EFFORTS AT UNITY OF PENSIONERS

Dear Sri Gangadharan,

I am one of the thousands of pensioners who regularly visit the Chronicle and thank you for bringing out a platform for the pensioners. I am a pre 97 retiree of SDM scale from SC Zone and I very much appreciate the diagnostic approach and practical angle of efforts being made by Messrs Srinivasa Murthy and Mahadevan to bring about unity in the ranks of pensioners. I only pray the leaders to chalk out a strategy and come to a common platform, forgetting ego barriers. This only will help the aging 

pensioner community.

Lakshmi Narayana

SC Zone

According to BR Mehta of Panchkula 

• "LIC advocate told the Chandigarh verdict is based on the Jaipur H.C.verdict and a similar contempt has already been dismissed there with liberty to seek clarification. So we assure that whatever clarification will be issued by Jaipur High Court on the issue same will be implemented by LIC here also."  

Based on this assurance the contempt petition was adjourned to 7-7-2014. In all probability LIC will take the same position on 4-4-2014 before S.C. in respect of Delhi verdict.

The crucial question is  whether any clarification is sought regarding Justice Bhandari's order? Will someone please throw light?

T SAMPATH IYENGAR, BANGALORE

" I fully agree with the views of Shri Murthy," writes Shri BS Gopala Krishna.

Dear Shri Gangadharan,

I have gone through the analysis of the present situation by Shri M.Srinivasa Murthy. I fully agree with the views of Shri Murthy. I only wish that none of the leaders of any Association should work at Cross Roads. They should have the overall interest of the entire Pensioners Community in LIC and not merely the pre 1997 pensioners. I hope my other reader friends agree with me. 

With best wishes to all the Pensioners for a HAPPY & PROSPEROUS UGADI.

Yours sincerely,

(B.S.Gopala Krishna)

a lone voice in the wilderness?

Dear LIC Pensioners

Along with my comments posted in the Chronicle on 28 March 2014 I offered to propose an action plan for the consideration of ALL LIC pensioners. Through this platform I also appeal to ALL leaders of ALL pensioner Associations (whether in the thick of litigation or outside) to consider this appeal dispassionately. It is indisputable that each Association representing the pensioners is working to protect its members‘ interests – in its own way. Intentions are good. As far as strategies are concerned, Associations are working at cross purposes just for one-upmanship. It should stop. Pensioners can ensure it by coming together. Leaders are bound to honour the mandate.

Before I go in to the details of my simple action plan, here is a quick review, as I see it, of the latest scenario on the litigation front:

• It is known to all by now, that the Interlocutory Application filed in Supreme Court by the Writ Petitioners in Delhi HC, (their pleas – A) implement Board Resolution - B) pay/deposit money as was done in Jaipur HC, but to the pre 1997 retirees only, etc.) is coming up for hearing on April 4. 

• This Application is wholly misconceived and appears to be a desperate attempt to extract some ‘favourable’ Order from Supreme Court even by confusing the Bench (such attempts do not succeed and may even boomerang. 

• I am ready to prove my point if anybody is interested, by quoting from the IA, line by line or paragraph by paragraph. The IA smacks of an invisible nexus between LIC and some leadership of the Petitioner Association. 

• Let nobody mistake that any section of the pensioner community as a whole, is against the pre 97 retirees. They should get ALL that they are entitled to, but NOT a small part of what a correct interpretation of the Board Resolution makes them eligible for. By canvassing a wrong and narrow interpretation of the Board Resolution, as done in the latest IA coming up for hearing before the SC, if the Petitioner Association chooses to fall in LIC’s trap, it will be doing permanent damage to the pre 97 retirees, to be followed by exposing the rest of the pensioners to continued denial, delay and the vagaries of judicial process. Will leave it there for now.

• As can be easily expected, the Writ Petitioners in Rajasthan HC have filed before the SC an ‘Intervention Application’ opposing the IA of the Delhi Petitioners. If they diligently do their back office follow up, both the IAs will be heard together on 4th April. If not by ‘mentioning’ before the Bench about the Intervention Application they will have the matter adjourned, easily. If taken up, which is more likely, in about just five to ten minutes of arguments, SC may push the Pensioners fate back to status quo ante, by dismissing the first IA asking the Petitioners to knock at Delhi HC doors instead of ‘ours’. As a consequence, there will be no intervention as there is no IA itself to intervene. This outcome on April 4 is a distinct possibility if the first reaction (God forbid) of the Bench is that the two IAs before it for disposal are nothing more than an infighting between two rival Associations, opposing each other. It is evident after all.

• The SC hearing on April 4 is a double edged weapon. In the best scenario, if the petitioners engage competent Sr counsel and brief them properly, this is a wonderful opportunity to plead with the Bench and secure a direction to LIC that in view of the ‘THERE SHALL BE NO STAY’ Orders dated 30 Sept ’13 and subsequent dates on each of the HC judgements, LIC is bound to implement the respective judgements and that the pendency of the Civil Appeals has no bearing on LIC’s legal obligations.

It’s time for ALL the leaders to introspect and chalk out proper strategy.

Beware of the lurking danger of LIC taking advantage of the in-fighting and manage to secure some Order of comfort from SC and to defer any other compliance till the Civil Appeals come up for hearing years later. Look at the Chandigarh developments. LIC has nothing to worry till July 7. Let that history not repeat on April 4.

My proposed action plan will be more relevant to share after April 4.

Will revert for sure, thanks to the Chronicle.

Sreenivasa Murty, Mulukutla 

Formerly RM (Legal) & 

Law Officer Hyderabad 

+919177737356 

To read Shri Murty's earlier article, please click below.

" Compare family pension in LIC with family pension in GOI /RBI ...

 It is too bad, so sad in LIC "

Kindly compare the family pension details given by Shri C.H. Mahadevan in respect of family pensioners of LIC with few details of family pensioners of GOI and RBI enumerated below.

(A) Consequent to the recommendations made by the 5th Central Pay Commission, the rates of family pension have been increased 30% of the last pay drawn for all.Family pensioners of GOI get 30 % of the last pay drawn from 01-01-1996.

The unmarried/divorced daughters are eligible for family pension without any age limit. Conditions for payment of family pension at enhanced rates have also been liberalized so that it is payable for a period of 7 years.

(B) Consequent to the recommendations made by the 6th Central Pay Commission, the GOI has increased the quantum of pension to very old pensioners (80, 85, 90, 95, and 100 year old) as also the family pension payable to similarly old  family pensioners from 01-01-2006.

Additional quantum of  pension / family pension is as under :

 80  years -    20% of basic pension / family pension 

 85  years -    30% of basic pension / family pension 

 90  years -    40% of basic pension / family pension 

 95  years -    50% of basic pension / family pension 

100 years -  100% of basic pension / family pension

(C) The pensioners and family pensioners of GOI get 100% neutralisation in DA/DR on full basic pension/ family pension including on the additional quantum of pension / family pension.

The dearness relief payable to the Family Pensioners (and Pensioners) has been increased from 90 % to !00% from 01-01-2014. There in no tapering of DA/DR( dearness allowance or relief) in GOI and RBI as is the case with pre 1997 LIC and  pre 2002 Bank pensioners.

GOI employees, pensioners and family pensioners are shortly to get the bonanza of merger of DA/DR with basic pension.

(D) Family pensioners of RBI get 30 % of the last pay drawn (refixed /revised /enhanced to           01-11-2007 revision at 2836 point-in short) from 12-01-2012 (See correction note below). The very old pensioners and family pensioners (80....100 year old) do not get additional quantum of pension/family pension.

The position of family pensioners in banks is no better.

May the Unions/Associations of  both Retired and Serving Employees of LIC and Banks kindly do their best and at the earliest to their family pensioners, some of them living in difficult financial conditions.

SN, a 1992 pensioner,

29-03-2014.

Correction: In Para. (D) of the write up Family pension" Too Bad, So Sad in LIC",  the date from which family pensioners of RBI started getting 30 % (the last pay...)is wrongly mentioned as from 12-01-2012; actually the correct date is 12-01-2013.

LIMIT OF MAXIMUM AGE FOR GR MEDICLAIM SCHEME - CLARIFICATION

wish serving employees had gone on token strike for the sake
of retired seniors....

Request to Serving Employees of LIC, General Insurance and Banks 

...May Go on Token Strike for the cause of Their Seniors Retired long way back... 

"The AIIEA has included in their Charter of Demands submitted to LIC of India that the employees who retire from 01-08-2012 should get revision of pension along with next wage revision " LSR Krishna Rao wrote on 24-03-2014 in LIC Pensioners Chronicle.

HOW MANY MORE YEARS, the pensioners LIC who retired prior to 01-08-1997 and the pensioners of Banks who retired prior to 01-11-2002 would have to put up with apathy of GOI (MOF), LIC and IBA for getting updation of pension and removal of anomaly in dearness allowance/dearness relief?

WHILE the pensioners and family pensioners of GOI (about 30.00,000) get 100% neutralisation in DA/DR from 01-01-1996, the pensioners and family pensioners of RBI (about 20000) get 100% neutralisation in DA/DR from 01-02-2005.

WHY are the old pensioners of LIC and Banks discriminated? 

WHEN LIC, Banks have funds to meet 100% DA/DR - linked to cost of living / CPI to post Aug. 1997 and Nov. 2002 employees and pensioners respectively, it is incredible that LIC and Banks have no funds or dearth of funds as claimed by LIC, IBA and MOF if they give updation of pension and 100% DA/DR to the pensioners in their seventies and plus numbering a few thousands.

THE SERVING LIC AND BANK EMPLOYEES know the role played by their seniors, seniors leaders to get five yearly wage revisions, 100% DA/DR., perks etc. Umpteen number of sittings, negotiations, long drawn struggles, positive and negative (helpful at times) criticisms, morchas, dharnas, strikes etc. None of the wage related struggles have been cake walks.

THE SERVING LIC AND BANK EMPLOYEES are well aware that S/Shri Asthanaji, Aggarwal, GNS, Kishore ex.ED, to mention a few leaders, despite age not being on their side, have not lost the 'spirit' to continue to fight in various courts - for the last fifteen years. No one knows when the final and favorable verdict is coming. Hats off to them and to The Editor, LIC Pensioners Chronicle for all the service he is rendering for the pensioners of LIC in particular and for the pensioners of Banks, RBI etc.in general by providing a platform to share/express views for benefit of all class of pensioners.

The SERVING LIC AND BANK EMPLOYEES must have experienced or heard how difficult it was /is for Unions/Associations to reach an understanding with the Management/s until the wage settlements are signed. The Unions/Associations are often obliged to resort to strikes, at times for longer periods, that too when all other steps/measures taken, fail to convince the 'mind set' of the GOI and Managements.

ON BEHALF OF ALL PENSIONERS OF LIC AND BANKS, it is submitted for consideration of ALL THE SERVING EMPLOYEES AND OFFICERS OF LIC, General Insurance and Banks to go on one or two days TOKEN STRIKE, hold Morchas, Dharnas at HOs and Branches for the just and genuine cause of their seniors. The pensioners should also participate in the Morchas and Dharnas.

Some of LIC and Bank employees and pensioners must have read in the News papers that the United Forum of Four Associations of RBI have been holding silent morchas, dharnas at various offices of RBI for the last four/five years. The serving employees of the RBI participate in dharnas in big number along with hundreds of the old and the recently retired pensioners. The leaders of all unions and leaders of Retired Employees' Association exhort the Management to find immediate solution for pending demand of  updation of pension in RBI.They have threatened to chalk out agitation programmes, if no favorable decision by the Bank in the next few months. LIC, General Insurance and Bank employees also may consider some kind of agitation programmes for sake of their seniors

UPDATING OF PENSION AND 100% DA/DR SHOULD BE FOR ALL, THE PAST, THE PRESENT AND THE FUTURE PENSIONERS. The serving employees of LIC and Banks may kindly and hopefully appreciate.

MAY THE SERVING EMPLOYEES OF LIC, General Insurance and Banks take the suggestion to their heart and decide to go on TOKEN STRIKE for a day or two. If they strike work for a day or two for a cause, for their seniors, It would be historic in the annals of Trade Union Struggles.

SN, a 1992 Pensioner

( Hope on, hope ever, 

though to-day be dark, 

The sweet sunburst may 

smile on thee to-morrow, 

Shri Balasubramanya seems to be telling the pensioners. Ed.)

WE  ARE  RINGING  OUT  " VIJAYA " IN A COUPLE OF DAYS.

IT WAS A YEAR OF HECTIC ACTIVITY, KNOCKING THE DOORS OF TEMPLES OF JUSTICE. WE ALTERNATED BETWEEN FRUSTRATION AND HOPES, WITH IMMENSE FAITH IN THE DICTUM : "JUSTICE CAN BE DELAYED ; BUT IT WILL NOT BE DENIED " ! ALL OUR CRIES FOR REASON, FAIR PLAY IN RECOGNIZING OUR JUST AND REASONABLE FOR UPDATION OF PENSION IN THE CONTEXT OF UNCHECKED, SPIRALING INFLATION AND EVER-ESCALATING HEALTH-CARE EXPENSES FELL ON DEAF EARS, AND THE DELAYING TACTICS OF THE FINANCIAL GIANT HAD THE UPPER HAND THANKS TO THE SERVICES OF ITS  LEGAL COUNSEL OF EMINENCE !

IT IS IN THE FACE OF ALL THESE ODDS, THAT THE PENSIONER COMMUNITY HAS BEEN PUTTING UP A CONSISTENT LEGAL FIGHT FOR JUSTICE, ABLY CONDUCTED BY OUR WARRIOR, SRI K.M.L. ASTHANA, DULY SUPPORTED BY AIRIEF, THANKS TO THE UNFLINCHING EMOTIONAL AND FINANCIAL BACKING OF THE AGED, CASH-STRAPPED PENSIONERS ACROSS THE COUNTRY !

KUDOS TO SRI ASTHANA FOR SUCCESSFULLY LEADING THE JUST CASE OF PENSIONERS BEFORE THE SINGLE-JUDGE BENCH & DIVISION BENCH OF THE HON. HIGH COURT OF RAJASTHAN AT JAIPUR AND THE HON. SUPREME COURT, AGAINST THE LEGAL & FINANCIAL MIGHT OF LIC, WITH FOCUSED PERSISTENCE AND PATIENCE FOR THE COMMON CAUSE, UNMINDFUL OF THE SPORADIC MISINFORMATION CAMPAIGN BY SOME, SOWING THE SEEDS OF CONFUSION AND FRUSTRATION AMONG THE ANXIOUS PENSIONERS OF ADVANCED AGE !

THE COMING FINANCIAL YEAR IS ALSO HERALDING THE NEW YEAR " JAYA " !

THE WRIT OF MANDAMUS FILED BY SRI ASTHANA  BEFORE THE HON. HIGH COURT OF RAJASTHAN AT JAIPUR IS SLATED TO COME UP ON THE 2ND OF APRIL 2014  AND WE HOPE THAT THE BENEFICIAL INTENTIONS OF THE JUDGMENT DATED 12-01-2010 OF MR. JUSTICE M.N.BHANDARI WILL BE COMPREHENSIVELY CLARIFIED TO HELP LIC TO IMPLEMENT THE DIRECTIONS OF THE COURT IN LETTER & SPIRIT !

 MAY THE NEW YEAR " JAYA" PUT AN END TO THIS PROTRACTED LITIGATION AND PROVIDE IMMENSE RELIEF AND HAPPINESS TO ALL OUR PENSIONER FRIENDS AND THEIR FAMILIES !

 WITH BEST WISHES FOR A HAPPY " UGADI " !

                                                                                       -    A.BALASUBRAMANYA,                                                                                                   BANGALORE  

RESPECTED SIR,

THANKS FOR *YOUR ABOVE ARTICLE POSTED IN LIC PENSIONERS CHRONICLE. 

YOU HAVE RIGHTLY POINTED OUT THEREIN THAT OUR PENSIONERS ARE NOT CONFUSED 

LOT; INSTEAD THEY ARE 'EXPECTING LOT'. 

I SEE TWO IMPORTANT REASONS FOR THIS. THE FIRST ONE IS CONTINUOUS 

FAVOURABLE JUDGEMENTS IN OUR LEGAL BATTLE IN THREE HCs AND IN THE APEX 

BODY OF INDIAN JUDICIARY,THE SUPREME COURT, WITH ITS HISTORICAL JUDGEMENT 

OF 'NO STAY'. THE ONLY SETBACK IN THE MOVEMENT IN THE RIGHT DIRECTION IS 

THE RECENT JUDGEMENT IN THE CONTEMPT CASE IN JAIPUR BY SJ. SRI CHOUHAN. THIS 

TOO OUR LEADERS ARE DISCUSSING WITH PROMINENT SENIOR ADVOCATES AND ARE 

GOING TO TAKE PROPER CORRECTIVE MEASURES, IT IS LEARNT. AS YOU HAVE SAID 

IT IS ONLY TIME CONSUMING PROCESS FOR WHICH WE HAVE TO WAIT PATIENTLY 

KEEPING IN MIND THE FINAL SUCCESS WE ARE GOING TO ACHIEVE.

THE SECOND REASON FOR THIS 'EXPECTATION LOT GROUP' IS THE AWARENESS 
OUR LEADERS HAVE CREATED AMONGST OUR PENSIONERS REGARDING COURT CASES 

IN OUR ARENA AND THE HAPPENINGS THAT ARE TAKING PLACE IN SIMILAR INDUSTRIES 

OUTSIDE OUR AREA WITH THE RESULT THAT OUR ELDERS HAVE BECOME VERY 

KNOWLEDGEABLE WHEN COMPARED TO OTHER PENSIONERS. FOR THIS GREAT 

PROCESS WE HAVE TO THANK OUR LEADERS AND LIC PENSIONERS CHRONICLE, 

THE BEST PLATFORM WE HAVE TODAY TO ENRICH OUR KNOWLEDGE ON PENSION 

MATTERS.

I CANNOT SAY THAT OUR EXPECTATIONS ARE HIGH BUT THEY ARE ONLY THE 

REQUIRED MINIMUM. OUR LEADERS LIKE YOU, SRI ASTHANA, SRI RBK, SRI MURTHY, 

SRI MADHAVARAO, SRI ANGURAN AND OTHERS ARE TAKING SINCERE EFFORTS 

AND WE ARE DEFINITELY GOING TO ENJOY THE FRUITS IN THIS YEAR ITSELF.

R.S. SUBRAMANIAN, CLEVELAND,USA.

___________________________

*SHRI CH MAHADEVAN'S ARTICLE

I have one query in the matter of family pension.
With every wage revision the parameters for percentage of basic pay changes, from the pension rules, available in your blog, for those who retired after 01/08/2002 their family pension will be 

30% of last BP plus 30% of FPA up to basic 5840, 
20% of last BP plus 20% of FPA from 5841 to 11640, and 
15% of last BP plus 15% of FPA above 11641.

Query1. What is the parameter for those who retired after 01/08/2007 ?

Query2. Whether percentages of FPA will have to be taken at all the 
three stages ? Your reply is solicited.
--
Subir Kumar Mazumder

The scale of FP is as follows for those retired on and after 1/8/2007:

Basic Pay Slab Percentage

upto7390 30% of 

Basic Pay+Additional Pension of 30% 

of FPA (minimum aggregate pension 1880)

7391 to 14720 20% of 

BasicPay+Additional Pension of 20% 

of FPA (minimum aggregate pension 2230)

14721 & above 15% of 

BasicPay+Additional Pension of 15% 

of FPA (minimum aggregate pension 2950)

Notes: (1) Dearness Relief is not payable on additional family pension.

(2) “ Scale of Pay” for the purpose of calculation as above shall be aggregate of pay as defined in sub-clause (o) of rule 2 and “Allowances” as defined in explanation to sub-rule(3) of rule 35.

(3) If the surviving child or children are eligible to draw two family pensions, such pensions shall be limited to Rs 17,955/- in respect of employees who retired or died while in service on or after 1/8/2007. (Vide LIC CO circular Department: Personnel/ER/A, Circular No: ZD/1171/ASP/2010 dt 9th December, 2010).

For query No.2, the percentage for FPA is taken separately to calculate additional Family Pension which is added to the Basic Family Pension to arrive at aggregate Basic Family Pension.The purpose of separation is to exclude DR on additional Family Pension.
Kind regards. 
C H Mahadevan

BR MEHTA, PANCHKULA

    DEBATE CONTINUES...

Certainly after reading a post from Sh.S.N. Murty at Hyderabad just today afternoon, I also decided to join this issue with my following views. 

1.Yes, I also think that L.I.C.Pensioners are not confused at all.

2.Yes, certainly they are the victims of our present set-up or so called authorities responsible for taking right decisions at right time including Finance Minister, G.O.I. concerned.

• Insurance Secretary, our top management including Chairman/M.D.s having failed miserably to convince their bosses to treat ex-L.I.Cians fairly since they sacrificed their youth to build this organisation and above all so called judiciary which is even insensitive to senior citizens of L.I.C. Pensioners Community knowing fully well that many petitioners or non petitioners have left this world without getting justice. For example, out of 31 Petitioners at Chandigarh High Court who filed their Writ in 2010 for full D.A. to pre 01.08.1997 pensioners and pension upgradation to all pensioners on basis of every wage revision for in service employees, only 26 are surviving at this point of time and five petitioners including Late Sh.M.L.Gandhi being petitioner No 1 have left us just enquiring "Aaj Court Case ka kya hua".

3. Yes, our top leaders of different Pensioners Unions/Associations/Federations are also responsible to some extent for not fighting unitedly for a common cause. Banking Industry is a live example where all unions/associations/federations of in service officers and staff are fighting unitedly by forming a Co-Ordination Committee. Our division suits management/GOI which is a major cause of our victimisation. Perhaps, large ego of those who call themselves as the only champions of L.I.C. Pensioners may be a root cause for securing desired unity.


4. Yes, still we should be very much optimistic since God is Great and surely L.I.C. pensioners will emerge as winners sooner or later as they say in Hindi

Uske Ghar Men Der To
Ho Sakti Hai Magar Andher Nahin.

So let us continue to fight till we achieve our Goal.

WRIT PETITION JAIPUR BENCH, RAJASTHAN HC LISTED ON 02-04-2014

Enquiry By Case Number

Case Type Registration No. Year: 

PENDING

Date of query : 28/3/2014 Time : 4:50:04 PM

CW'3471' of 2014 - R 6653/2014

Petitioner : KRISHNA MURARI LAL ASTHANA

Respondent: L I C OF INDIA

Petitioner Advocate: ABHINAV SHARMA

Respondent Advocate: 

Class Code : 0521 Registered on : 26/3/2014

Bench : SB Stage : listed in court No.5 on 02-04-2014

DAILY CAUSE LIST : 02/04/2014 -10.30 AM TO 01.15 PM AND 02.00 PM 

TO 04.45 PM
                             HON'BLE MR. JUSTICE MOHAMMAD RAFIQ

BASUDEB DAS, KOLKATA

A man went to a barber shop to have his hair cut and his beard trimmed. As the barber began to work, they chatted. When on the subject of God, the barber said: "I don't believe that God exists."

 
"Why do you say that?" asked the customer. "Well, you just have to go out in the street to realise that God doesn't exist. If God exists, would there be so many sick people? Would there be abandoned children? If God existed, there would be neither suffering nor pain."

The customer didn't respond. The barber finished his job and the customer left the shop. 

Just outside, he saw a man in the street with long, stringy, dirty hair and an untrimmed beard. The customer turned back and entered the barber shop again and he said to the barber: "You know what? Barbers do not exist." "How can you say that?" asked the surprised
barber. "I am here, and I am a barber. And I just worked on you!" "No!" the customer exclaimed ! "Barbers don't exist because if they did, there would be  no people with dirty long hair and untrimmed beards, like that man outside." "Ah, but barbers DO exist! That's what happens when people do not come to me." "Exactly!" affirmed the customer. "That's the point ! God, too, DOES exist ! That's what happens when people do not 

go to Him and don't look to Him for help. That's why there is so much pain and suffering in the world."

DEBATE CONTINUES...

ARE LIC PENSIONERS CONFUSED? NO, THEY ARE NOT. THEY ARE (BEING) LET DOWN.

I want to respond to the on-going debate on whether or not the LIC Pensioners are confused, lost, unsure, unclear, perplexed, disoriented or bewildered?

In my view they are NOT – just NONE of that

The truth is: Many of them are resigned to their fate, turned philosophical being wiser and older and became practical because if there is nothing they could do to see things as they want to, why resist and invite tensions – mental and physical? Let’s take what comes – when it comes – if ever.

The truth is: Most of them are certainly concerned about the issues at stake, concerned about what is happening/not happening. Certainly not ready to accept the unjust treatment meted out to them.

The other truth is: THEY ARE ALL LET DOWN. Firstly by an insensitive Government, secondly by an indifferent LIC top management and lastly and more importantly by the Associations which claim to represent them and claim to be fighting to protect their interests.

NOW, in this scenario, is the cause of LIC pensioners in grave danger? 

NO, NOT AT ALL. If only we join together and raise our voice. I will talk more on that in my proposed action plan.

Everyone should realize that the emphatic and unequivocal judgements in support of the Pensioners’ cause, (thanks to all those who toiled for the same) delivered by three different High Courts of Judicature and the subsequent refusal to stay the judgements by the Apex Court, is an extraordinary situation. It is ADVANTAGE pensioners all through. It would be most unfortunate if our leaders do not skilfully convert the situation to clinch the nagging problems to the benefit of the pensioner community.

In the above background I have some thoughts (nothing new of course) to share and also an action plan to suggest. I am encouraged by the availability of this wonderful platform – this objective, unbiased Chronicle which we know is being visited by thousands of LIC Pensioners. Most of them read the postings - agree or disagree but don’t speak out. I request all such LIC pensioners to go through the following simple statements/views and all those who agree with them to consider joining the action plan suggested later.

• 1) LIC Board Resolution dated 24/11/2001 categorically concedes that there should be certain pension reforms. (I am purposely not going in to any interpretation of the Resolution at this stage because it is the major irritant and the bone of contention between the Petitioners before the Delhi & Rajasthan High Courts).

• 2) LIC did not or perhaps could not implement its Resolution because the Government
• approval sought by it has not come. However the requirement of Government approval, as is known too well by now, has been rejected by the Rajasthan High Court.

• 3) LIC also cites the on-going litigation in various higher courts as coming in the way of doing what it perhaps decided to do in the year 2001 itself, even as per its own interpretation of the Resolution.

• 4) Then the court cases are naturally caught in the system malaise of our countrywhere delayed justice is the rule rather than an exception.

• 5) Open bickering and ego problems among the leadership of different Associations pursuing their separate agenda in isolation and in the process working at cross purposes.

• 6) It is pretty clear that LIC does not want to honour the identical judgements of the three High Courts and plays every trick to delay and protract the litigation and hopes to keep it going till all the three Civil Appeals tagged together by the Supreme Court eventually come up for disposal.

• 7) I am willing to concede that probably LIC is not guilty of intentionally playing this cruel game against its former officers and employees purely of its own volition but perhaps it is being pushed by the Government to do so. Hardly matters as far as thevictims are concerned.

• 8) In conclusion we may expect that final justice and total relief can come to the LIC Pensioners only when Supreme Court dismisses the Civil Appeals. But several years later. In a simple sense, it only means much more delay and many more pensioners will leave this world by then. Pensioners don’t want to wait that long.

9) A quick review of the current status of the court cases - (to the extent information is made available by the petitioners). Jaipur: Contempt petition dismissed as withdrawn. Two new WPs filed seeking direction to LIC to implement the common Judgement dated 12.01.2010. Listed. Delhi: Interlocutory Application filed before Supreme Court seeking direction to LIC to pay/deposit money “as in the case of petitioners before Rajasthan HC”. If the copy of IA in circulation is to be taken as authentic, it attempts to vertically divide pre-1997 and post -1997 retirees. The prayer causes great injustice even for the pre-1997 retirees.It is listed for hearing on April 4, 2014 before the Supreme Court. One may expect some surprises but no miracles on that day. Chandigarh: LIC was shown the door by SC on its Application to stay the contempt proceedings. Matter posted to 26th. LIC may ask for and get adjournment.

Will share my proposed action plan in my next posting - in a day or two.

M.Sreenivasa Murty, Hyderabad

ASTHANA'S MESSAGE

Mail received from Mr Asthana reading as follows:

"WRIT PETITION NO 3471/2014 KML ASTHANA VS LIC IS TO BE LISTED ON 2ND APRIL AND THE OTHER ONE AIRIEF VS LIC TO COME UP A BIT LATER"

ASTHANA

POSTMAN RAMLAL GOT JUSTICE DELIVERED TO HIM IN 29 YEARS !

pending cases

I have just returned from the Library.   I was reading an article about the bane of Indian judicial system and its tendency to grant adjournment, some times helplessly, due to very heavy pendency of cases. Reportedly there are around 3 crore cases some of them pending since beginning of 1950.

In a case quoted  in the article in the Kannada weekly 'Hi Bangalore' in its issue dated 27-3-2014 titled "can life (jeevana) be brought back" narrates the sordid story of one Ramlal, a

postman who was recruited on compassionate grounds on the death of his father in Kanpur. 

One day in 1984 Ram Lal returned to the Post office after  his daily routine, he handed over balance of undelivered M.O.of Rs. 400 out of 700 and the post master feigned to be very busy and when Ram lal insisted the Post Master to count the Money he was asked to leave the money on the table.  Trusting, Ram lal left for home. He was leading a contented family life.   But the next day Policemen came to Ramlal's house and arrested him on the complaint of the Post Master saying that he had stolen Rs 57/- out of the remaining money left after distributing the money orders  and was told he would be released and taken to duty if he  returned Rs.57/- immediately.  His wife undertook to arrange the money but Ram Lal refused as that amounted to his 

adjournment ok, but goldfish....

accepting he had stolen the money and chose to contest the case in Court. He was released on bail and was doing some manual labour but the court case went on with perennial adjournments as the main complainant and witness never appeared  but Ram Lal would attend the court regularly. Every time a judge was transferred, the new judge would take time to study the case and Ram Lal got frustrated and missed some hearings.  The court issued him a warrant but at the same time took no action on the complainant and main witness for their continuous absence. In the meanwhile the main complainant Post Master retired and died a couple of months later.

Relief came when a new judge took charge and noted that the case involving a paltry sum of Rs.57/- was dragged for 29 years and the chief complainant died  and so dismissed the case for want of evidence.  Mean while Ram Lal turned 60 and reached retiring age by the time of judgment.  The Govt. did not pay the arrears for which he had to file another petition.  During  this long time he lost his daughter to T.B. and had to sell a small piece of his land and a house to meet the daughter's medical bill and  court expenses. A simple case went on for 29 years from 1984 to 2013 before justice was dispensed.

LIC pensioners are getting a taste of the Indian judicial system of perplexing judgments.  The case is, SPL being dismissed with sound reason but in one last sentence giving chance for another appeal against the dismissal and accepting the appeal condoning nearly an year's delay.  Further giving LIC two chances after the Rajasthan High Court rejected the review petition. According to CPC LIC had only two options after Division bench upheld the single judge's order -  either to go for Review petition or filing a SPL but strangely they were allowed to gamble with Review petition and when it failed allowed the SPL much against the spirit of CPC but who can question the Indian judiciary's quirk system?   But we were sincere, honest and loyal employees like Ram Lal and we will get justice earlier than Ramlal's 29 years, maybe in about an year from now or even earlier, BUT JUSTICE WILL BE DONE.

May be most of us will survive to reap the benefit of protracted, costly and taxing legal fight and so GOD bless.

T SAMPATH IYENGAR, BANGALORE