I endeavour to present few
SALIENT & SAGACIOUS ARGUMENTS
for REBUTTAL OF UOI SLP/CAs,
readers & others to realise the importance of the issue at stake
& to set at nought the last-ditch battle being waged by a
relentless, mighty wanting to literally submerge the pensioners
fraternity.
3) I even recollect much earlier, in Jaipur case, when DB Judges asked LIC Counsel, why delay for 10/11 years, are they happy with 1000s of pensioners death, LIC Counsel admitted 'Sorry'. Jaipur DB judges asked & confirmed after LIC Counsel positive reply about no withdrawal of LIC Board Resolution, the eminent Judges told , ‘U can’t withdraw, we will not allow u to withdraw, it is now common property of Rajasthan HC ’. Similarly, when LIC counsel was once boasting about Sec 48 all-embracing power , Hon Justice Mukopadhyay intervened & interjected ‘forget about Sec 48, we are more concerned with Board Resolution”, that was a retort in pensioners favour. Hon Judges have to be adored, wanting to protect the weak & aggrieved & let us all pray , now at this important juncture too, a similar frame of mind & philosophy pervades the Hon SC Bench with entire pensioners fraternity waiting with bated breath for positive & favourable decision, to witness the day of deliverance, more so pensioners facing the twilight years of their lives. This unfolds the true picture of plight of pensioners hit with adversity for no fault of theirs to be atleast now remedied, to relieve them of the brunt of low pension, citing Court verdicts & Judges powerful quotes & many elements of law & justice, which leave an indelible impression on all groups of pensioners
4) When I ruminate, introspect, I indeed feel, WHAT AN ENTITY LIC IS. IN FACT ALL CONSTITUENTS OF SUCH EMINENT INSTITUTIONS MUST HAVE ALL BENEFITS, PERKS MUCH MUCH HIGHER FOR THE OUTSTANDING& STELLAR PERFORMANCE. What we witness on the contray now is MUCH ADO ABOUT NOTHING. 14 YEARS, WE HAVE BEEN TOILING & MOILING. JUSTICE DELAYED IS JUSTICE DENIED. JUSTICE DENIED IS JUSTICE BURIED .Where there is truth, there is victory is our strong armoury. No one can predict what is going to happen. All pointers are in pensioners favour. All Court judgements all along have supported the pensioners. The sky is clear. There are no clouds. Will it be like a Pushkar November Carnival ? Why, can it be like the 25th Anniversary of the Fall of the Great Berlin Wall, uniting East & West Germany ?
2) Consolidation of progressive, enlightened, mature, experienced, can set an example by exemplary thinking beyond for future,convert divided house to a symmetry with legitimate dialogues & discourses with some modification of behavior & adjustment .Years of status quo must be broken, as great expectations & aspirations abound, let there be some checks & balances, harness the undiscovered potential to be released as a wonderful asset for clearing many outstanding issues. Insurance industry can then later become an example of true democracy in action with Employees & pensioners combining to determine & carve their destiny. In fact, even as it is Employees & Pensioners are like Heads & Tails of same coin, as Today’s Employees are Tomorrow’s Pensioners. It can therefore be a delightful combination for better with combined advantages & different potential available in plenty. Follow the footsteps of Elders & meeting of minds & hearts will unleash a potent force.
That we want to do only with the solidity & strength, clarity &
force of our arguments. When you meander through the
various paras, you will appreciate the depth & sweep of the
issues, the rightness of our cause as also gather confidence
that LIC SLP/CAs will meet with a Waterloo.
2) It is through a concentrated enumeration of facts, figures, law points & Court quotes & decisions to fairly & squarely demolish the opponents crossfire & enable pensioners with bated breath to understand the activists pains to ensure massive collection of such unique presentations, for which tons of labour, time & energy gone through the mill the hard way for years & years of consistent continued alerts & jottings.This is all with the noble view to enable pensioners gain so-called Mission of Pension Upgradation with Full DR with higher Family Pension on this enhanced RP every 5 years, and also save the Family Pensioners from a pittance of a lowest FP to a respectable FP to lead a dignified life. Enough ammunition is there to thwart LIC arguments, for whatever reasons. If LIC has submitted long pages for SLP/CAs, rest assured we all have more than matching rebuttal of LIC arguments in a befitting, confident & courageous manner, from every angle, with in-depth presentation, which have all the elements of superceding LIC submissions, & conquering their weakness, & adequately impressing Hon SC Bench for a positive & favourable Judgement.
B)1) This leads me to the proposition , with all sincerity & seriousness in my heart, a positive thinking at this turning point, from crossroads to meeting point, with hopes & aspirations, when Insurance industry is the only industry where Employees do not join hands with pensioners, why can’t we create an ambience now & here, with a deadline, to peep through the Periscope & secure that Brave New World. Improbable & Impossible can become Probable & Possible.
2) Consolidation of progressive, enlightened, mature, experienced, can set an example by exemplary thinking beyond for future,convert divided house to a symmetry with legitimate dialogues & discourses with some modification of behavior & adjustment .Years of status quo must be broken, as great expectations & aspirations abound, let there be some checks & balances, harness the undiscovered potential to be released as a wonderful asset for clearing many outstanding issues. Insurance industry can then later become an example of true democracy in action with Employees & pensioners combining to determine & carve their destiny. In fact, even as it is Employees & Pensioners are like Heads & Tails of same coin, as Today’s Employees are Tomorrow’s Pensioners. It can therefore be a delightful combination for better with combined advantages & different potential available in plenty. Follow the footsteps of Elders & meeting of minds & hearts will unleash a potent force.
3) Theoretically, if talks take place between LIC & Pensioners Fedns, & some decisions are taken, proper benefits & outlay can be granted. If it comes into conflict or reduces Employees benefit ,then they feel aggrieved. This is an illusion as cake will become larger, as we notice in Banking industry where they have evolved fool-proof arrangement. One should not forget their elder brethren, who toiled & moiled, & whose footprints they can follow, as classic traditions & healthy customer-centric practices are established, & now being enhanced & enlarged, must also ensure same, empathetic welfare benefits for the lesser fortunate seniors who are also customers demanding equal treatment & fighting for healthy issues, genuine & modest.
Bankers have set a wonderful example of continued discussions with trust.Trust deficit can be removed. Many organizations, in fact, specifically earmark amounts to pensioners at the time of wage talks for equity & harmony & to establish& preserve integrity of relativity in pay & pension,which is vital. For such a large network, gigantic labour force with ever so many Banks all over India, we must heartily congratulate AIBRFedn becoming part of UBRFedn & all becoming part of AIBEFedn & UBEFedn. More easily we can plan & resolve this lacuna for the maximum good of the maximum number.
4) Reminders, Resolutions, Memorandums, Joint Talks with LIC & MOF/UOI can become more powerful weapons in our Armoury to drive home our issues & problems with uncanny knack & without any more procrastination, no opportunity for any to be sidelined, inherent strength will multiply, no more dissipation, undercutting by management, as a thorough brief will be done with judicious notes. Matters in office can be secured fast, easier, data gathering, assimilation, analysis, preparation of any charts or Tables, arguments -- all these & many more can gather momentum.
5) Earlier Red becomes Amber & Amber becomes Green, that Day will be an auspicious Day for Entire LIC human force to shake hands, gather steam & work together, with confidence & courage, with dynamism, nerve & verve. Allow that Day to Dawn sooner to come to grips with pensioners issues & resolve the knots with a striking force & power for good reasons.
FROM dissonance to Resonance, From Divergence to Convergence, From Negative stroke to Positive Stroke, From Simple Unity to Synergy, From Babysteps to Giantstride, From Halfhearted Belief to Full Faith, From Dysfunctionality to Positive Performance, From Obstructionism to Cooperation, From Logjams to Meeting of Minds, From Jeopardy to Summit of Victory, can we not together shake up the Goliath of LIC & UOI & jump From Tragedy to Triumph ?
6) Do you know what the word FAMILY means ?
FAMILY = (F)ATHER (A)ND (M)other (I) (L)OVE (Y)OU. For us in LIC,
FAMILY = PENSIONERS + EMPLOYEES = WE LOVE ONE ANOTHER.
LET US EMULATE BANKING INDUSTRY &
EVOLVE SUCH A GRAND ARRANGEMENT ,
NOT TO WALK, NOT TO RUN.BUT TO GALLOP LIKE
AN AUSTRALIAN KANGAROO, & REACH OUR DESTINED,
CHERISHED GOAL FAST, FASTER & FASTEST.
Greetings,
R.B.KISHORE
VP,AIRIEF
Please click below.
Please click below.
SELECT FEW
PEARLS & SAGACIOUS ARGUMENTS for LIC SLP/CAs
REBUTTAL
1)A scheme of
pension making liberal provision for those retiring after a specified date was
held to be discriminatory vis-à-vis those retiring earlier than that date. The
Supreme Court invoked Arts. 14, 38(1), 39(e) and (d), 41 and 43(b), and even
the word ‘socialist’ in Preamble to the Constitution to reach this result. Since the advent of the Constitution, the
state action is being directed towards attaining the goal of the Directive
Principles so as to set up a welfare state in India . According to the Court, the principal aim of a socialist
state is to eliminate inequality in income, status and standards of life.
The basic framework of socialism is to provide a decent standard of life to the
working people and, especially, to provide security
from cradle to grave. Thus, amongst others on the economic side,
envisages economic equality and equitable distribution of income. In the old age, socialism aims at providing an
economic security to those who have rendered unto society what they were
capable of doing when they were fully equipped with their mental and physical
prowess.
2) i) Article 14 & 16 of the Constitution of India are PRIMARY Fundamental
Rights enshrined to be protected & promoted.These rights have an important
bearing on the life of citizens & certainly Pensioners who also come under
the category of Sr Citizens & hence have an important voice
.When discrimination occurs, when the right to equality is violated, it
automatically deprives this group pensioners of their inviolable right earned
by them by this provision in an egalitarian democratic society .
ii)Hon’ble Supreme
Court of India interpreted Article 14 of the Constitution of India,
as not only promising & providing for Equality before the Law and
Equal Protection of Laws, but also as something that opposes all
acts, deeds by Central /State Government and their
Undertakings which are irrational or unreasonable, or unfair or
arbitrary. Article14 is certainly attracted where equals
are treated differently, without any reasonable basis. The thrust
of Article 14 is that the citizen is entitled to equality before law and
equal protection of laws.
iii)While examining the
case under Article 14, the approach is not: “either take it or leave it”
: The approach is Removal
of Arbitrariness and if that can be brought about by severing
the mischievous portion, the Court ought to remove the discriminatory part, retaining the Beneficial Portion. UOI power cannot be unbridled, it cannot be
arbitrary.
3)i)Supreme Court authoritatively has ruled that
Pension is a right and the payment of it does not depend upon the discretion of
the Government. A fortuitous
circumstance of the date of retirement cannot constitute a legitimate ground
for classification, and a classification founded on such fortuitous
circumstance would not stand the test of Articles 14 and 16 of the Constitution
.” asserted VCPC
Chairman,Hon Justice Rathnavel Pandian.
ii)It is, therefore
abundantly clear,that when once. after all due considerations &
circumstances etc,the Pension Rules, 1995,as a Complete Code by itself, was promulgated by LIC with Govt
Notification, all pros & cons are cleared & the course of Pension
Rules, 1995 must run without any interference by Higher Authority or UOI. This was also stated by Counsel for UOI
iii) PRONOUNCEMENTS are clear.SC Nakara that by introducing an arbitrary eligibility
criteria,for being eligible for the liberalised pension scheme &
thereby dividing a homogeneous class, --violates Article 14 & is
unconstitutional.
"Pension is neither
a bounty nor a matter of grace depending on the sweet will of the employer. It
is not an exgratia payment, but it is a deferred wage for the past services
rendered by him------- Pension is
their statutory,inalienable & legally enforceable right.It has been earned
by the sweat of their brow. As such.it should be fixed,revised,modified &
changed in ways ,not entirely dissimilar to the salaries granted to serving
employees
iv)V CPC
Chairman,Justice Rathnavel Pandian categorically asserted & affirmed that pension also should be
taken up for suitable revision whenever the salaries of serving employees
are taken up for any revision. He added forcefully ‘We owe it to the pensioners that they
live, not merely exist ’
v) Hon Justice(Retd) V.R.Krishna
Iyer opined in his letter to then Finance Minister,by affirming ‘'the pathetic condition of a class of people arbitrarily alienated from the beneficial stream
of pensioners ,what is arbitrary is unconstitutional & added 'LIC pensioners are one integral group & cannot be divided into
different classes. Date is an irrelevant factor when alteration in pension is
made”
4) But sadly,
same answerability & accountability of UOI in discharging its obligation to
resolve the problem could not be found. On the other hand, for 15 years &
more,letters & reminders ,rocklike silence, pensioners witnessing deaths galore of their
brethren year after year & UOI still immune to face reality. Never never anywhere such an
intolerable situation should arise, especially when there is gross
violation of Fundamental Rights of citizens enshrined in Constitution.
5) i) It is a well accepted principle of interpretation of
Statutes, that, in case of a Conflict between a
‘Constitutional Provision’ and a ‘Statutory Provision’, it is the
Constitutional Provision that prevails over a Statutory
Provision.
Further in Menaka
Gandhi Vs UOI case, SC sounded the clarion call “ No attempt should be made to truncate its
all-embracing scope and meaning for, to do so would be to violate its activist
magnitude. Equality is a dynamic
concept with many aspects and dimensions and it cannot be imprisoned
within traditional and doctrinaire limits..... Article 14 strikes at arbitrariness in State
action and ensures fairness and equality of
treatment. The principle of reasonableness, which legally as well as philosophically, is an
essential element of equality or non-arbitrariness pervades Article 14 like a
brooding omnipresence."
ii)The last
3 sentences in italics is what pensioners in insurance industry are
fighting for, to plead to remove utter
arbitrariness in Institutional & State (UOI ) action .Arguments advanced
are a cloak to deny genuine & legitimate demands of aged elder pensioners,
majority above 70 yrs,
kept pending & in cold storage for 15 years & more
6)i) Rule 5(3),Chapter
III of Pension Rules,1995, ‘the Corporation shall
be a contributor to the Fund & shall ensure that sufficient sums are placed
in it to enable the Trustees to make due payments to the beneficiaries under
these Rules. Rule 13(b) states , ‘ the Trust shall, subject to the availability
of additional sums in the Fund, to be provided by the Corporation as required
under Rule 5(3) to purchase additional annuities as & when it becomes necessary to revise upwards the
benefits payable in accordance with these rules ’
Revision in pension has been contemplated
& provided in Pension Rules,1995.
The Kamadhenu of Financial & Service sectors,LIC who
really oil the wheels of machinery of Govt, can comfortably grant the TWIN
benefits OF Full Dearness Relief to pre-8/1997 pensioners & pension
revision with every wage revision.LIC never raised the question of outlay.LIC never goes to Govt for any financial help.
What more reasons
needed to grant Pension revision with every wage revision than:
i) Basic Pension unchanged & static right
from 1/11/ 1993 more than 21 yrs !! !! Others have travelled with jet speed to V & VI Pay Commission
with a bonanza of pension benefits. Static,unchangeable
basic pension is unthinkable.We have already outlined subsisting Regular
Pension wide cleavage & difference in relation to CG RP& added CG FP itself is higher
than LIC RP. LIC Basic FP ranges, after death of RPensioner for Asst to ED,
PRE-8/1992,PRE-8/1997.PRE-8/2002, & PRE-8/2007 to a WOEFUL, PITTANCE of
Rs572—1050, 1100—2100,1349—3450 & 2048—5260 plus DR. CG BASIC FP is a
whopping Rs21000+DR . Such monstrous differences & perversities can be set right only
by a Sane Judiciary.Regular Pension upgradation as directed by the series of Judgements in our long & grueling journey has
to be blessed by SC Bench .
ii)Even Commuted pension after 8/2002
is higher than Basic Pension of pre-8/97 pensioners
iii)After 8/2007 wage ,CP is even
equal to ADM’s Total Pension.
iv)A SUBSTAFF GETS MORE PENSION THAN PRE-8/97 ED, 8/9 STEPS BELOW
CADRES
v)Poor Retirement benefits,pittance of Gratuity now Rs10 lacs,many
daily disabilities & heavy expenses on all items,high inflation, &
especially medical outlay formidable
This shows such a
shabby, miserly pension to the pensioners if no revision of pension
takes place, as is ordained in several Case Laws, IV, V, VI PC pronounciations.
vi) What pensioners are asking
for is not even the tail
of the Wage agreement PLLI or the tail of the subsidiary benefits,other than BP,DA,HRA,CCA etc like Transport allowance,Fixed Personal Allowance,Cash Medical
Benefit etc,granted to employees in wage settlements or the tail of the Meal Coupon outlay bonanza as an
Anniversary gift to employees on 1/9/2010 or Domiciliary benefits
allowance of Rs4000—8000 ,or Medical Check up from age 45 of employees Rs 2000—4000 for various cadres & frequency increasing at higher ages
vii) Reliefs
claimed do not offend any of the provisions of LIC PENSION RULES,1995.
It does not require any amendment of existing
Pension Rules, 1995.
UOI consent was fortified by UOI
Counsel in SJ,JAIPUR hearing
viii)Thousands of
Pensioners have died & are dying.The tribe of Family Pensioners has crossed
13,000.Family Pensioners as proportion to Regular Pensioners has jumped from 17
% to 35 % & more.
7)i)Here is the Important
& CRUCIA L line in the Note prepared by EDP paving the way for the
Board Resolution “it may be
mentioned that such a provision to upgrade the pension due to periodic revision in case of Central Govt employees is
incorporated in the Central Civil Services(Pension) Rules, on the basis
of which LIC of India (Employees ) Pension Rules 1995 have been drafted.
ii)
LIC Board Resolution dt 24/11/2001,
resolving the problem with the solution of Full DR to pre-8/1997 pensioners worst
hit, & same Fitment Weightage 11.25% as the then wage rise for
Employees, & AS THE DATE OF RETIREMENT IS IRRELEVANT,same
solution be extended for ALL groups of pensioners, to narrow the anamolies ,as
was the direction in Hon Justice Bhandari's Jaipur judgement dt 12/1/2010 .
“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.” Thus Hon SJ
Bhandari,Jaipur HC built on the foundation of LIC Board Resolution, EXTENDING THIS POSTULATE for allowing the twin benefits. DB Jaipur HC also termed the judgement as an
Umbrella judgement.
iii)LIC ,in its
crucial Secret letter secured
under RTI dt 31/12/2001 & 11/8/2003, state categorically ‘ 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. ’
It is also added ‘
Central Civil Services (Pension)Rules ,on which LIC (Employees) Pension
rules has been broadly designed, contains such an upgradation formula
corresponding to revisions effected for Central Govt Employees ‘
8) SC/HC must remember
that in an egalitarian society ,a democracy, with so many classes of people,
there must be some COHERENCE,TRANSPARENCY, EQUITY in pension amongst different
disciplines.
LIC also wrote to
MOFinance in 2/2009 & 5/2009 reiterating the same
9)i) Reg 56 of LIC Pension Rules provides that “Matters
relating to pension & other benefits in respect of which no express
provision has been made in these rules shall be governed by the corresponding
provisions contained in the CCS(Pension)Rule 1972, or the CCS(Commutation
of pension ) Rules,1991 applicable for CG Employees “
ii)This submission has
been upheld by Rajasthan HC reported WLC1999(2) WLC 232 that if the
Scheme is silent on the point the Central Services Pension Rules ,1972 will
apply. This finding has been upheld even by Hon Supreme Court . Simply put, there cannot be a 1st
class treatment for some & a 3rd class treatment for other
similarly circumstanced . Policy inconsistencies that are existent
glaringly are the biggest challenge & they must be addressed squarely here
& now. Too long ,these have continued in arbitrary &
dangerous manner adversely affecting the silent pensioners with a heavy toll,
physical, mental, psychological & financial.. Govt pensioners live in India & insurance
pensioners also live in India . Factors affecting daily life & living
are the same & so solutions also should be in similar directions following
their footsteps.
iii)In fact, it
applies with greater force for insurance pensioners as insurance Pension is far
less than Govt RP &Why, EVEN Govt Family Pension is higher than insurance
RP itself ! !
Policymakers & Courts have to see social security reality, growing needs of Elders & Sr
Citizens in a Welfare State & uphold beneficial regime without an iota of
reluctance & enhance value&
worth for those who gave sweat & toil for the rapid progress of the
institution.
iv) LIC Board is created
to play a crucial role, it cannot be powerless
or defunct. It cannot & should not be incapacitated by overwhelming
authority of UOI. Similarly, Chairman & MDs of such a gigantic institution are mature &
experienced administrators & top executives . LIC Board has a life & a dynamism of its own.
UOI cannot ignore, deny or abrogate the very essence & heart of corporate
governance, as enacted by the Board as custodians of all stakeholders of
Corporation.
The Hon Kerala HC
observed “the status of the
Corporation(KSWC)as a jurist person, as a body corporate with a common seal and
its existence would be scuttled and
subservient to the dictates of the Govt,as
if the Corporation is a department in the Govt. This is plainly impermissible ”
The Hon’ble Supreme
Court has in its judgment rendered on 3/6/2010 further delineated the principle ,wherein ,it
has inter alia, ruled that Statutory Bodies created under law by Govt hold
independent position & decision making & Superior authority cannot & must not intervene & even
if they do so,that authorities dictat shall not prevail or hold good
& not to file any needless litigation . “Therefore, the law on the question can be summarized to the
effect that no higher
authority in the hierarchy or an Appellate or Revisional authority can
exercise the powers of the Statutory authority nor the superior authority can
mortgage its wisdom and
direct the statutory authority to act in a particular manner . If the appellate or revisional authority takes upon
itself the task of the statutory authority and passes an order, it remain unenforceable for the reason that it cannot be
termed to be in order passed under the Act”Here LIC is the statutory authority & UOI is the Revisional authority.
v) The treatment meted
out to Elders is far from satisfactory.It assumes many forms –apathy, indifference,neglect of their
interest, welfare ignored, insensitivity of organizations & Government,
lackadaisical attitude to their genuine,
modest & legitimate demands, lack of response & inordinate delay
in settlements.
10)i) GO on Revised Pension TNGovt Pensioners
:
The
long-awaited government order announcing the revised pension finally
arrived.
The State government has issued the order pertaining to
revision in pension of State government employees who retired between 1.6.1988 and
31.12.1995 based on the Fourth Tamil Nadu Pay Commission pay scales. This follows
the orders passed by Supreme Court of India directing the State
government to implement the revision in the pension in January
this year.The government order has brought in much joy and relief to the
pensioners who were waiting for a hike in their pension for over six years now.
Members of the
Tamil Nadu Elders’ Welfare Association said that the revision
would mean hike anywhere between 18 per cent and 136 per cent from the
existing pension according to their basic pay. An additional
dearness allowance would be calculated and added in the pension. Nearly two
lakh pensioners across the State are likely to benefit from the revised
pension.
ii)The Delhi High Court has held that all
government employees who retired even before 2006 will get revised pension
according to the Sixth Central Pay Commission.
Rejecting the government's plea that the pre-2006 employees would get the increased pension only from 2012, the court directed the authorities to give retired employees the increased pension from 2006 itself.
The sixth pay commission, which had raised the salaries of government employees by a significant amount, was implemented in 2006.
The landmark judgment would almost double the pension amount of the government employees, including both Central government and state government employees.
A Bench of Justices Pradeep Nandrajog and V. Kameswar Rao gave strict directions to the government to give the arrear to the pensioners within two months. The court said if the government fails to do so, it will have to pay the pending amount to the retired employees at a whopping interest of 9 per cent.
The Bench said, "Mandamus is issued to the respondents to refix the pension of the petitioners accordingly within a period of two months. In case, the arrears are not paid within a period of two months, it will also carry interest at 9 per cent with effect from 01.03.2013."
Rejecting the government's plea that the pre-2006 employees would get the increased pension only from 2012, the court directed the authorities to give retired employees the increased pension from 2006 itself.
The sixth pay commission, which had raised the salaries of government employees by a significant amount, was implemented in 2006.
The landmark judgment would almost double the pension amount of the government employees, including both Central government and state government employees.
A Bench of Justices Pradeep Nandrajog and V. Kameswar Rao gave strict directions to the government to give the arrear to the pensioners within two months. The court said if the government fails to do so, it will have to pay the pending amount to the retired employees at a whopping interest of 9 per cent.
The Bench said, "Mandamus is issued to the respondents to refix the pension of the petitioners accordingly within a period of two months. In case, the arrears are not paid within a period of two months, it will also carry interest at 9 per cent with effect from 01.03.2013."
iii) The
following observations of Hon’ble SC in a recent judgement is quite apt
“Rajeshwar Singh Vs. Subrata Roy Sahara & Ors.
[Contempt Petition (Civil) No.224 of 2011]
[Civil Appeal No.10660 of 2010]
K.S.
Radhakrishnan, J.
Courts, if
they are to serve the cause of justice, must have the power to secure obedience
to its orders to prevent interference with the proceedings and to protect the
reputation of the legal system, its components and its personnel, who on its
behest carry on a court monitored investigation. The court is duty bound to protect the dignity and
authority of this Court, at any cost, or else, the entire administration of
justice will crumble and law and order would be a casualty.
............................J. (G.S. Singhvi)
............................J. (K.S. Radhakrishnan)
New Delhi,
December 9, 2013.”
11)i)That the Act does not make it mandatory for the Corporation
to obtain such CG approval in all aspects becomes clear ,for
example, the matter of payment of Medical Allowance and Revisions of Minimum Pension as
also in the matter of Family Pension, there is no provision in the Notifications issued on 22 June,
2000 and 5.09.2005 but the Corporation
has exercised the power as is vested in it under the Pension Rules without
approval of the Central Government. This proves that the Corporation has
revised the Minimum Pension and Family pension of its own accord.
ii)Similarly in the matter of award of LIC Golden Jubilee 2006 award, gold medal to all its
employees, the Board took decision and without obtaining the approval of the
Central Government, distributed the gold medals.
iii)So too, was the case of 75 % subsidy in mediclaim
premium to pensioners extended in May,2010 ,as the same existing for Employees.
iv)The announcement on the Anniversary day 1 Sep,2010 about Midday Meals
Allowance to All employees up to the rank of ED costing Rs450
cr was also an independent LIC decision. No Notification
was issued in this regard and there is no provision to this effect in any of the Rules or
the Act even. Every Anniversary, some enhancement takes place.
v)When the requirements of norm for release of PLLI-Productivity
Linked Lumpsum Incentive ,one or few are not complied with at the end of the Financial Year,
a note is put up to the Board for waiver & PLLI is enjoyed by Employees.Why different
yardstick please, on the other hand , more sympathy & empathy should be
displayed by Corporation, as Pensioners are Sr Citizens& Elders, aged &
majority above 70 years old
Please, therefore, accept our contention throwing out bias &
prejudice.
LIC cannot be allowed to make a pick and choose policy in the matter
of exercise of its authority.
vi) LIC did not ask IBA ,Neither UOI asked IBA about these benefits
conferred.
To
say Pension upgradation will create RIPPLE
EFFECT ,cannot be accepted as courts
have pronounced judgements on these too
12)i)Pension is a
social welfare measure on an assurance that they in their old age would not be
left in the lurch. Relying on Article 14 of our Constitution, the
Supreme Court gave an important ruling in that “all pensioners form a
homogenous class irrespective of their dates of retirement and are entitled to
same relief as subsequent retirees etc.’
ii)The V Pay Commission also noted that there was growing disparity in
pensions in varying degrees drawn by persons retiring from comparable
posts over the years.
iii)LIC had held talks with various
Employees/officers’ Association and had circulated agreed conclusions vide
their MOU dated 14/1/1994 that DA will be paid at the same formula as is applicable
to employee,s but while notifying the Pension Regulations the rates were
slashed to half without authority and arbitrarily— ------ MOU
dt 14/1/1994 CLEARLY SAYS ‘’SAME DR FOR PENSIONERS ,AS SAME DA FOR
EMPLOYEES’
iv)The act of discrimination
is wholly arbitrary and illegal and as
held by the Hon’ble Supreme Court in Maneka Gandhi’s case “what is arbitrary is
unconstitutional”. EQUALITY of interests & no discrimination shd be the ethical
ground & principle.That is violated by APPENDIX IV formula .Further,Kerala HC Judgement in Chandrasekar Menon T vs
UOI & Ors asserted that ‘the object of compensation & neutralization is completely
defeated by payment of DR after reducing slab at all stages .DR at decreasing
slab at all stages is unjust & unreasonable’
v)Look at DR per
slab difference Rs0.93 to 11.50 for pre-8/97 now after 8/2007 wage revision
rising to a whopping Rs 6.37 to Rs 29.25 from Asst to ED cadre
How can any sane Court accept such a lackadaisical attitude
of LIC/UOI of not helping pensioners to lead a NORMAL LIFE after such long decades of excellent service & in return such continued loss mounting &
mounting only.
A progressive organization must aim for equity & harmony & to
establish & preserve integrity of relativity in pay & pension, which is
vital. EQUALITY of interests & no
discrimination should be the ethical
ground & principle. That is
violated by Restrictive Appendix IV formula
vi)Poor Retirement benefits, pittance of Gratuity then, now Rs10
lacs,many daily disabilities & heavy expenses on all items with continued
exhorbitant inflation, & especially
medical outlay formidable, indeed eroding already low pension
vii) Maximum pension for CG pensioners
is a whopping Rs52,200 plus DR as against VPC maximum Rs33,075. FP as 30% of
Basic Pay will shoot up to Rs21,000 plus DR !! Where
are we, far far behind & yet we want to be in that desperate &
despicable position !!
viii)Besides,CG pensioners enjoy
usual pension upgradation as ALSO value-added pension in VI PC of 20/30/40/50/100%
increase in pension at ages 80/85/90/95/100. Behold the beauty of same MOF/UOI
protect their employees,with
double & triple
benefits, on top of pension upgradation,but making all unsuccessful attempts
to thwart grant of pension upgradation to Insurance pensioners
13)LIC
DATA & STRONG PERFORMANCE ENOUGH TO JUSTIFY PENSION UPGRADATION
1)Though LIC did not raise the
issue of outlay,as a matter of general importance,
i) TOTAL PENSION PAYMENTS RIGHT FROM 1995-96 TO
31/3/2011(15 years) COMES TO RS 3707.84 cr only
FOR YEAR 31/3/2012
, IT WAS RS 585.41CR ,& FOR EARLIER YEAR ENDING 31/3/2011 STOOD AT RS
497.07CR
SO,
WE CAN BE HAPPY
THAT PENSION PAYMENTS FOR ALL 45,476 PENSIONERS APP FOR 1 YEAR PERIOD ENDING
31/3/2012 is only Rs585.41cr ie Rs10,738PM ON AN AVERAGE, paltry AMOUNT indeed.
ii)Pension payments for nearly 43,000
pensioners in 2010-11, barely amounted to Rs497cr , constituting a mere 4.1% of Employees Remuneration & Welfare expenses(Rs12,055
cr) &
a still lesser 2.9% of Total Operating Expenses.(Rs 16,980cr)
iii) LIC market share increased to 84.4% in NOPolicies & to 75.3 in FPI. LIC has shown growth of 17.8% in FYPI whereas Private Companies have shown a de-growth of --4% for FY 2013-14.Individual FPI has
shown healthy growth of 9.6% inspite of challenging environment.
iv)For FY 2013—14,TPI
stood at 2,40,040cr ,a growth of 15.1%,Investment,rental
& other income Rs1,45,461 cr,growth of 16.3%,so TI 3,85,501 cr
,growth 18.1%.
v)Total Expenses of Management Rs34,447 cr,showing a rise of
9.4%,& Total
benefits paid Rs1,65,788cr,a rise of 21.6%
.
vi)LIC paid advance
IT of Rs5119 cr as against Rs4324cr for FY 2012—13
Service
tax paid is Rs4022.4 cr ,provisional ,as against Rs3682.6 cr for FY2012—13
vii)IT
Appellate Tribunal,Mumbai has given the judgement in favour of LIC for AY2007-08, 2008—09, & 2009-10,LIC received refund of Rs 4190.2 cr for AY 2007-08,&
2009-10 on 31/12/2013 .Refund for AY 2008-09
of Rs 9000cr
app is expected shortly.
viii) Year 2013-14 was a landmark year for LIC,as offices booked 2cr 49 lacs claims during the year ,which is
the highest number of claims till date ,99.68%
MCL/SB claim & 99.30 % death claim
settlement for which the entire country &all of us can be proud of.
ix)For a paltry pittance of an amount of Rs 5
cr invested by CG as capital for LIC, in the last 16 years Valuation itself,LIC
has showered more than Rs10,000 cr as bonanza from Surplus earned after valuation of its assets & liabilities.
x)It is a matter of grave concern that LIC
& UOI are acting bereft of any concern for aged pensioners, who
gave their sweat & toil to
the institution & made it multi-dimensional & many-splendoured, a
monumental Success Story, earning encomiums such as a ‘jewel in the crown ’ , ‘world-class’ , &
there is no better 3-letter word than LIC .
14)i)
3 victories in Rajasthan HC-SJ Verdict dt
12/1/2010 admitting both the
writs on Full DR to pre-8/1997 pensioners & pension revision with every
wage revision,
-ii)DB
judgement dt 21/1/2011 dismissing LICAppeals &
-iii)again
DB verdict dt 19/8/2011 dismissing LIC
Review Petition,
iv)a clarificatory order dt 17 Oct
2012 by eminent SC Bench over their earlier vague order-14 Nov 2011 --pay
amount due to its employees--–substituted ‘pay
retiral benefits from the date of eligibility’,ie date of retirement,
plus
-v)Punjab
& Haryana HC of Chandigarh echoing & endorsing in full Jaipur HC
judgement adding award of 12 % interest
for delay, plus
vi)Delhi
HC again fully basing on Jaipur HC & going beyond mere Full DR& pension
upgradation & making it applicable “
in rem “ to all pensioners, not merely petitioners, & thus
vii) all
9 Hon Judges of various Courts of one mind to allow the twin benefits being
craved for in the writs
15) i)All legal,constitutional principles have
been delineated ,
--principles of
equity, equality & justice,
--violation of
Fundamental Rights of Citizens,Articles 14,16 & 21of Constitution
-- creating
monstrous anamolies amongst various cadres
& suffering from discrimination,
---creating classes of pensioners ,heterogeneous, instead of one
homogeneous group, subdividing & subclassifying ,though all are having same length of service,
DIFFERENTIAL & DISCRIMINATORY
TREATMENT VIOLATES ARTICLE 14,16 & 21 OF CONSTITUTION .MINICLASSIFICATION IS WRONG,Pensioners are
treated as CLASS V
ii) presence of arbitrariness replete in our case, as power is wielded in a ruthless
manner by MOF/UOI to deprive silent
pensioners of what they ought to have secured long back ,& without displaying empathy on Sr Citizens.
16)i)”. Section 48(2) (cc) gives power to the Central
Government to make rules in the matter of “the terms and conditions of services
of the employees and agents of the Corporation”. The Central Government has
exercised its power under Section 48 (2) (2) (cc) and framed comprehensive Revision
Rules and Pension Rules1995. The Pension Rules defines the term “pay”
and the “rate of pension”. Thus the Corporation is
independent to take its own decisions and the Central Government has no
power to intervene unless they contravene the Policy guidelines.
ii) GOI never bothered about
the financial implications of pension revisions on its own finances but was
motivated by the need to provide further relief to its pensioners & reward
them for their loyalty or that of the State governments which had always followed GOI precedents
in giving pay and allowances and updation of pensions and family pensions
of lakhs of their retirees.
Thus the decision to deny relief to insurance pensioners etc is clearly
arbitrary and discriminatory and violative of Article 14.. LIC
counsel had confirmed that they are prepared to accept pension revision but
need UOI instructions.
It is also pertinent to point out that when GOI decided to extend the pay
scales and allowances to serving staff of Centrally controlled PSUs, it had
agreed ,as it will be seen from the circular dated 30th September 2008, that it would, if need be, fund upto
80 % of additionality of the expenditure.
iii) Most
important, GOVT Pension Regulations do not
provide for revision of pension. Central Civil Services(Pension Rules),
1972 are statutory in character . But, Govt has repeatedly gone
ahead with pension revision & with it Railways only thro
Administrative orders, without any amendment in its own Pension
Regulations.
That
did not preclude the Govt from giving effect to V CPC & again VI CPC
recommendations on an Administrative basis, many
times with better improvements & modifications. .The power to fix pay also includes the power to fix
notional pay. This is a perfectly permissible procedure being an integral part
of civic jurisprudence. Commonsense, equity,
equality, similarity in circumstances,
suggest straightaway acceptance of SAME RULE for insurance pensioners also,
left to credible LIC to do so to resolve the varied, manifold pensioners
problems without any more delay or hurt & on sound principles for solution to pay attention to those dates when discrimination arose palpably & to resolve
the glaring disparities in cadre pensions as enunciated . No different yardstick should be there as dispensers
of justice.
It is,therefore, submitted there is no need
for any amendment in LIC Employees’(Pension ) Rules, 1995
17) ABUSE OF ARTICLE 136 OF CONSTITUTION :
i). Article 136(1) of the Constitution
states:
"Article
136(1) Notwithstanding anything in this Chapter, the Supreme Court may, in its
discretion, grant special leave to appeal from any judgment, decree,
determination, sentence or order in any cause or matter passed or made by any
court or tribunal in the territory of India."
ii). The use of the words "in its
discretion" in Article 136 clearly indicates that
Article 136 does not confer a right of appeal upon any party but merely vests a
discretion in the Supreme Court to interfere in exceptional cases vide M/s. Bengal Chemical & Pharmaceutical Works Ltd. vs.
Their Employees AIR 1959 SC 633(635), Kunhayammed & Ors. Vs. State of
Kerala & Anr. 2000(6) SCC 359 and State of Bombay Vs. Rusy Mistry AIR
1960 SC 391(395). In Municipal Board, Pratabgarh & Anr. Vs. Mahendra Singh
Chawla & Ors. 1982(3) SCC 331 and in Chandra Singh Vs. State of Rajasthan
AIR 2003 SC 2889 (vide para 43 & 45), this Court observed that under
Article 136 it was not bound to set aside an order even if it was not in
conformity with law, since the power under Article
136 was discretionary.
iii). Though the discretionary power vested
in the Supreme Court under Article 136 is apparently not subject to any
limitation, the Court has itself imposed certain
limitations upon its own powers vide Ram Saran
Das and Bros. Vs. Commercial Tax Officer, Calcutta & Ors. AIR 1962
SC 1326(1328) and Kunhayammed Vs. State of Kerala
2000(6) SCC 359 (para 13). The Supreme Court has laid down that this power has to be exercised sparingly and in
exceptional cases only. Thus, in Pritam Singh
Vs. The State AIR 1950 SC 169, this Court observed (vide para 9) as
under:-
"On a careful examination of Art.136
along with the preceding article, it seems clear that the wide discretionary
power with which this Court is invested under is to be exercised sparingly and
in exceptional cases only, and as far as possible a more or less uniform
standard should be adopted in granting special leave in the wide range of
matters which can come up before it under this article."
iv) BREACH OF PRINCIPLES, BREACH OF
MORALITY, MANIFEST INJUSTICE & INEQUITY ON LESS-PRIVILEGED SECTIONS
OF SOCIETY,. ELDERS & SR CITIZENS, MAJORITY ABOVE 70 YRS OLD,IS INDEED A
SAD COMMENTARY WHICH SC BENCH SHD ABHOR & CONDEMN & ORDER COSTS & INTEREST. TO QUOTE SC-'There is no reason why the relief cannot be
and should not be appropriately moulded while disposing of an appeal
arising by grant of special leave under
Article 136 of the Constitution.”
v)Two
chances to appeal should normally be enough to decide a case.The 3rd
or 4th appeals to the HCs or SC by a person who has not even
won once before should be rejected at the threshold,legal
experts say.
vi)It is not every case where the
apex court finds that some injustice has been done that it would grant Special
Leave and interfere. That would be converting the apex court into a regular
court of appeal and moreover, by so doing, the apex court would soon be reduced to a
position where it will find itself unable to remedy any injustice at all, on account of the tremendous backlog of cases which is bound to
accumulate.
“We must realize that in the vast majority of
cases, the High Courts must become final, even if they are wrong",said SC
analysis & findings
vii)It is Justice Mathew's
opinion that- "To say that no litigant should be turned out of the
Supreme Court so long as he has a grievance may be good populistic
propaganda but the consequence of accepting such a demand would surely defeat
the great purpose for which the Court was established under our constitutional
system. It is high time we recognize the need for the Supreme Court to
entertain under Article 136 only those cases which measure up to the
significance of the national or public importance. The effort, then, must therefore be to voluntarily cut the coat
of jurisdiction according to the cloth of importance of the question and not to
expand the same with a view to satisfy every litigant who has the means to
pursue his cause."
18) SC verdict that “when a
benefit is extended to group of employees the effect of such benefit if
otherwise comes withinthe purview therepf must be held to be applicable to
other group of similarly placed employees “ So, petitioners now will embrace all pensioners for the benefit
,when achieved.
19) What we are pleading to Hon SC Bench is to effectuate meaningful
implementation of the judgements & also, in that direction,to issue orders
to LIC to operationalise & implement
both Full 100% DR to Pre-8/97 Pensioners & pension revision with successive
wage revisions for all groups of pensioners
to enable all to come under one
homogeneous group of pensioners, without pre &post labels to establish
equity & equality .
20)There
is an endless catena of crucial & landmark judgements in favour of
pensioners at HC/SC levels.
Judgements have sanctity,Judges cite several case laws & submissions by
both parties & then only announce the Verdict.We have to respect them &
not find fault.
One Rank One Pension for Armed
forces, many State High Courts verdict in last3-4 years, Recent
Madras HC verdict ,AIRIEF Chandigarh HC Verdict on Jaipur HC Pattern,latest
Delhi HC 2 Judge Bench asking Govt to pay for pre1/2006 pensioners on par with
post 1/2006 ,notfrom 1/1/2012,pensioners within 2 months failing which 9%
interest also has to be paid –all
are pointers to wards pensioners consolidation in the right direction of
pension upgradation.
21)i)Arguments advanced for obeying the
statute are not fatal to the
maintainability of the HC verdicts ,& as many as 9 Hon Judges have bestowed
attention,applied their minds after due
hearing of submissions, that too legal sittings having extended so long for
many many years & intense last 5 yrs.& concurred with Hon SJB Rajasthan
HC Verdict dt 12/1/2010.Courts have to maintain
a fine, delicate balance of the strength & purity of the submissions, the
clarity & holistic presentation with
proper delineation of reason & logic, impenetrable as it should be & as
it has been,conferring the balance of advantage in Petitioner/pensioners
favour.
i i) have seen many
many court cases of good judgements & its implementation too.Many cases go
for appeals & lost.Many cases go for further review & lost.If SLP is submitted in
all these cases, we break the very foundation of rule of law & legal
jurisprudence. So, Civil Procedure Code came into being & good
guidelines are given.
It will be a mockery of
justice if all SJ, DB, Review which itself takes 2/3/4 years is
again tried to be sabotaged by any institution or Govt. Court is for
weak, infirm, aggrieved, Sr Citizens, Pensioners If in one stroke,by SLP
any reenactment is tended to be done,the whole edifice of justice goes away
& powermongers enter the picture to thwart the long & arduous journey
already taken place under the watchful eyes of the Courts.Such actions are regarded by
all Courts as reprehensible. It means NLP which was proclaimed to be a Policy decision &reiterated
by present NDA Govt too,more forcefully,
all Action plan goes still weaker.Law dispensers cannot dispense equity
& justice.
iii)SC Bench must lay focus & attention,
not to law or statute per se, but the implications to the aggrieved ,the
violation of Fundamental Rights to citizens, more so Sr Citizens,& then
only apply any dictum with the force & impetus it had served in realizing
or sabotaging the overall superiority of canons of law.Blind adherence to
statutes & law, without weighing the force of implications,reach or
repercussions, whether help or hurt,is what should be eschewed . More paramount than mere mechanical,rugged, blind
imposition of law will be the facets of the issue,the nature of environment
& circumstances,bonafide impact, severity of loss juxtaposed amongst
petitioners/pensioners & such
other overriding & cardinal
principles tested on the touchstone of judicial
balance which should drive the Hon SC Bench to appreciate the underlying
responsibility of SC as a savior & protector of the aggrieved in the
realization of their genuine, modest demands.
iv)SC Bench will surely sense,understand ,
& realize the gravity of the
situation, the continuous loss sustained by pensioners all these years &
decades,so the remedy for the malady must prove to be a valid medicine without
killing the patient or the pensioner.13,000 pensioners have died so far &
the number of Family Pensioners have shot up from 17 % to 38 % of regular
pensioners.Who will wipe the tears of the widow , is a sad question.Pensioners only
want is to be peaceful & serene in the evening & twilight of their
lives.Insurance pensioners are still in pre IV Pay Commission mode, as Basic
pension remains same & static
untouched ever since LIC Pension Rules, 1995 was formulated & so
from 1/11/1993, 21 years no revision whatsoever .One cannot wriggle out of Constitution
the hallmark of proclamation of
Fundamental Rights & blind to this,formulate a solution.Here also, more than bonafides, the
criteria & overriding consideration Uberrima fides must prevail to click
& clinch Utmost Good Faith of litigants mercifully approaching a benign,
impartial, neutral, benevolent Hon SC Bench
which & which alone can render true, neutral,empathetic justice realizing their hardship &thus
helping & offerring pragmatic solution, in tune with reality, to the problems
tackled in so many HCs already briefed & mentioned.
v)Facts,merits,legal
concepts,intricacies,charts of anamolies in DR, Pension have come to sharp
& deeper focus earlier.Nothing is done inconsistent with any cardinal
tenet ,merits of submissions have been
weighed during proceedings.Delay has been inordinate,even after NO Stay order
of SC Bench, dt 30 September, 2013, &thanx only to generous condonation of
6 months, 23 days delay,which normally is not waived,leading to proliferation
of SLPs converted as CAs.Yet nothing which is in
derogation of Fundamental Rights or no abridgement of such Rights,if there is
any such law, then that law is inconsistent ,as Rule of res judicta comes into play laying concerns on
impractical pleas, not in tune with the facts & circumstances of the case,
as each case has to be viewed on separate platforms for merit & judicial
intervention or review.Blind applications or impositions must be eschewed in overall
interests of the affected community of pensioners craving for improvements
untouched for years & decades.
vi)It must not so happen in a democracy, in a
welfare State that after laws are made, statutes are created, there is no way
for an ordinary citizen to approach Courts, when he finds Rights & liberty
trampled upon & one cannot resign to fate cursing that he has to bear the
brunt of imposition of such laws without legal remedy or recourse.That will
convert a democracy to a dictators heyday, citizens mute spectators & silent sufferers of apathy &
neglect, delay & disdain,& imposition of draconian provisions subverting equity, law
& justice to any & every citizen of this country.Institutions &
State will run besmerk & sabotage citizens welfare ,progress & right to
equality & liberty, the eyes & ears of our sacred Constitution.
vii) Hon Courts must come to the
rescue of pensioners whoafter being driven pillar to post ,with untold
expenditure,unwarranted treatment.agony,anxiety & frustration writ large on
their faces resort to litigation by choice,here
too delays, unwanted adjournments for long solicited by institutions have
adverse impact on delivery of justice .Courts must
honour the dignity & prestige of Elders with a Specific Order in an
unqualified manner with no qualifying clause to enable pensioners to experience
justice,equity & timeliness.
viii)The human
rights enshrined for all citizens & with special emphasis for Elders
& Sr Citizens have to be protected & strengthened by the SC, not
weakened. Supreme Court is not a mere noun, it is
an adjective too.Therein lies its Supreme importance & impartiality to
protect the weak against arbitrary policies of Govt & institutions.
Why this tardy progress & miserly treatment.
Please alleviate pensioners sufferings,
please recompense adequately, please
heal the wounds,please remove the
fetters, please repair the damage.
22) It becomes clear, therefore,from
all the above , that the SLP & converted CAs are misplaced ,suffer from manifest error
& failure to understand correctly the line & logic,tone &
tenor of the various positive & favourable judgements in pensioners favour
upholding the twin benefits.
R.B.KISHORE, VP,AIRIEF