Central Government has been directed to be implemented with the above modifications.
 
5)Further, it is to be borne in mind that LIC itself ,in its SECRET letter dt 31/12/2001 to then Joint Secretary,MOF,Sri Ajit Sharan,  secured under RTI & 11/8/2003to MOF/UOI state clearly “there is an urgent need to rationalize the DR structure available to different groups of pensioners in order to reduce the administrative inconvenience & also to see that different  generations of pensioners are protected by merging the pension to a suitable index.   This clinches the issue of successive pension revisions with every wage revision.It has a vital bearing on continued pension upgradation. It stretches & goes beyond Board Resolution to capture full & continuous pension revision at CPI 600,1148,1740,2328,2994
This is the import & substance of Hon SJ Bhandaris judgement dt 12 /1/2010
 
6)It is in this context one feels bad if some Fedn goes to meet Finance Secretary & another writes to LIC Management to pay DR ONLY to pre-8/1997 retirees.If it is for securing twin benefits that UPI/MOF was approached, that augurs well   Is this not bad tactics at this crucial stage when slowly & steadily we have been able to make mountain move forward to achieve our cherished goal of fulfilling the UMBRELLA Judgement of SJ Hon Bhandari on pension uparadation with Full DR to all pensioners
 
7)I am told by Sri Asthana that Rajasthan HC order is simple& straightforward about time given to Respondents upto 29 Nov 2013.Let us watch the developments with an open heart,WITHOUT INJURING ANYBODYS SENTIMENTS & NOT PUT SPOKES IN THE COURSE OF THE LONG & TORTUOUS LEGAL BATTLE