LIC PENSIONERS CHRONICLE

LIC Pensioners Chronicle carried a write up under the caption, "To the Best of Our Knowledge and Belief " on 6 January, 2014. To recapitulate in brief: After a legal battle of four/ five years, the Pre-2006 pensioners ( all the eligible - there were anomalies in revision of pension in respect of many - few lakh pre-2006 retirees ) got a legal remedy by Delhi High Court to receive revised enhanced pension as per the Concordance - fitment table. While, the GOI accepted the Hon. Court's judgement, in its wisdom, issued a Office Memorandum on 28-01-2013 with a rider that the enhanced pension would take effect from the date of approval by the Government i.e. 24-09-2012. There will be no change in the amount of pension/ family pension paid during the period 01-01-2006 to 23-09-2012. The order / instructions were emphatic that no arrears of enhanced pension / family pension on account of these orders will be payable from 01-01-2006 to 23-09-2012. ( The GOI 'order' amounted ultra virus to Article 14 of the Constitution and against the spirit of the Supreme Court's decision. No benefit of arrears for 6 years, 8 months and 23 days.) 

The Central Government pensioners did not meekly accept the bureaucrats order. They as usual and as it should be, knocked the doors of Court and sought the Constitutional remedy. GOI used all the available astraas --SLPs in the Supreme Court, Review Petitions and the latest the Curative Petition - hopefully, there isn't any further recourse in the Law of the Land.

As reported in the Hindustan Times dated 02-05-2014 and analysed at length by Shri R.B.Kishoreji, VP, AIRIEF in the LICPC, a five Judge Bench headed by Chief Justice Lodha has dismissed the Curative Petition filed by the government. The pensioners and the family pensioners are entitled to and would get arrears w.e.f. 01-01-2006, that is, retrospectively from the date of implementation of recommendations of 6 th CPC. The legal heirs of the pensioners / family pensioners who are not alive on date would get due difference/ arrears of pension/ family pension from 01-01-2006 till the date of demise.


THE LATEST DEVELOPMENT : CONTEMPT PETITION BEFORE PRINCIPAL BENCH OF CAT has been posted by the Editor as early as 03-19-00 A M (!) on May 16, 2014 : The contempt case came up before the Principal Bench of CAT on 15-5-2014. UOI Counsel informed CAT that the
Law Ministry has advised the UOI to implement the judgement in pre-2006 case. The Court granted 3 months to UOI for implementation of judgement. A great news a great relief to pre-2006 pensioners - just imagine the number of pensioners, family pensioners of GOI, the ultimate beneficiaries, a few lakhs!

Despite the fact that there is inordinate delay ( unpardonable ) in the Courts of Law and some unpleasant, not easily digestible decisions by some Hon. Judges, the Courts by and large do discharge their solemn duties in the larger interest and rights of the common man to uphold their just and reasonable demands and as far as possible to alleviate the aggrieved.

The Judges of the Supreme Court, High Courts.. take oath to bear true faith and allegiance to the Constitution of India and that he/ she will duly and faithfully and to the best of his/ her ability, knowledge and judgement perform the duties of his/ her office without fear or favour, affection or ill- will and that he/ she will uphold the Constitution and the laws.( Copied from 'Third Schedule' ) It would have been/ be better had / if the Oath contained an adverb - perform the duties of his / her office -'expeditiously'.

The Central and State Ministers, the MPs, MLAs also do take Oath. The Form of Oath or Affirmation of a Central Minister - copied from Internet - is as follows:

I, A.B., do swear in the name of God / solemnly affirm that I will bear the true faith and allegiance to the Constitution of India as by law established, that I will uphold the sovereignty and integrity of India , that I will faithfully and conscientiously discharge my duties as a Minister for Union and that I will do right to all people in accordance with the Constitution and the Law, without fear or favour, affection or ill- will. (They also take oath of secrecy.)

Probably, either the Ministers do forget the oath taken by them or affirmation to faithfully to do right to all people in accordance with the Constitution and the Law after assuming the office on their own or as misinformed/ misled by their subordinate/ s or by bureaucrats in utter disregard to the sacrosanct Constitution of India. The kind of agonising treatment meted out by the successive governments during the last twelve years to LIC pensioners in their fight in various courts, old pensioners nurturing hopes more than a decade, the stubborn unyielding MOF, GOI and LIC are 'classic'.

A few more days and a new Government will be installed. Oath taking ceremony. New ministers. New Finance Minister. The show should go on. The show goes on as scheduled. The show goes on almost as per scheduled time. But, hardly any one has time, hardly any one cares. When and who is going to reward / pay the dues ( the arrears of DA/DR and pension updation ) to the LIC old pensioners as well as to those retired few years back?

The Courts and the Supreme Court have disposed off the Central Government pre- 2006 pensioners case, comparatively - expeditiously, in about five years. An earnest request to the Supreme Court and other Courts : There are similar cases already decided in favour of pensioners. Kindly do the needful and the best to LIC pensioners without further loss of time.

SN ( a 1992 pensioner )