Cir No : 09/2015 Date:20th Sept.2015
To
All Divisional/State units of
AIIPA
Dear Comrades,
“AIIPA’s CONSISTENT DEMAND – END
DISCRIMINATION IN THE PAYMENT OF DEARNESS RELIEF TO PRE-AUGUST 1997 PENSIONERS
– IMPLEMENT LIC BOARD RESOLUTION OF NOVEMBER 2001”
All India Insurance Pensioners’ Association (AIIPA) has
been assiduously pursuing with the Management of LIC, all issues of LIC
Pensioners, more particularly Grant of Full Neutralisation in Dearness Relief
to Pre-August 1997 Pensioners. AIIPA has been stressing on the need to settle
this issue without the need to wait for legal verdict, as LIC was morally
and ethically bound by its Board Resolution of November 2001 and it had its
Managerial responsibility to carry forward the favourable inclination
hinted at way back in the year 2008.
In order the matter is understood in proper perspective,
AIIPA has been issuing various circulars and had also submitted detailed Case
Notes in its 5th & 6th All India Conferences. In its circular of
August 2012, AIIPA, clearly explaining the import of the LIC Board Resolution
of November 2001, elucidated the contents and wording of the resolution to set
at rest any misconception and tried to dispel illusions that the Board
Resolution implied pension updation. The circular had also pointed out that the
Agenda Note placed before the Board containing the proposals and approved by
the LIC Board had clearly spelt out the methodology for merger of Basic Pension
to 1740 points. The proposal was mere merger of Dearness Relief payable
upto 1740 points with the Basic Pension at 600 or 1148 points as the case
may be and Dearness Relief at 0.23% thereon. Even after the issuance of
the circular, attempts by vested interests harped on LIC Board
Resolution, signifying Pension Updation with weightage for wage
revision.
The amount deposited by the LIC in Hon’ble Jaipur High
Court, corresponded to the understanding as spelt out in the circulars of AIIPA
and LIC had limited the amount to Full Neutralisation to pre-August 1997
petitioners/pensioners leaving out post-August 1997 petitioners. Questioning
the correctness of this amount deposited by the LIC, an Inter Locatury
Application for clarificatory Order was filed in the Hon’ble Supreme
Court. However, this application for depositing the amount
including for Pension Updation was not considered by the Apex Court
and had observed that no further directions in the matter of deposits by
LIC were necessary.
Similarly, the plea for contempt against LIC over
the amount deposited before the Hon’ble Rajasthan High Court, came to be
dismissed as withdrawn. Again contempt proceedings have been
initiated in Hon’ble Chandigarh High Court that LIC had not complied with
Hon’ble High Court Order while depositing the amount and LIC had deposited
amounts akin to the one in Hon’ble Jaipur High Court and Contempt Petition
is posted for hearing on 5.10.2015.
After 7th May 2015 Order of the Hon’ble Supreme Court, LIC
had initiated steps for implementation of the Order to release 20% of the
amounts deposited under impugned judgements seeking to withdraw 20% of the
amount deposited and seeking details of Membership of the Petitioner
Organisation in relation to the Hon’ble Delhi High Court.
ALL INDIA INSURANCE PENSIONERS’ ASSOCIATION, CHAMPIONING
THE CAUSE OF INSURANCE PENSIONERS, HAD WRITTEN TO LIC TO PAY IN FULL AND
NOT ONLY 20% AND MAKE PAYMENT TO ALL AND NOT ONLY THE PETITIONERS AND MEMBERS
OF THE PETITIONER ORGANISATION.
The application by LIC for withdrawal of 20% of the
amount deposited in the Hon’ble High Court has been allowed in Hon’ble
Rajasthan High Court. LIC had deposited amounts in Hon’ble Jaipur High Court
only for a certain period upto 2013 and 20% of the same has been withdrawn by
LIC and has been credited to the bank accounts of the individual petitioners,
excluding those retired after July 1997.
A similar application for withdrawal of 20% of the
deposited amount in the Hon’ble Chandigarh High Court was withdrawn on
technical grounds. However a claim is made that objection would not have
been raised even if LIC wanted to withdraw the whole deposit as amount payable
by LIC far exceeded the deposit according to their understanding, presumably
taking into account pension updation. While the LIC contended that petitioners
were trying the expand the scope of the Order of the Hon’ble Supreme Court, the
petitioners have filed a Contempt Petition that the amount deposited by the LIC
was not in conformity with the Order and the same is posted for hearing on 5th
October 2015, as the matter was before the Hon’ble Supreme Court.
Attempts are being made repeatedly to mislead the LIC
pensioners that LIC Board Resolution of November 2001, implied Pension Updation
and they hope to get this understanding upheld through Interlocutary
Applications. But LIC’s contention before the Hon’ble Punjab and Haryana High
Court had been the Board Resolution was only for Full Neutralisation in
Dearness Relief and that the Board Resolution had been wrongly quoted by the
Petitioners.
The contention for payment of 20% inclusive of updated
pension, through the Inter Locutary Application was considered and the
Apex Court had passed an Order on 7.9.2015 for release of 20% under impugned
judgements. LIC has proceeded to and has made the payment of 20% of the arrears
to the members of the petitioner organization in the Hon’ble Delhi High Court.
But the petitioners of Chandigarh High Court have not been paid as the LIC’s
application for withdrawal of the amount deposited in the Court was again
opposed by the petitioners on 16.9.2015 on the plea of Hon’ble Supreme Court
order was not applicable to them and hence Court passed the order accordingly.
For the benefit of clearer understanding, we may state,
that while a reference in the LIC Board Resolution of November 2001 to the
suggestion of a Board Member, was relied upon to claim that Board Resolution
implied Updation of Pension, conveniently the reference to the huge cost and it
being financially not viable is not being told. Again the working details of
the cost mentioned in the Agenda Note were either not sought for or not shared
in public to vouchsafe the veracity of their claim that Board Resolution
intended pension Updation with weightage for wage revision. Propaganda has
been going on purported loss on denial of Pension Updation losing sight of
the fact that Board Resolution had not recommended Updation of Pension.
The contention of LIC has been that Board Resolution cannot
be implemented without amendment to Pension Rules under power vested with the
Central Government and averments as understood by the AIIPA are only in
relation to the powers and no arguments on Pension Updation, either for or
against have been advanced. However in its counter affidavits to the Inter
Locutary Applications, LIC had contended that the Board Resolution was an
one time decision and did not imply pension Updation and deposits had been made
in consonance with the Board Resolution. In accordance with this understanding
only, merger upto 1740 points of index has been taken into account excluding
further revisions for deposits in Courts. As of now, it seems, LIC contemplates
to adhere to its legal requirements viz., payment of 20% of the amount
deposited as per impunged orders to the petitioners though AIIPA has been
pressing for payment in full to all eligible pensioners.
With
attempts to bind LIC to a certain position as per their requirements, through
Contempt/Inter Locutary applications, not having fructified till now and
further hearing on Contempt Petition posted to 5th October 2015 in
Hon’ble Chandigarh High Court, the issue remains to be adjudicated at the Apex
Court on 23rd September 2015.
AlIPA is committed to its stand for solution even before
the culmination of judicial proceedings and this unequivocal stand was
reiterated by AIIPA delegation, in its meeting with the Chairman on August 13,
2015. After watching the unfolding events in the near future, the AIIPA will
appropriately take up the issue for early favourable solution.
May be, still there will be shrill cries on related issues
and AIIPA urges upon its members not to feel vulnerable but continue to repose
complete faith and total confidence in the Organisation and rally round the
AIIPA to protect their interest and welfare and to ensure their bright future.
AIIPA desires to re-assure the insurance pensioners, both of LIC and GIC, that every
effort will be made by the Organisation to get solutions to their legitimate,
reasonable and justified issues.
With greetings,
Comradely Yours,
(T.K.Chakraborty)
General Secretary