ALL INDIA RETIRED INSURANCE EMPLOYEES FEDERATION
TRICITY
(Chandigarh Mohali Panchkula)
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MEMORANDUM TO THE CHAIRMAN LIC OF INDIA THROUGH SR. DIVISONAL MANAGER, CHANDIGARH.
It is matter of great pain and distress that LIC management is not honoring the Hon’ble Supreme court/ Hon’ble High Courts of Rajasthan, Jaipur, Punjab & Haryana, Chandigarh & Delhi orders to implement Rajasthan High Court orders passed by the learned single Judge vide order dated 12.01.2010, in S.B.CWP No.6676 of 1998 and S.B.CWP No. 654 of 2007, vide which the Hon’ble Judge allowed both the Writs and LIC has been directed to implement LIC’s own Board Resolution No. 492 passed on 24.11.2001 - which provide relief to all the retired employees of LIC (ie. Pensioners) on two long pending demands viz:
(1) Updation of pension consequent upon revision of pay scales of in-service employees from time to time ie. 1997,2002, 2007 and subsequent revisions as and when take place.
(2) To remove glaring anomaly with regard to payment of DA to pensioners who retired on or before 1.8.1997 as they are getting 50% neutralization whereas who retired after this date get 100%.
It is unfortunate that instead of implementing its own Board Resolution, LIC is dilly dallying the matter. As you are aware, after exhausting all our channels for implementation of Board Resolution, Writs was filed in Jaipur High Court and the learned Judged upheld the same vide Historic Judgment dated 12.1.2010. LIC’s appeal in Division Bench and Review Petition were dismissed. Hon’ble High Courts of Pb & Haryana Chandigarh and HC of Delhi have also allowed similar writs on the lines of Jaipur Judgment, with further orders by Punjab & Haryana allowing 12% interest for late payment, and Delhi HC allowing implementation in rem. LIC filed SLPs in the Supreme Court which too were dismissed. Though the revised SLPs filed by LIC were converted into Civil Writs, yet the Hon’ble Supreme Court passed the following orders on 19.8.13, 30.9.13 & 8.10.2013 while disposing off SLPs filed by LIC against the orders of three High Courts:
“There shall be no stay of the directions given by the learned single Judge vide order dated 12.01.2010 passed in S.B.CWP No.6676 of 1998 and connected matter.”( connected matter means CWP No.654 of 2007 regarding upgradation of pension).
It would be pertinent to mention that Central and State Govts revise the pension as and when pay scales of their employees is revised on the recommendations of successive Pay Commission Reports. On the same principle, LIC Board passed a resolution in 2001 and we expect the present Management respect its own Board Resolution and above this honour the Supreme Court / High Courts clear cut orders to avoid any contempt of court, and desist from dragging the super seniors in unnecessary further litigation, which will be against the Central Govt’s own Litigation Policy.
Out of about 45,000 pensioners about 13,000 have died. Those who are surviving are in the age group of 70-80 and above. With high cost of living and ever increasing medical bills, they are being deprived of the justice for the last over 15 years. We are proud of our contribution of laying very sound foundations of the mighty Institution, but are dismayed by the callous and unhelpful attitude of the management in paying the over due retiral benefits of updation of pension & removal of DA anomaly to the retired employees.
Through this memorandum we earnestly appeal to you to honour court orders and uphold the sanctity of its own Board’s Resolution which was passed after due deliberations and taking into account the financial outlay involved.
December 5, 2013
(1) Updation of pension consequent upon revision of pay scales of in-service employees from time to time ie. 1997,2002, 2007 and subsequent revisions as and when take place.
(2) To remove glaring anomaly with regard to payment of DA to pensioners who retired on or before 1.8.1997 as they are getting 50% neutralization whereas who retired after this date get 100%.
It is unfortunate that instead of implementing its own Board Resolution, LIC is dilly dallying the matter. As you are aware, after exhausting all our channels for implementation of Board Resolution, Writs was filed in Jaipur High Court and the learned Judged upheld the same vide Historic Judgment dated 12.1.2010. LIC’s appeal in Division Bench and Review Petition were dismissed. Hon’ble High Courts of Pb & Haryana Chandigarh and HC of Delhi have also allowed similar writs on the lines of Jaipur Judgment, with further orders by Punjab & Haryana allowing 12% interest for late payment, and Delhi HC allowing implementation in rem. LIC filed SLPs in the Supreme Court which too were dismissed. Though the revised SLPs filed by LIC were converted into Civil Writs, yet the Hon’ble Supreme Court passed the following orders on 19.8.13, 30.9.13 & 8.10.2013 while disposing off SLPs filed by LIC against the orders of three High Courts:
“There shall be no stay of the directions given by the learned single Judge vide order dated 12.01.2010 passed in S.B.CWP No.6676 of 1998 and connected matter.”( connected matter means CWP No.654 of 2007 regarding upgradation of pension).
It would be pertinent to mention that Central and State Govts revise the pension as and when pay scales of their employees is revised on the recommendations of successive Pay Commission Reports. On the same principle, LIC Board passed a resolution in 2001 and we expect the present Management respect its own Board Resolution and above this honour the Supreme Court / High Courts clear cut orders to avoid any contempt of court, and desist from dragging the super seniors in unnecessary further litigation, which will be against the Central Govt’s own Litigation Policy.
Out of about 45,000 pensioners about 13,000 have died. Those who are surviving are in the age group of 70-80 and above. With high cost of living and ever increasing medical bills, they are being deprived of the justice for the last over 15 years. We are proud of our contribution of laying very sound foundations of the mighty Institution, but are dismayed by the callous and unhelpful attitude of the management in paying the over due retiral benefits of updation of pension & removal of DA anomaly to the retired employees.
Through this memorandum we earnestly appeal to you to honour court orders and uphold the sanctity of its own Board’s Resolution which was passed after due deliberations and taking into account the financial outlay involved.
December 5, 2013
for ALL INDIA RETIRED INSURANCE EMPLOYEES FEDERATION
Chandigarh. Joint Secretary (North)