In My First Part Of This Article, I Reproduced The Pensionary Provisions Of Reserve Bank Of India Pension Regulations,1990 Applicable To The Reserve Bank Pensioners, Pensionary Provisions Of LIC Of India, Applicable To The Pensioners Of LIC Of India And The Pensionary Provisions Applicable To The Pensioners Of The Public Sector Banks, And Compared And Contrasted All Those Pensionary Provisions And Ultimately I Explained And Said That “The Pensionary Provisions Applicable To The Pensioners Of LIC Of India” “Are The Best Ones”, “Interpreted In Any Manner” And “Viewed From Any Angle”.
Please click below.
For The Sake Of Jogging The Memory Of The Readers, I Will Reproduce The Text Of Regulation 5 Of The Reserve Bank Of India Employees’ Pension Regulations,1990, And It Reads As Under:
“In The Matter Of Application Of These Regulations”, “Regard May Be Had To The Corresponding Provisions Of The Civil Services Regulations”, “Or The Liberalized Pension Rules” ,”Or The Civil Pension (Commutation)Rules”, “Or The Family Pension Scheme”, “For Central Government Employees”, “As The Case May Be”, ”Of The Government Of India”, In So Far As They Can Be Adapted To The Service In The Bank”, “But Subject To”, “Such Exceptions” “And Modifications”, “As The Bank May”, “From Time To Time Determine”.
Now, Let Us Go To The Text Of Regulation 56 Of Bank(Employees’)Pension Regulations, 1995, And It Reads As Under:
Residuary Provisions
Regulation 56:
“In Case Of Doubt”, “In The Matter Of Application Of These Regulations”, “Regard May Be Had To The Corresponding Provisions Of Central Civil Services Rules,1972”,“Or The Central Civil Services (Commutation Of Pension) Rules, 1981”, “Applicable For Central Government Employees”, “With Such Exceptions And Modifications”, “As The Bank”, “With The Previous Sanction Of The Central Government”, “May From Time To Time”, Determine.
Upon Refreshing Myself Of What I Said In Part-I Of This Series Of Articles, I Find ONE Intricate Provision In Rule 56 Of LIC Employees’ Pension Rules, 1956 And To Jog The Memory Of The Visitors / Readers, I Am Reproducing The Text Of Rule 56 Of LIC Employees’ Pension Rules,1995, And It Reads As Under:
Rule 56:Residuary Provisions:
“Matters In Relation 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 The Central Civil Services(Pension)Rules, 1972”, “Or The Central Civil Services(Commutation Of Pension) Rules, 1981”, “Applicable For Central Government Employees”.
In Part –I Of This Series Of Articles, After Reproducing The Text Of The Relevant Pension Regulations And Rules / Vice – Versa, Applicable To The Pensioners Of Reserve Bank Of India, LIC Of India And The Public Sector Banks, I Have Expressed My Considered And Irrefutable View “That The LIC Pension Rules”, “Applicable To The Pensioners Of LIC Of India Are The Best ONES”.
There Is A Reason, Behind My So Saying, And The Reason Is, Rule 56 Of LIC Employees’ Pension Rules,1995, “Admits Of No Tongue-Twisting”, “For Interpreting And Misinterpreting” “Various Provisions Contained In The LIC Employees’ Pension Rules,1995”, When LIC Pension Related Matters Come Up Before The Writ Courts.
Upon Coming To Such Conclusion, If We Dissect Rule 56 Of LIC Employees’ Pensions Rules, 1995, The Following Position Emerges And The Split Content Amounts To The Following :
1.”Matters Relating To Pension”
2.”And Other Benefits”
3.”In Respect Of Which “No Express Provision” Has Been Made In These Rules”
4.”Shall Be Governed By The Corresponding Provisions”
5.”Contained In The Central Civil Services(Pension) Rules, 1972”
6.”Or The Central Civil Services(Commutation Of Pension)Rules, 1981”
7.”Applicable For Central Government Employees”.
Upon Dissection Of Rule 56 Of LIC Employees’ Pension Rules, 1995,My Eyes “Immediately GOT RIVETED TO The Split Content At Item:2”, Reading / Saying “And Other Benefits”. The Reason As To Why My Eyes Immediately Caught Hold Of The Content--
“At Item 2 Above Is”--
“To Which Exact Area This Intricate Provision Can Be Extended” “Has To Be First Found Out”, For One Thing.
And What Can Be In The Minds Of The Framers Of LIC Employees’ Pension Rules, 1995, “When They Had Inserted These 3 Words”, “And Other Benefits”, For Another--
“Just Immediately After The Phrase”—
“Matters Relating To Pension”.
The Fundamental Point Here Is—
“Though Commutation Of Pension”, Is “An Integral Part Of Any Pension Scheme”, This Matter Of Commutation Of Pension Has Been Specifically Mentioned In—
1. Regulation 5 Of Reserve Bank Employees’ Pension Regulations, 1990—
Reading—
“Civil Pension(Commutation Rules)”
2. Regulation 56 Of Bank Employees’ Pension Regulations, 1995, Reading—
“Or The Central Civil Services (Commutation Of Pension)Rules, 1981”.
3.Rule 56 Of LIC Employees’ Pension Rules, 1995 Reading—
”Or The Central Civil Services(Commutation Of Pension)Rules, 1981”.
Now, What Stands Prominently After Going Through The Allied And Somewhat Similar Pension Regulations / Rules Of Reserve Bank Employees’ Pension Regulations, 1990 Or Bank Employees’ Pension Regulations, 1995 Or LIC Employees’ Pension Rules, 1995 “Is A Singularly Unique Feature”, “Which Can Not Be Found “In Either Reserve Bank Employees’ Pension Regulations, 1990” “Or Bank Employees’ Pension Regulations, 1995” Is, The Phrase, Reading--
[Matters Relating To Pension]
“And Other Benefits”.
Alright Now, After Finding Out That “A Unique And Solitary Feature”, Which Can Not Be Found In The Pension Regulations “Of Either Reserve Bank Employees’ Pension Regulations, 1990” “Or Bank Employees’ Pension Regulations, 1995” Is, The Phrase, Reading--
[Matters Relating To Pension]
2.”And Other Benefits”—
“We Have To Find Out, As To Where Should This Provision, “Found / Contained In LIC Employees’ Pension Rules, 1995” Lead Us?”
Let Us Try To Dissect This Provision As Under:
1. “Though Commutation Of Pension”, “Is An Integral Part Of Any Pension Scheme Of “The State”(“The State”, As Defined In Article 12 Of The Constitution Of India) And Its Instrumentalities”, “This Aspect Of The Matter Has Been Taken Care Of In All The Pension Regulations / Rules In Respect Of All The Above Mentioned Three Establishments”, “SPECIFICALLY”.
Now, the Question before Us Is, As To Where Should / Can “These Three Words”—
“And Other Benefits”
Contained Rule 56 Of LIC Employees’ Pension Rules, 1995 Be Traced ?
To My Mind, It Appears That, May Be, Perhaps, The Framers Of LIC Employees’ Pension Rules, 1995 Thought Of Giving --
“A Constitutional Flavour”, “By Inserting These Three Words”, Reading—
“And Other Benefits”
In Rule 56 Of LIC Employees’ Pension Rules, 1995. How Is It So Can Be The Question To Me, From My Fellow Pensioners And It Can Be Explained As Under:
Article 12 Of The Constitution Of India Reads As Under:
PART –III
FUNDAMENTAL RIGHTS
General
12. Definition: In This Part, Unless The Context Otherwise Requires, “The State”—
“INCLUDES”—
1.The Government
2.And Parliament Of India
3.And The Government
4.And The Legislature Of Each Of The States
5.And All Local Or Other Authorities Within The Territory Of India
6.OR Under The Control Of The Government Of India.
I May Say At This Point That, In The Form Of Government As Adopted By The Constitution Of India, Which Is Called / Known As The—
“Parliamentary Form Of Government”, “The State(“The State”, As Defined In Article 12 Of The Constitution Of India)Power” Is Divided / Distributed Among 3 Organs, Namely—
1. Legislature
2. Executive And
3. The Judiciary.
I Know That At This Point, My Fellow Pensioners May Be Inclined To Put A Question To Me, Desiring To Know That–
If “The State Power” “Is Divided In Our Form Of Government”, Known As “Parliamentary Form Of Government”--
“Among Three Organs Of The Government”, As Mentioned And Explained By Me Hereinabove—
Why Is Not There Any Reference To The “Judiciary At All”, In Article 12 Of The Constitution Of India?”
Some Academic Discussion Is Going On In This Respect Among The Intellectuals, And No Final Decision / Conclusion Has Been Arrived At, So Far.
Let Us Now Come To This “Inclusive Definition” Of “The State”, As Contained In Article 12 Of The Constitution Of India, Text Of Which Is Reproduced Hereinabove, Before Going To Rule 56 Of LIC Employees’ Pension Rules,, 1995.
Upon Dissecting And Splitting The Six Components Contained In Article 12 Of The Constitution Of India As Shown Hereinabove Like—
1.The Government
2.And Parliament Of India
3.And The Government
4.And The Legislature Of Each Of The States
5.And All Local Or Other Authorities Within The Territory Of India
6.Under The Control Of The Government Of India—
In Course Of Time, If At Any Point Of Time, Parliament Of India Exercising Its Constituent Power Under Article 368 Of The Constitution Of India, Acting As A Constituent Assembly, “For The Limited Purpose Of Amending The Constitution Of India”, If It So Desires “Can Include” Any Other Institution As Part Of “The State” / Forming Part Of Article 12 Of The Constitution Of India.
Therefore, This Definition Of “The State”, As Contained In Article 12 Of The Constitution Of India, “Is An Open Ended One”.
And Now, I Know That, At This Stage, My Fellow Pensioners, May Be Inclined To Know From Me / Inclined To Put A Question To Me As To How “This Open Ended Definition Of The State”, As Contained In Article 12 Of The Constitution Of India, “Applies To Rule 56 Of LIC Employees’ Pension Rules, 1995?”
I Would Like To Explain This Very Exact Matter To My Fellow Pensioners, Elucidating As To How Rule 56 Of LIC Employees’ Pension Rules, 1995 Is Related To Article 12 Of The Constitution Of India.
My Elucidation Of This Matter Runs As Under:
1.We Have Seen Until Now, As To How Article 12 Of The Constitution Of India “Is An Open-Ended Provision” And If Parliament, Acting In Its Constituent Power, As The Constituent Assembly For The Limited Purpose Of Amending Article 12 Of The Constitution Of India Includes More Institutions Under The Ambit Of Article 12 Of The Constitution Of India, It Can Do So And There Is NO End For That At All. That Is Why The Definition Of “The State” In Article 12 Of The Constitution Of India Is Called As –
“An Inclusive Definition”.
TO BE CONTINUED.