For Health and Wealth of Pensioners : Excerpts from Archives
The Editor has focused in the editorial ,
" Supreme Court Case" on the most vital issue of
applicability of the prospective/impending
judgement of the Supreme Court after September
hearings : will the judgement be
in Rem- applicable to all the pensioners or Qua-
only to respondent employees (pensioners).
The matter should not be taken lightly.
It deserves serious consideration by all those
who matter most. May they take it as a
matter of life and death.
May act swiftly to remedy the shortcomings,
the pitfalls, if any.
May they ensure that the pensioners at
large are not left in the lurch. Remember
that the time at disposal is short.
The pensioners must keep their spirit high. They must try to rejuvenate their feelings by
reading some excerpts reproduced below from the LICPC Archives.
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN, JAIPUR BENCH.
ORDER OF HON'BLE JUSTICE M.N.BHANDARI : Date of Order - 12 th January, 2010.
1. S.B. Civil Writ Petition No.6676/1998 Krishna Murari Lal Asthana Vs. Union of India & Ors.
2. S.B. Civil Writ Petition No.654/2007 KMLAsthana & Ors. Vs. L.I.C. of India & Ors.
..The
petitioners are those who retired from the service of Life Insurance
Corporation of India. First ground raised by the petitioners and common
in both the writ petitions is regarding discrimination in grant of
pensionary benefits. It is stated that on 28.6.1995, LIC
of India (Employees) Pension Rules, 1995 were notified. The Pension
Rules were made applicable to the employees, who were in service of the
respondent Corporation on or after 1.1.1986, on their exercising options
to be governed by the Pension Rules and refunding the contribution of
provident fund with interest...Learned counsel for
petitioners, advancing the arguments for first issue, submitted that
non-grant of due benefit of dearness allowance to the retired employees
is not only arbitrary but discriminatory in nature. After filing of the
writ petition by Krishna Murari Lal Asthana, the LIC itself passed a
resolution in its meeting held on 24.11.2001. On realizing the mistake,
the LIC decided to sort out the issue by proper remedy, but finally left
it to the discretion of the Union of India to take a final decision. If
the resolution dated 24.11.2001 is implemented, then grievance of the
petitioners can come to an end.......
there can be no different basis for dearness allowance or other
benefits to those retired on or before 31.7.1997. The existing
pensioners are entitled for the benefit of dearness allowance with the
same measure as is admissible to the pensioners on or after
31.7.1997...and up gradation by giving weight age of 11.25% as in the
case of in - service employees... The discrimination amongst the
pensioners on that count is not permissible and if there exists rule,
making discrimination amongst the existing pensioners, it is held to be
violative of Articles 14 & 16 of the Constitution of India...
..there
cannot be a cut off date for existing pensioners for providing benefits
but further fact is that to cure the aforesaid mistake, the Board's
resolution should have been given effect to, which will otherwise
redress the entire grievance of the petitioners. In the facts and
circumstances of the case, I am of the view that resolution passed by
the Board of LIC does not need approval of the Central Government thus
the Corporation may give effect to its resolution dated 24.11.2001 to
avoid discrimination amongst existing pensioners.
In
light of the discussion made above, both the writ petitions are
allowed. The respondent Corporation is directed to take a decision for
implementation of the resolution dated 24.11.2001 passed by the Board.
The respondent Corporation cannot provide different criteria for grant
of dearness allowance to the existing pensioners based on cut off date
i.e. 31.7.1997. The benefit arising out of the directions above would,
however, be considered by the respondent Corporation so that every
retired employee may get the same benefit.
(M.N. BHANDARI)
INDIAN EXPRESS - CHENNAI - 25-01-2011 - PAY EQUAL PENSION TO ALL THE LIC RETIREES:
HC The
Rajasthan High court has come down heavily on the "inaction" of the
Life Insurance Corporation of India (LIC) for not adhering to its Board
resolution to pay equal pension to all the retirees across the country
irrespective of their date of retirement. The Division Bench of Justice
Dalip Singh and Mahesh Bagavathi directed LIC to give effect to its
Board decision dated November 24 2001 to revise the pension and dearness
allowance(DA) payable to its retired employees corresponding to the
successive revisions of the pay scales that took place in
1986,1993,1997,2002 and 2007 respectively.
SN( a 1992 pensioner)
