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ALL-ROUND PRESENTATION OF FACTS & FIGURES, DELINEATION OF DOCUMENTS & POINTS OF LAW,REBUTTAL OF ISSUES RAISED BY LIC & UOI & HINTS TO SR COUNSEL : D DAY 8 APRIL,2015
(Article released in colours as received and as desired by Shri RB Kishore)
ALL-ROUND PRESENTATION OF FACTS & FIGURES, DELINEATION OF DOCUMENTS & POINTS OF LAW,REBUTTAL OF ISSUES RAISED BY LIC & UOI & HINTS TO SR COUNSEL : D DAY 8 APRIL,2015
1) i)DR: SURPRISING now they say can’t be given to pre-8/1997 pensioners,as it was aPACKAGE DEAL & UNDERSTANDING with Unions etc
MOU dt 14/1/1994 between LIC & Unions clearly & explicitly says ‘ DR to pensioners will be given at such rates as may be determined from time to time in line with the DA Formula in operation in LIC.’ This only means Same DR to Pensioners as Same DA for Employees.This was circulated to all by LIC CO Per/ER dt 14/1/1994 as part of Agreed Conclusions in Point No 7.
However, when the Pension Rules 1995 were gazetted by LIC , it surreptitiously included a villain in the form of Appendix IV which provided for reduction of slabs of DR to half that of DA Slabs—and as a result in one stroke , DR got reduced to about half –thus resulting in a reduced and truncated DR being imposed on retirees right from the very inception of the pension Scheme ie right from the date of retirement of the Employee. This was a betrayal of promises , commitments and MOU with the in-service Employees and a stab in their backs
ii)As per the above Notification, the groups of pensioners from 1-8-1997( cut- off date for wage agreement period 1-8-1997 to 31-7-2002), were granted 100% neutralization which is the same for in-service employees for the first time in LIC , while the earlier pensioners group prior to 1-8-1997 were excluded from the benefit.In other words Appendix IVis deleted for retirees from 1-8-1997, and also that DR formula is rectified from 1-8-1997 only.There cannot & should not exist any restrictive process or provisions ,nullifying better benefits,allowed for others but denied to the pensioners.
iii)Many organizations, in fact,have dialogues with Employee unions & umbrella Organisation of Employees & Pensioners,with Notes circulated before & with many internal rounds of discussions , before wage talks commence ,for a clear understanding of the different issues, for equity & harmony & to establish& preserve integrity of relativity in pay & pension,which is vital.
EQUALITY of interests & no discrimination shd be the ethical ground & principle.That is violated by RESTRICTIVE APPENDIX IV formula
iv) 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 .
Now 5 Groups of pensioners corresponding to Wage Charter period, DR payment discriminatory to each group is a flagrant violation of Agreed conclusions .Parity between pensioners & in-service employees is thrown to the winds.Look at the significant loss for all cadres & if one notices the CPI 600,1148,1740,2328,2994 & it is jumping as at 1/8/2012 to 4328 , difference of 1334 in view of continued double digit inflation now only abating slowly, as against about 600 points or 150 slab difference in 5 years.
This is downright discrimination between pre-8/1997 pensioners & post-8/1997 Pensioners & Employees.SC must remedy the serious malady by declaring Appendix IV as null & void, ultravires of the Constitution & void abinitio.SC must order LIC to pay the difference in DR to pre-8/1997 pensioners from the date of their retirement.
How can any sane Court & more so a Supreme Court, accept such a lackadaisical attitude of not helping pensioners to lead a NORMAL LIFE after such long decades of excellent service &in return such continued loss mounting & mounting only.
HOW can any progressive organization bind Future employees & pensioners to a limited agreement & more so with illegalities & insufficiencies & adverse repercussions on pensioners ,disturbing the CONCEPT of EQUALITY
v)Kerala HC ,Chandrasekar Menon T vs UOI & Ors :
‘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’
2)i) LIC Board Resolution Dated 24-11-2001 Is the Achilles heels for both LIC Mgmt. and C.G., and is also the trump card for the LIC Pensioners. LIC Mgmt. had complicated and compounded the issue by seeking C.G. approval. It had abdicated its responsibility by not following up the matter with the C.G. , and now, after many many long years can not say they are still waiting for C.G. approval as this hurts them.
Their subsequent prolonged silence amounts to their tacit approval only.What is more, when the CG previously had the opportunity and duty to speak before the court but failed to do so, it invites the wrath of the doctrine of estoppel by silence, by which it is now prevented from making an assertion to the disadvantage of the pensioners.
To say now, thro latest SLP that UOI had rejected LIC Board Resolution smacks of haphazard utterances amounting to fabrication & a cavalier attitude to past Court proceedings.No Court on earth shall tolerate art of discrimination in any form,trampling Human Rights & Equality
ii)a) DIFFERENTIAL & DISCRIMINATORY TREATMENT VIOLATES ARTICLE 14,16 & 21 OF CONSTITUTION
b)MINICLASSIFICATION is WRONG,
c)Pensioners are treated as a subordinate CLASS
iii)11/12 yrs no decision on LIC Board Resolution, an august & responsible Body of Eminent people from different walks of life with 2 Sr Secretaries of MOF present, what more is needed.
Postponing a decision ,that too for so long, Hon SJ observed, should be taken as direct or indirect acceptance of that Resolution only.Keeping issues & problems under the carpet,careless & dictatorial attitude towards Elder/Sr Citizens/Pensioners must be put down by Hon SC Bench with the contempt bureaucrats deserve.SC Bench should address to the day of dawn of cultured, civilized behavior of Decision-makers with a Deadline & at any rate, keeping live issues brought forth by Prominent leaders of society in LIC Board should not have allowed such a tragic & repulsive situation to fester wounds , dismay & frustration amongst the eldest pensioners ,with one foot here & another in the grave.
iv) 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, no withdrawal of LIC Board Resolution,the eminent Judges asserted , U can’t withdraw, we will not allow u to withdraw, it is now common property of Rajasthan HC' WHEN SUCH IS THE CASE, UOI wants to put the clock back.& that too after such unpardonable 5 year delay from 12/1/2010.
v) The Notification dt 22/6/2000 artificially divides the pensioners into 2 groups—the pensioners from 1-8-1997( cut off date for Wage Agreement period 1-8-1997 to 31-7-2002) and the pensioners prior to 1-8-1997—and while conferring 100% neutralization (which is the same for in-service employees for the first time in LIC) and future Wage Settlement Revisionary benefits to the post Aug 1997 pensioners( a younger and an increasing group) it has denied the same benefits to the pre Aug 1997 pensioners( an older group and a dwindling species)! In other words Appendix IV is deleted for retirees from 1-8-1997 and also that DR Formula is rectified from 1-8-1997 only.
This being a blatant violation of Fundamental Rights, in order not to allow escalation of the matter, and give a finality to the issue, the Hon’ble SC can be requested to declare this Amendment Notification as null and void ab initio.& as ultravires of the Constitution.This must be substituted by open, transparent & ethical doctrine of ---allowing Same DR for Pensioners as is allowed for in-service employees with Full neutraisation of cost of living index--& thereby nullifying negatives,removing loss & introducing unambiguous dictum,clean in principle ,with no strings attached
3)i)Here is the important & crucial line in the Note prepared by EDP paving the way for the Board Resolution dt 24/11/2001, as a result of a query raised by Dr Ram Khanna,then independent LIC Board Member “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)Further, it is to be borne in mind that LIC itself ,in its SECRET letter dt 31/12/2001 to then Joint Secretary,MOF,Sri Ajit Sharan, secured under RTI & 11/8/2003, to MOF/UOI state clearly “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. ” This clinches the issue of successive pension revisions with every wage revision. It stretches & goes beyond Board Resolution to capture full & continuous pension revision at CPI 600,1148, 1740, 2328,2994.
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 ”
iii) Basic Pension unchanged & static right from 1/11/ 1993 ,a long long 21 yrs !! is unthinkable & unjust;it will be a travesty of justice,building up, perplexing anamolies, glaring discrepancies & unbridgeable paradoxes, 8/9 cadres below,a Peon getting more pension than pre-8/1997 ED & so,has to be addressed & redressed,by LIC. Basic criteria is grant of similar pension for all those with same length of service & that is violated. It is an anachronism that LIC pensioners still continue in pre-1995 IV Pay Commission mode. But in spite of our followup for several years,with LIC & MOF/UOI, as nothing came out in the form of a solution,we had to resort to Courts alone as our savior & so came the Umbrella judgement of Rajasthan, Jaipur HC by SJ Hon Bhandari dt 12/1/2010 conferring twin benefits of pension revision with every wage revision to all pensioners & Full DR to pre-8/1997pensioners ,as being paid for Employees & eliminate discrimination as post 8/97 pensioners were paid Full DR.
iv) Basic pension for the 2 wage revisions 8/92-7/97 & 8/97-7/02 stand at,for Asst to ED: Rs 3210 ----Rs7000 & Rs4498 ----Rs 11,800 respectively & for the wage agreement 8/2002 –7/2007, Rs8845--18050 .For the wage agreement 8/2007—7/2012, Rs 10525--29925
Even Commuted pension after 8/2002 is higher than Basic Pension of pre-8/97 pensioners
& after 8/2007 wage ,CP is even equal to earlier ADM’s Total Pension.
This shows such a shabby, miserly pension to the pensioners .Position will be ridiculous if no revision of pension takes place, as is ordained in several Case Laws,& IV, V, VI Pay Commission pronounciations.
v)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. All around tragedy, depicted truly & correctly without an iota of exaggeration, with this holistic picture & panorama presented underscores dire need for Pension Upgradation.
vi) Manmohan C vs Kerala State Warehousing Corpn ,MOF utterance that such grant of pension updation will lead to repercussionsin PSBanks & elsewhere –‘is nothing but a concocted bogey by Central Govt .Such a statement is unfounded ,& is nothing but meekness & has no constitutional or legal foundation.’
This throws out the so-called Ripple effect on banks etc theory offered as an excuse by UOI
vii) Justice Khandelawal Committee Report claims that Institutional settlement is the only logical & coherent answer to such issues & not jumbo for all, as industry-wise is on macrobasis,susceptible to improprieties & inefficiencies & so not conducive & full scope & powers on all HRD,Personnel matters including wage/pension as necessary concomitant to CEOs .
viii) Static,unchangeable basic pension is unthinkable.We have outlined subsisting Regular Pension wide cleavage & difference in relation to CG RP. CG FamilyPension itself is higher than LIC RP. LIC Basic FP ranges, after death of RPensioner is ,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
Maximum CG Regular pension is a whopping Rs52,200 plus DR as against V PC maximum Rs33,075.
CG BASIC Family Pension is itself a high Rs21000+DR .Such monstrous differences & perversities can be set right only by a Sane Judiciary determined to cure the malady persisting for so long. Regular Pension upgradation assumes importance in this context.
ix)a) ‘The pathetic condition of a class of people arbitrarily alienated from the beneficial stream of pensioners, ‘is a clear,distinct, blatant violation of Articles 14,16 & 21 of Constitution.& ’LIC pensioners are one integral group & cannot be divided into different classes.Date is an irrelevant factor when alteration in pension is made.’ ’What is discriminatory is arbitrary & what is arbitrary is unconstitutional.’ It is now a well settled law that what Art. 14 strikes at is arbitrariness, because any action that is arbitrary must necessarily involve negation of equality.
b)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 anessential element of equality or non-arbitrariness pervades Article 14 like a brooding omnipresence."
Simply put, there cannot be a 1st class treatment for some & a 3rd class treatment for others similarly circumstanced . Factors affecting daily life & living are the same & so solutions also should be in similar directions
c)Rules which provide for differential treatment amongst the same class of employees are violative of Articles 14, 16 and 21 of the Constitution and are not enforceable.
While in the instant case the retired employees are being treated unequally in as much several classes have come up amongst the one class of retired employees (pensioners), this miniclassification itself is violative of Articles 14, 16. No law permits creation of different classes amongst one class.
SC has never sacrifice the hallowed & time-tested principle of equality & equity & detest any trace of discrimination .
x) SC 5-Judge Nakara judgement affirms 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.itshould be fixed,revised,modified & changed in ways ,not entirely dissimilar to the salaries granted to serving employees
xi)“Learned counsel for petitioners, in Jaipur HC, 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
Hon’ble Rajasthan High Court has held that, on the basis of date of retirement, there cannot be any discrimination between the Pensioners interse & anything done within the Scheme of Existing Pension Policy must be duly & necessarily extended to all past pensioners too.
xii) LIC Board Resolution dt 24/11/2001 is to be regarded as a Foundation & a Stepping Stone,to erect a sound superstructure & edifice of a limited version dictum, as at that point of time, next wage revision was yet to be negotiated extended to continued pension upgradation in view of monstrous anamolies & glaring discrepancies amongst cadres.Hon SJ Bhandari interconnected the principle of equity & equality,wanted to put an end to inter-cadre gigantic anamolies unbearable,& then only pronounced his Judgement dt 12/1/2010 admitting both the Writs of DR & Pension Upgradation.
4)i) No amendment in the Pension Rules is required ,because there is no provision in the Pension Rules that pension will never be revised .
ii)RELIEFS CLAIMED DO NOT OFFEND ANY OF THE PROVISIONS OF LIC PENSION RULES,1995
iii)There are clear provisions in the LIC Pension Rules 1995 for revision and up gradation of pension.
iv)Chapter III of Pension Rules state :
Rule 5 (2) :Creating a separate LIC of India( Employee) Pension Fund, “ the Rule states that the Fund shall have for its sole purpose the provisions of the payment of pension or Family pension in accordance with these Rules to the employee or his family.”
Rule 5(3): forcefully and specificallyconfirms that” the Corporation shall be a contributor to the Fund and shall ensure that sufficient sums are placed in it to enable the Trustees to make due payments to beneficiaries under the Rules”.
Rule 13(b): 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) purchase additional annuitiesas and when it becomes necessary to revise upwards the benefits payable in accordance with these Rules.
v) RULE 56 of LIC Pension Rules is clear.”Matters relating to pension and other benefits in respect of which no express provision has been made in these rules shall be governed by the corresponding provisions contained in CCS(Pension )Rules 1972 or CCS(Commutation of pension ) Rules 1991 of CG Employees
5) i)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.
ii) a) If UOI feels that its own pensioners numbering over 35 lakhs deserve periodical updation and with a rider that their pension should not be less than 50% of the revised pay for the grade posts occupied by them, then where is the objection for similar treatment of similarly placed retirees of financial institutions. As regards huge financial outlay feared, it is to be pointed out that the GOI incurred an expenditure of over Rs 30,000 crores annually for payment of pensions and family pensions from each year’s budget without a special fund after implementation of the 5th PC . For GOI, this burden has also considerably increased after the implementation of the recommendations of the 6th CPC.
b)GOI never bothered about the financial implications of these 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 but need UOI instructions.
A U-TURN at this last stage is concocted untruth, wants to reverse the forward-looking trend so crystal clear believing some clutches will emerge,& above all, furnishing points & issues never raised before in any of the Courts or sittings & hearings.Let us pray that proves Counter-Productive & earns the wrath of SC Bench with this vast materials embracing almost ALL issues pertinent to take an impartial, equitable, justifiable & justiciable Verdict to be acclaimed by Entire Pensioner Fraternity of ALL institutions & Govt & other Undertakings too.
c)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 was seen from the Circular dated 30th September 2008, that it would, if need be, fund upto 80 % of additionality of the expenditure.
NEVER NEVER LIC goes to Govt with a begging bowl.On the other hand, as later paras forcefully portray ,LIC goes to offer a lending helping hand to Govt & saves UOI from ignominy.
d)That did not preclude the Govt from giving effect to V CPC & again VI CPC recommendations. VI Pay Commission also added value rightly, increased % of pension at ages 80,85,90,95 & 100 years to the tune of 20,30,40,50 & 100% ,which we don't secure & that demonstrated empathy towards Elders. Older Govt pensioners had,therefore, an added reason to rejoice.
No different yardstick should be there as dispensers of justice.
Policy makers & 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 .
e) Another important argument is that as the New Pension Scheme had come into force in LIC w.e.f 1-5-2010, all new recruits of the last 5 years and further new recruitment will not come under the purview of pension up gradation and this becomes a close ended scheme.
6)i)The following data ,so vital & critical ,for SCBench, blasts UOI or LIC theory that this will adversely affect banking industry, this will have Ripple effects on others,Employee costs will suffer, Policyholders interests may be sacrificed , are all belated concoctions to subvert justice & perpetuate inequities & promote inequalities.This is the Very Opposite of the Sacred & Sanctified Fundamental Rights enshrined in the Constitution & SC Bench will go all the way to uphold these in full measure ,tracing & harping injustice ,wherever present, more so in an Instn of unparalleled eminence & sparkling in glory,even amidst turbulent competition ,raising its head above,& it is,on the other hand,as pointed elsewhere,such orgns ,earning accolades of praise from ALL quarters & Awards galore every year,must deserve the Highest compensation package ,in an oasis of efficiency & a standing example of financial solvency & rocklike stability
a)Surplus 5 % to Govt Rs 830cr,929cr, 1031cr for 2007/08, 2008/09 & 2009/10,Rs1138cr in 2010/11 & Rs1282cr in 2011/12. & Rs1435cr in 2013-14.
Surplus last 16 yrs alone,LIC paid to Govt crossed Rs10,000 cr ,a Kamadhenu indeed, & all on a mere Rs5cr given by Govt on 1/9/1956
b) 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
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 anytime.
c)5-Year Plans ,People money for People Welfare,tremendous fillip given by LIC to Nation & citizen’s welfare. For FY2013—14,Investments of LIC rose by 41% to Rs 278,340.7 cr , as against Rs196,828.4 cr in FY 2012-13
d)Investment,rental & other income Rs1,45,461 cr,growth of 16.3%,
Total Income is pegged at Rs 3,85,501 cr ,growth 18.1%.
Total Expenses of Management Rs34,447 cr, showing a rise of 9.4%
e) WHAT AN ENTITY, in fact , ALL CONSTITUENTS OF such EMINENT INSTNS MUST HAVE ALL BENEFITS, PERKS MUCH MUCH HIGHER FOR THE OUTSTANDING PERFORMANCE.
f)LIC was set to settle a whopping Rs90,000cr as Maturity claims & Survival benefits during the year 2013-14,which eclipses the premium of all private life insce companies put together !!
LET UOI understand Policyholders interest s or concerns or Employee interest need never be sacrificed by this noble institution.
ii)WE took correct figures of PENSIONERS RP as well as FP bifurcated ,not all in jumbo together. While CO actuals were taken as app 14460 Pre- 8/97 till 31/7/2007, we took 25,764 in all 40224 comprising 27,952 RP & 12,272 FP. BUT,as actual pensioners figures till 2009-10 itself, TP is 41,676 only ie 1452 more taken into account,so, OUTLAY figures come down much lower.
Outlay taking into account all pensioners at the Maximum of the grade is what was quoted.But realistic & pragmatic calculations done on the basis of reasonable assumptions, at the Midpoint grade, was much lower.Some amount was also added in respect of Section Heads & Supdts ,which cadres were abolished long before.Outlay in their case will be nominal. Only because of delay & delay, years get added & so too outlay. It must be EMPHASISED before Hon SC Bench that outlay PER ANNUM is very moderate,app Rs110/120cr per annum & only because of setting right discrimination from the date it arose, cumulative figures get added with every passing year.Death toll also rises astronomically, sad & grim picture, My Lord.
iii) Outlay needed is not even the tail of the Wage agreement PLLI ,2013-14 ranging 2% to5%app Rs 90/100cr or
the tail of the Meal Coupon gift on September Anniversary ,Rs 450cr app or
a tail of other Allowances other than DA, HRA, CCA granted to employees.
There should not be a miserly, lackadaisical treatment meted out to diminishing tribe of pensioners ,who brought name, fame & reputation to the Institution.
Board consent was secured , tho PLLI norms were not met & employees got benefit , even if not qualified or eligible.
Why not this magnanimity be exhibited towards lesser mortals like pensioners, who richly deserve more than the pittance they get now & still languish with same Basic Pension, untouched last 21 years.
Similar such outlay can well go to grant pension upgradation & to augment pensioners welfare & enable them to lead a life of dignity in the twilight years of their lives.
iv)Gold Coin 8gms to all employees but NOT to pensioners ,was an internal LIC decision,Rs100cr.After Jaipur HC verdict,Rs3000 was given to Pensioners !!
Domiciliary yearly benefit granted ONLY to employees but not to MORE DESERVING Pensioners was yet another.So too,Medical chaeck up allowances Yearly at various ages for Employees right from age 45, stepped up as age goes up, but NOT offerred to Pensioners who writhe with multi-illnesses & highend potent dangerous diseases ,couldnot prevention better than cure & so given neartly to Pensioners, but NO,though being pusued,--
All these, no envy but only a sane plea for Empathy & richly deserving Elders ,that is all.In short, OUTLAY theory is bunkum, what is needed is peanuts for LIC & can be gladly showered thro Pension upgradation of Rs110/120 cr pa.
7) i)Total number of pensioners stood at 38,200 in 2006-07,38434 in 2007-08 & 43,043 in 2010-11. It is just 1907 pensioners only per Year added All India,app 238 perZone.
ii)TOTAL PENSION PAYMENTS RIGHT from 1995-96 to 31/3/2011 for 16 long years comes to Rs 3707.84 Cr only .WE can also be HAPPY that PENSION PAYMENTS for ALL 45,476 PENSIONERS for 1 YEAR PERIOD ENDING 31/3/2012 is only Rs585.41Cr ie Rs10,738PM ON AN AVERAGE,very small AMOUNT .
iii)Judged from other angle too, Pensioners are on SOLID grounds,feet firmly on earth,
OPERATING EXPENSES & EMPLOYEES REMUNERATION & WELFARE EXPENSES.
Extracted from LIC performance as at 31/3/2011 from website & audited accounts
a)TOTAL OPERATING EXPENSES--31/3/2010 :Rs 12,246 cr : Rs422Cr PENSION PAYMENTS 3.45% only
--31/3/2011 :Rs16,980cr: Rs497cr PENSION PYTS 2.93% only
It is crystal clear, a lion’s share is utilized for Other operating Expenses & Serving Employees welfare.Then why not pensioners be allowed pension revision with every wage revision as Outlay Per annum is moderate & app works out to Rs 110/120Cr only,peanuts for LIC.
iv) Sri Arun Jaitley,present FM ,when he visited “Yogakshema” on 9th January, 2015, observed, ‘the Country depends on LIC to a great extent. LIC is a Role Model of how a state sector instrument can,while maintaining arm’s length distance,take prudent commercial decisions and LIC has done exceedingly well.The Market is going to be more competitive and the ‘Best of LIC’ is yet to come .’
SHOULD NOT LIC NOW HONOUR COURT VERDICTS, one by one,,all of which has come only in PENSIONERS FAVOUR?
v) In this context,we should heartily welcome MOF Circular dt 5th January, 2015 to CEOs of all PSBs,Financial Institutions, Insurance companies giving assurance of freedom of non-interference on commercial decisions as well as in Personnel matters perhaps heralding independent Corporate governance.
vi) Family Pensioners have crossed 15,000 out of total 48,000 pensioners app. FP % to RP-Regular Pensioners has jumped from 17 % to 38 %,sad indeed.
Lack of money power,lung power,muscle power,political power,must be compensated & addressed ultimately by Supreme Court.
Facts are clear as crystal, reason & logic of demands are powerful, no one can deny discrimination, decades have rolled by, none to wipe the tears, demands are modest & legitimate,
Court victories are galore & successive, one after another.
8) i) SC Bench on 17/10/2012 issued a clarificatory order about the amount due to the pensioners ie writ petitioners wef the date of their eligibility to get retiral benefits.
ii)When all promises are kept,
-when LIC has donned such a powerful & instrumental role in nation's economy,
-helped Govt to stabilise stock markets,
-lent tremendous assistance by way of Social Security for Aam Admi, inclusive growth & -- above all such a sterling contribution to Govt 5Yr Plans,
--Peoples Money for Peoples Welfare, in almost all sectors of people & society & nation development,& when
Pensioners for long yrs 35 & more have done yeoman service & built Foundation, erected fine Superstructure, ably galvanised with Reorganisation in the 80s ,made the institution bear intense competition with confidence & courage, SUCH a Paltry pension, not befitting of an undeclared NavaRathna institution ,for no fault of pensioners.
iii) GOVT REGULAR PENSION is FAR FAR HIGHER for comparative cadres. Even GovtFamily Pension is higher than LIC Regular pension.
iv)Important quoting the tedious,tortuous,expensive legal battle with mighty Powers, for a genuine.modest,legitimate demands ,outlay no hardship at all to LIC,when ,on the other hand, LIC is going to infuse funds to the tune of Rs1500cr, whether it is thro any route or preference shares,LIC can smilingly say_to Pensioners too, a stakeholder, ‘Thy welfare is Our Responsibility’
v) It is disturbing that Pensioners should be treated so bad & from 6676/ 1998writ on DR to 24/11/ 2001 LIC Board Resolution to 654/2007writ on Pension Upgradation to 12/1/2010 Hon SJ Jaipur judgement admitting Both Writs to dismissal of LIC Appeal493& 494/2010 by DB Jaipur HC on 21/1/2011 to dismissal of LIC Review Petition 86 & 87/2011 by DB Jaipur HC on 19/8/2011 to SC Bench clarificatory Order 17/10/2012,amending their vague Order dt 14/11.2011 ,to Punjab & Haryana HC Order 9/11/2012 adding 12 % interest for delay to Delhi HC Order 30/1/2013 affirming Jaipur verdict & adding “in rem’ to all Pensioners,
LIC SLPs 29956 & 29957 dismissed on 8/8/2013 to 30/9/2013 when SC Bench issued NO STAY Order on Hon SJ verdict 12/1/2010 & allied matters ,condonation of LIC inordinate delay of 6 months 14 days by SC Bench resulting in new Avatar of CAs 8959—8962/2013 to 25/3/2015 SC Bench hearing of CAs to 8/4/2015,a tardy,tortuous & tragic tale of agony & frustration,with a chain of Court victories & pronouncements & yet justice elusive playing havoc with pensioners, hopefully & prayerfully, a TRUE ,scintillating clearcut judgement to be in the offing with such true & profound facts & all points of law in pensioners’ favour strongly.
9)i)It will be a mockery of justice if all SJ, DB, Review,SLP dismissal, NO STAY ORDER all of which itself has taken 5 years, is again tried to be sabotaged by any institution or Govt. Court is for the weak, infirm, aggrieved, Sr Citizens, Pensioners . If in one stroke, by SLP reenactment,after condonation of undue& unpardonable delay, of 6months & 14 days ,though only a discretionary power vested,new avatar of CAs & a sudden filing of SLPs 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. Citizens cannot remain mute spectators & silent sufferers of apathy & neglect, delay & disdain. Institutions & State will run besmerk & ignore citizens welfare ,progress & right to equality & liberty, the eyes & ears of our sacred Constitution.It means NLP-National Litigation Policy,being polished & refurbished, which was proclaimed to be a Policy decision & an Action plan, goes still weaker. Law dispensers cannot dispense equity & justice.
ii)When it comes to Administrative Order, Statutory Provision, Constitutional Rights or Provision, certainly Constitutional Rights overweigh & eclipse the earlier 2 .& so Supreme & have to be respected in letter & spirit
As a corollary, such aberrations & deficiencies have to be corrected & Equity restored
SC should uphold such acceptance by the Instn in principle & categorically erase or reject any imposition by UOI one-sided,dictatorial,unethical,stubborn insistence ,merely on technical & flimsy grounds,never taking a broad picture of reasonableness ,more so dealing with Elders & Sr Citizens.
iii)ARTICLE 226 of the Constitution confers powers to High Courts & Article 32 of Constitution confers powers on Supreme Court to issue Writs or Mandamus against Govts/Institutions .Holding Fundamental rights as sacred & any violation to be put down with a heavy hand, SC Bench must issue orders & mandamus with clearcut effective dates for twin benefits of DR & pension upgradation with a deadline of 8/10 weeks & as normally happens, not to encourage waywardness or delay with an ACTION TAKEN REPORT from LIC,which alone can indeed meet the ends of Justice.
Let them understand that POWER also confers a corollary duty & responsibility which LIC & Govt ignored, & hope at their peril.
Let TRUTH triumph
Let Justice prevail
Let highhandedness & procrastinations end once for all
Let Smile dawn on the faces of ALL groups of pensioners with a glow & sparkle
Let Evil disappear.Let KURUKSHETRA Battle now atleast end with a lesson for all to following future
It was my desire to present with ,humility & modesty,tracing all archives, burning midnight oil, but endeavouring ,with a sense of pride & satisfaction,to be elaborate & embellishing, in that process, Groups of Issues & Problems together, highlighting in Colour,as I normally wish, for many to understand with ease & felicity ,all the burning issue with a spirit of remedy & resolution & purported to be of some utility for the DDay 8th APRIL, 2015 to dismiss LIC CAs & beleagured UOI SLPs
With hopes, & fervent prayers,
R.B.KISHORE
VP,AIRIEF