Congrats again on reaching the peak of our visitor’s gallery and for your timely flashes that enlivened the blog . “Mr.Singhvi is on his feet at 11-26 A.M on 25th March”. The immediate flash by 11-58 A.M said ” Supreme Court Appeals adjourned to 8TH of April “. The period of these thirty minutes at the S.C as per the despatches of Sri. M.S.Murty and the ensuing comments from others added the pepper and salt to put the blog in the limelight.
Setting aside the comments and controversies there is urgent need to take note of the facts which need to be tackled business like by the pensioners’ case managers to counter the double game of L.I.C and G.O.I aimed at depriving the benefit of the updation envisaged in the resolution passed by the L.I.C. It is unfortunate that the day exposed the hollowness of our united Fight at the S.C. Some how or other we should not allow Sri. GNS to play second fiddle to the management moves. All should persuade him to see reason to ensure maximum benefit to maximum number of pensioners. He has to realize the that updation secures 100% D.R neutralisation but his argument of removal of D.R neutralisation only will help the L.I.C, G.O.I combine to deprive the pensioners of updation though the resolution provided for it.
The real news is G.O.I. filed 2 appeals against Jaipur Judgment. How we can allow the G.O.I who remained silent all the while to enter the fray and initiate action to restart the process. The Jaipur Division Bench remarked that if at all there is any grievance it should be for the G.O.I to contest on the grounds of Sec.48. But they (G.O.I) remained silent. The division bench said how L.I.C having passed the resolution now prefer an appeal when the Single judge provided an umbrella for implementation of the resolution by his order. Our issue was studied by almost 7 judges at the H.C of JAIPUR, HARYANA &PUNJAB, and DELHI. One of them Justice Sikri is in Supreme Court now. Is it correct to allow an appeal by G.O.I when S.C. IS BUSY CLUBBING THE 3 CIVIL APPEALS AND STARTED HEARING THE MATTER. Earlier S.C DISMISSED THE 3 S.L.Ps of the L.I.C. but gave them an opportunity to file S.L.PS ADVISING THE L.I.C TO SEEK CONDONATION OF DELAY. ACCORDINGLY THE LIC ACTED AND WE COULD NOT GET THE S.L.Ps DISMISSED AND WE ARE FIGHTING THE CIVIL APPEALS NOW. It seems now the G.O.I is advised to do some repair work at jaipur basing on which judgment two more H.C passed orders inconvenient to L.I.C and G.O.I. IT SMELLS FISHY THAT ANOTHER GAME IS BEING COOKED UP BY THE LIC-GOVT. COMBINE TO FRUSTRATE OUR STRUGGLE FOR UPDATION OF PENSION. SO OUR BLOG SHOULD LOOK INTO THE MATTER AND GET THE DETAILS OF THESE APPEALS BY THE G.O.I SO THAT LEARNED PENSIONER FRIENDS STUDY THE MATTER AND LOOK TO IT THAT THE APPEALS ARE DISMISSED LOCK STOCK AND BARREL. IT IS HIGHLY RISKY TO ALLOW THE APPEALS TO BE HEARD NOW.
Coming to the aggressive skills of Mr. Singhvi, do we have the confidence and courage to counter him. His statement LIC pension Rules do not provide for UPGRADATION. IS IT SO THEN LET US KEEP QUITE. I THINK THE RULES HAVE THE FORCE OF LAW AS THEY WERE CREATED U/S 48 OF THE L.I.C ACT. THE PRINCIPLE OF UPDATION IS ENSHRINED IN RULE 36 AND IS BEING IMPLEMENTED. THE GOVT. NOTIFICATION DT. 20-6-2000 EMPOWERED THE L.I.C TO AMEND THE RULES ON MIN. PENSION (RULE36) DEARNESS RELIEF AND FAMILY PENSION. IT IS A FACT THAT THE CHAIRMAN OF L.I.C UPDATED THE MIN. PENSION IN 2002 AND 2007 WITHOUT WAITING FOR THE CLEARANCE FROM THE GOVT. BECAUSE OF THE AUTHORITY VESTED IN HIM BY THE G.O. DT.20-6-2000. IN THE LIGHT OF THIS G.O., THE L.I.C REVIEWED THE POSITION OF THE DEARNESS RELIEF TO THE PENSIONERS. THE MANAGEMENT FOUND DIFFICULTIES IN ADMINISTERING THE TAPERING D.R STRUCTURE TO PRE AUG1997 RETIREES AND ALSO THE NEED TO UPDATE THE PENSION IN THE LIGHT PROVISIONS OF RULE 56 WHICH AIMED AT PROVIDING BENEFITS WHATEVER THAT MAY BE AVAILABLE TO THE CENTRAL GOVT. EMPLOYEES RULES 1972. UPDATION WAS PROVIDED TO CENTRAL GOVT. EMPLOYEES BY THE CENTRAL PAY COMMISSION BY 1996 AND IN 2006 ALSO. IN THE LIGHT OF ENABLING PROVISIONS OF RULE 56 AND IN THE LIGHT OF THE G.O. WHICH GAVE POWER TO LIC CHAIRMAN TO AMEND THE RULES AFTER SOME CONTEMPLATION THE LIC BOARD PASSED A RESOLUTION TO BENEFIT THE PRE97 RETIREES AND UPDATING THE PENSION. AS A MEASURE OF ABUNDANT CAUTION LIC SOUGHT THE FORMAL APPROVAL OF THE GOVT. THUS RULE 36 AND 56 GAVE MUCH SCOPE TO UPDATE THE PENSION.
FURTHER L.I.C WAS DECLARED AS A STATE IN A DECIDED CASE. THE RESOLUTION OUGHT TO HAVE BEEN APPROVED BY GOVT. OF INDIA BY ADHERING TO THE RULE 55-A (POWER TO RELAX). GOVT OF INDIA ADDED THIS RULE TO PENSION RULES BY A G.O. IN THE YEAR 1999. THIS IS AIMED AT HELPING THE RETIREES FROM THE HARDSHIPS AND DIFFICULTIES FACED BY THEM BECAUSE OF THE PENSION RULES. IT IS THE DUTY OF THE GOVT. OF INDIA TO IMPLEMENT THIS RULE MORE SO WHEN THE L.I.C BOARD PASS A RESOLUTION IN THE MATTER. IN INSTANT CASE THE G.O.I KEPT QUITE. THE RULES ARE TO BE RESPECTED AND IMPLEMENTED TO MAKE THEM BENEFICIAL. OTHERWISE IT AMOUNTS TO WAIVER OR ABDICATION OF AUTHORITY. IN SUCH CASES THE IMPLEMENTER OF THE RULE HAS TO IMPLEMENT BUT SHOULD NOT TORTURE THE BENEFICIARY ESPECIALLY SR.CITIZEN WHO IS AT THE FAG END OF HIS LIFE.
SO THE MATTER WAS AGITATED BEFORE RAJASTHAN H.C. AND LATER AT P&H AND DELHI H.CS . ALL THE COURTS DECIDED THAT THE L.I.C SHOULD IMPLEMENT THE RESOLUTION . THE JUDICIAL PROCESS REACHED THE SUPREME COURT AND THE RETIREES ARE BEING DEPRIVED OF THEIR LEGITIMATE DUES BECAUSE OF THE VEXATIOUS LITIGATION PURSUED BY THE L.IC SPENDING HUGE FUNDS OF THE POLICYHOLDERS .
ANOTHER POINT RAISED BY MR. SINGHVI IS - THE COURT HAS TO DECIDE THE POINT OF LAW, WHETHER SEC.48 COMES INTO PLAY. THE ISSUE WAS DECIDED BY THE THREE HIGH COURTS IN THIS MATTER . THE SIMPLE QUESTION IS SEC. 48 OF LIC ACT SUPREME OR THE CONSTITUTION OF INDIA SUPREME. CAN SEC. 48 GIVE AUTHORITY TO CREATE RULES WHICH ARE VIOLATIVE OF THE FUNDAMENTAL RIGHTS. WHEN IT IS POINTED OUT BY THE MANAGEMENT ITSELF THE PROBLEMS INHERENT IN THE RULES CREATED BY SEC.48, AND JUDICIARY ORDERED REMOVAL OF THE ANOMALIES CAN GOVT. OF INDIA INDIRECTLY FORCE THE LIC MANAGEMENT TO PERPETUATE WITH THE ILLEGAL RULES AND ENCOURAGE THE MANAGEMENT SPEND HUGE AMOUNTS ON THE LAWYERS HAVING POLITICAL CLOUT TO PROLONG THE LITIGATION.
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FURTHER LIC WAS ALLOWED TO ACT WITHOUT RECOURSE TO SEC. 48 ON NUMBER OF OCCASIONS TO CONFER BENEFITS TO THE EMPLOYEES , IN RECRUITING THE STAFF (48(J), PROFIT LINKED INCENTIVES IN LIEU OF BONUS, SUBSIDISED MEDICAL SCHEME LUNCH COUPONS ETC, THAT APART LIC INVESTMENTS ARE BEING MADE WITHOUT INVOKING SEC.48 (G) eg. PURCHASE OF ONGC SHARES. IT WAS PUBLICISED LIC PURCHASED THESE SHARES IN BULK AT THE LAST MOMENT AS PER THE ORAL ORDERS OF THE G.O.I. AS SUCH HAVING CREATED ILLEGAL RULES THE L.I. C CAN NOT PERPETUATE WITH THOSE RULES IN CONNIVANCE WITH THE G.O.I. IS SEC. 48(G) TAKEN WHILE APPOINTING EMPLOYEES AND AGENTS RELATIONS COMMITTEE. BUT ONLY INSISTED FOR PENSIONERS BECAUSE THE MANAGEMENT TAKES THE PENSIONERS FOR GRANTED. MORE SO WHEN IN SERVICE EMPLOYEES ARE NOT INTERESTED TO FIGHT FOR THEM.
LAW IS COMMONSENSE AND LOGIC BASED ON NATURAL JUSTICE AND FAIRPLAY AND EQUITY. THE DISPENSERS OF JUSTICE MUST KEEP THIS IN VIEW AND GIVE PRIORITY TO THE HUMAN VALUES. MORE SO WHEN THE VICTIMS ARE THE SENIOR CITIZENS FIGHTING TO UNDO THE INJUSTICE DONE TO THEM BY THE LAW MADE WITH VENGEANCE . IT IS HISTORY HOW THE LIC ACT 1956 WAS AMENDED. THE THEN GOVT OF INDIA LOST ITS FACE WHEN THE SUPREME COURT UPHELD THAT BONUS CASE FOUGHT BY THE AIIEA . BUT JUSTICE KRISHNA IYER GAVE FACING IN THAT THE GOVT. MAY AMEND THE LAW ONLY. SMT. INDIARA GANDHI IMMEDIATELY SAW TO IT THE LIC ACT WAS AMENDED IN 1981 INCORPORATING SEC 48(2) . SHALL THIS VENDETTA BE CONTINUED MORE SO ON THE POOR PENSIONERS IN THEIR ADVANCED AGES. NO IT SHALL NOT PASS WHEN THE MATTER IS UNCONSTITUTIONAL.
COMING TO THE POLICY. WHOSE POLICY - L.I.C OR GOVT. THE POLICY OF THE L.I.C WHO PROVIDE LAKHS OF CRORES TO THE GOVT OF INDIA FOR DEVELOPMENT , WHO HAVE BEEN PAYING HUGE DIVIDENDS FOR THE CAPITAL INVESTED BY GOVT. - IS ONLY TO BE IN THE GOOD LOOKS OF THE GOVT. SPECIALLY FINANCE MINISTER NAY EVEN THE SECRETARIES AND JOINT SECRETARIES.
COMING TO THE POLICY OF THE GOVT. THE GOVT. OF INDIA HAS ACCEPTED THE POLICY OF UPGRADING THE PENSION OF THEIR RETIREES EVER SINCE 1996 ENDORSED AGAIN IN 2006. APART FROM THE EXECUTIVE AND EMPLOYEES THE JUDICIARY AND EVEN THE LEGISLATURE MEMBERS ARE ENJOYING THE BENEFIT OF UPDATION OF PENSION. WHEN THE DEFENCE PERSONNEL WERE KEPT OUT OF THIS POLICY PURVIEW OF THE BENEFIT OF UPDATION THE APEX COURT RENDERED THEM THE MUCH NEEDED JUSTICE AND ORDERED ”OROP” EVEN NOT MINDING TO PUT THE GOVT. OF INDIA TO MUCH INCONVENIENCE. THIS IS ONE INSTANCE OF THE INDEPENDENCE OF OUR JUDICIARY. SIMILARLY THE GOVT. OF INDIA POLICY IS REFLECTED IN THE PENSION PAYMENT IN PORTS , RAILWAYS ETC. SOME OF THE STATE GOVTS. ARE ALSO PROVIDING THE BENEFIT OF UPDATION TO THEIR PENSIONERS. INTHIS BACK GROUND OF THE POLICY OF THE CENTRAL AND STATE GOVT. THE L.I.C WHICH IS A STATE SHOULD FOLLOW THE POLICY OF THE GOVT. THE PENSION IS A WELFARE MEASURE AND ACCEPTED AS DEFERRED WAGES. THE PENSION IS PURCHASED BY THE LIC EMPLOYEES BY FOREGOING 50% OF THEIR PROVIDENT FUND .
OUR GOVTS. BOTH AT CENTRE AND STATES RECOGNISED THE NEED OF WELL FARE MEASURES TO THE PUBLIC. APART FROM PROVIDING FOOD SUBSIDIES , FREE HEALTH THEY PUMP IN THOUSANDS OF CRORES TO PAY PENSION TO THE ECONOMICALLY WEAKER SR.CITIZENS , THE PHYSICALLY HANDICAPPED, WOMEN, FREEDOM FIGHTERS DESPITE THE HEAVY DEFICIT BUDGETS OF THE GOVTS. SUCH OF THESE PENSIONS ARE ALSO REVIEWED PERIODICALLY AND REVISED.
SO UPDATION OF PENSION TO THE PUBLIC AND THE GOVT. EMPLOYEES IS A NATIONAL POLICY OF THE STATE . BUT L.I.C A STATE TRIES TO TAKE ADVANTAGE OF Sec. 48 TO DENY THE PENSION BENEFITS DUE TO THE RETIREES AS PER PENSION RULES OF L.I.C . WHEN WILL THEY IMPLEMENT THE RULE 56. HOW LONG THEY PERPETUATE WITH THE DISCRIMINATION IN D/R FORMULA. IT IS UNFAIR TO SPEND HUGE AMOUNTS ON THEIR COUNSEL TO PROLONG THE LITIGATION .
MAY I INVITE OTHER PENSIONER FRIENDS AND EVEN IN-SERVICE EMPLOYEES TO STUDY THE ISSUES AND SUGGEST SOME POINTS TO FIGHT OUR CASE AT APEX COURT SO THAT INJUSTICE BEING PERPETUATED AGAINST US SHALL BE STALLED. I APPEAL TO ALL THE CASE MANAGERS TO SHED THEIR INHIBITIONS RESERVATIONS FOR A WHILE TO EXPOSE THE FOUL PLAY OF THE MANAGEMENT /GOVT. COMBINE . OTHER WISE THE AIDS OF MARCH WILL LEAD TO APRIL FOOL - PENSIONERS NOT FOOLS I AM CONFIDENT.
V.S.PRAKASARAO
FROM VISAKHAPATNAM