(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)