Dear Shri.Gangadharan,
It is heartening to hear that the Cashless Medical Scheme takes effect from the 1st of April. All those who have been responsible for it, irrespective of the degree of efforts put in by each deserve our congrats and gratitude.
As for the SC case on the 8th, I have listed below a few points, both favourable and not so favourable according to me:
FAVOURABLE TO US:
1) That, on account of discriminatory pensions there exists a high level of unacceptable inequity between the past and the
present pensioners who retired in the same cadre but at different points of time.This cuts at the very root of the Principle of Equity.
2) The landmark Supreme Court judgement relating to Nakara,1983 where the Apex Court had invoked Article 14 of the Constitution is worth quoting while arguing out our case. The revision of pension of the Central Government Employees and the Civil Servants once in every ten years is a fallout of that all important decision of the supreme Court.
3) We learn that the implementation of the above verdict didn't result in the amendment to the Pension Rules governing the C.G Employees but carried out by issuing only administrative instructions to that effect. So also, whenever the pensions are revised for them from time to time.
If it be the case,does not it follow that our Board Resolution need not go through the process of Govt.approval,notification and ultimately amendment to our Pension Rules,1995? This is vindicated by the Jaipur High court judgement.
4) It is blatantly violative of Articles 14 and 16 of the Constitution.
5) Honble Bhandaris judgement and two other verdicts upholding it in the Jaipur High Court.
6)Our Pension Rules were framed on the same lines as that of the Pension Rules for the Central Government Employees. Then, drawing parallels, there is every reason for the GOI to accede to our demand for upgradation but not find ways and means of turning it down quoting extraneous reasons.
7) 14 years of inaction and exhibition of total indifference and callousness in resolving the pensioners issue by not not taking a decision on the Board Resolution is enough reason for the court to dismiss LICs appeals without any re-thinking.
NOT SO FAVOURABLE POINTS:
1) The query whether Pension Upgradation is clearly provided for in Our Pension Rules 1995, has to be tackled in a purely legalistic manner.
2) Sec.48 of the Insurance Act may be quoted as an impediment or stumbling Block by LICs Counsel. It is again upto our advocates and Case Leaders to counter it by converting it as a draconian provision. The constitutional provision should also come to our rescue here.
3) The Ripple Effect theory should be demolished by emphasising that our Industry, its history of development, the wage structure and benefits of its employees, the profitability track record etc have nothing to do with any other Industry. Therefore, we should never ever allow any comparison of our pensioners and the paying capacity of LIC with any other nationally owned Organisation. We are here to argue our case and the legitimacy of our pensioners in demanding their dues. If the Govt.want to extend this benefit to others as well we have no objection whatsoever. Why didnt the Govt.think about the so called ripple effect while granting this benefit to the CG Employees and now to the Defence Personnel and the RBI Employees?
4) It is quite obvious that Shri Manu Singhvi has played some mischief in reeling out the total outlay as 9700 crores. It is essential we get the figures right and be ready with our own based on actual and factual calculations.
Looking forward to YOUR SCINTILLATING LIVE COVERAGE on the 8th of April and all the best wishes