1. Hon SJ Rajasthan HC
Bhandai’s Order dt 12/1/2010: “In the light of the discussions made above, both the writ
petitions are allowed.----------------------------------------------------------------------------------so
that every retired employee can get the same benefit.”
i) Due stress &
importance has to be made on 6/2/2014 about Hon SJ order dt 12/1/2010
that BOTH THE WRIT
PETITIONS ARE ALLOWED, meaning thereby 6676/1998 on DR & 654/2007 on Pension Upgradation
ii) Also every retired employee can get the SAME BENEFIT means, not only DR, as then SAME
BENEFIT will be deprived, it will be far lesser amount,but also Pension Upgradation with
successive wage revisions, as then only every retired employee can hope to get
near SAME BENEFIT reasonably.
This
matter has been delineated by learned Hon SJ with examples & adduced
reason to remedy & rectify the anamolies with an extension of
Respondents Board Resolution dt 24/11/2001 as, with passage of time
and while filing CWP654/2007 subsequent wage revisions fell due & those
employees/retirees got due uplift in pension denying the altered pension substituting
new scales of pay being denied to existing pensioners still struggling
with low basic pension, unaltered for 20 years & more.
2. Hon JS. Chauhan order
dt 22/1/2014: “One
of the directions given by the Hon SC is that the Corporation shall deposit the pensionary benefit amount, which
is due to the petitioners.”
i) Here also, the pensionary benefit applies to mainly Pension with attendant DR.
ii) Here it is
eminently desirable to quote Hon SC Bench order dt 17/10/2012 on their earlier
order dt 14/11/2011, -- within 8 weeks from today,the petitioner shall
deposit in the Registry of the HC the amount due to the pensioners ie the writ
petitioners wef the date of their eligibility to get retiral benefits ”.
This refers to the DATE OF Retirement only.
Respondent, however ,never
calculated any amount from date of retirement,
confined to DR aspect only & there also with many aberrations, & also
eliminated from consideration post-8/1997 pensioners
,thus defying & denying due benefit to all classes of pensioners without
classification. Thus, undertaking given to
fulfil SC orders was not adhered to by distorting & misinterpreting
the Judgement to suit their own erroneous interpretation &
narrowly circumscribing solution to DR factor only without realizing the
true intent & purpose of the impartial verdict offering solution to
pensioners woes as delineated in both the writs.
Further, it becomes clear that DR only interpretation is
absurd & even nonsensical as HON SJ Rajasthan
HC has admitted both the writs CWP 6676/1998 &
654/2007 on pension upgradation.
iii) This becomes necessary to click the EFFECTIVE DATE as
otherwise, LIC will refer to Prospective date only,mentioned in Board
Resolution,which has to be rebutted. What petitioner
humbly & respectfully is pleading is that
Respondent should now give correct & unbiassed acceptance &
implementation of the twin benefits delineated by Hon SJ
HC from effective dates when discrimination arose, viz 1/8/1997 for
pre-8/1997 pensioners, now getting 50% of DR only ,at Full rate of DR as is
being paid for post 8/1997 pensioners regularly & pension revision
either from 1/12/2001 immediately after Board Resolution or from the
date of the CWP 654/2007 of Applicant from 1/2 /2007 with correct merger of
full DR with basic pension with successive wage revisions of 1997, 2002
& 2007 & after subsequent wage revisions, as & when it takes
place.
iv) Further, much more time has to be spent in litigation to derive full benefit
of the meaning & substance of the Judgement in a holistic way,rather
than bits & pieces.DB Rajasthan HC mentioned that LIC Board Resolution has
become the property of the HC & so ,keeping quiet for 10 yrs then means
approval of the same by LIC/UOI
3. Here we must readily
have & quote succinct PARAS of Hon SJ judgement driving home, terrible
anamolies, several cadres below get more pension, date of retirement is
irrelevant & so new scales of pay have to be substituted to arrive at SAME
PENSIONARY BENEFIT.
When
Respondent has not paid a single paisa towards pension upgradation for which alone this CCP
760/2010 was filed,it becomes crystal clear that it is direct violation of
Hon SJ judgement dt 12/1/2010 admitting both the writs.This Hon Court must,
therefore, straightaway dismiss this reply as of no consequence& not
befitting an institution which must honourably fulfil in entirety
the full & complete orders of Hon SJ.
Doing
something slipshod & trying to prove the wrong direction in which Respondent
is proceeding without any rectification or correction in its course clearly
points out the absurdity of their intentions, with only one main aim to thwart
the Hon SJ verdict & deny due benefits allowed by Hon SJ in his Judgement
dt 12/1/2010.
4. Also. Hon SJ has
mentioned at quite a few places – DR & pension.This cannot be overlooked.
5. It is also to be
highlighted that SC Bench in their order dt 8/8/2013 said a)IA 12 & IA 13 are
admitted
b) SLPs 29956 & 29957 are dismissed. So,it is necessary to forcefully repeat RELEVANT PARAS
from Sri Asthana’s application where Pension revision with successive wage
revisions,1997,2002,2007 & future wage revisions are mentioned.
6. (i) While LIC may
again parrot like repeat their WRONG understanding, just to deprive pensioners,
of the full import & significance of SC Order, we should not now enter into
micro-details of the correctness or otherwise of the amounts, except to
say, only DR is done, Effective date is wrong & absurd,weightage not taken
into account, post-8/1997 petitioners are coolly omitted by LIC,which is
retrograde.
(ii) Respondent
has to address to resolve twin issues by acting on that judgement & complying
with in toto with a clear administrative Circular within short stipulated
time & payment of arrears to eligible pensioners within few weeks time as
may be decided by this Hon Court to avoid any further delay as
already thousands of pensioners have died & are dying. We
repose full faith & confidence in this Hon Court to fill the
gap in enforcing implementation of the twin benefits to aged pensioners, many
above 70 years & already many dead& are dying.
It is unethical & immoral to postpone compliance any longer as CCP has run
for much greater length of time than warranted, more
so after an assertion by Hon SC that there is No Stay on Hon SJ judgement dt
12/1/2010.
(iii) It is enough if it is
mentioned that
– the SAME PRINCIPLE & PROCEDURE which is followed by LIC for wage negotiations
implementation,ie
MERGER OF DA WITH BASIC PAY, Same Principle & Procedure should be followed by MERGER OF CORRECT
100% DR WITH BASIC PENSION for pensioners at successive CPIndex followed for
wage revisions
600/1148/1740/2328/2994 etc. This will make the task easy to enable Hon Judge
to conclude rather than prolong submissions on this score.
7. LIC has wrongly taken truncated 50 % existing DR INSTEAD of CORRECT FULL 100% DR while merger with Basic Pension
takes place.This is deliberate or absurd & should be corrected .Hon Judge will understand to point out to LIC
Counsels so that later, they don’t repeat the error or blunder. LIC
makes it easy to calculate for them, but hitting the pensioners harsh
considerably.
8. Hon Judge
J.S.Chauhan has asked Respondent on an affidavit to emphatically state
whether the amount is being deposited in consonance with or in
contravention of Board Resolution dt 24/11/2001 & what steps & decisions taken by LIC
for implementation. This exercise before 1/2/2014 etc.
(i) This is a golden opportunity for us to refer to all or main important letters dt
31/12/2001
,8/8/2003 & subsequent followups 20/2/2009 & 6/5/2009 LIC has not bothered
to do some introspection &help fulfillment of Hon SJ dt 12/1/2010 as HON
JS.Chauhan refers to last 4 years,in 1st line of his Order,when same
status quo without change in their thinking & only adhering &
conforming to wrong presumptions, whereas in reality, LIC wanted to merge DR with Basic
Pension at various CPIndices to bring intergenerational pension parity for all
groups, also pointing to CG CCS Pension Rules, on the basis of which LIC PR 1995 came
into being. LIC cleverly does
not want to show followup as that will expose LIC’s good intentions
in the spirit in which that concept of pension upgradation was rightly
conjured & letter to MOF written.
When
Respondent has not paid a single paisa towards pension upgradation for which
alone this CCP 760/2010 was filed,it becomes crystal clear that it is direct violation
of Hon SJ judgement dt 12/1/2010 admitting both the writs.This Hon Court must,
therefore, straightaway dismiss this reply as of no consequence & not
befitting an institution which must honourably fulfil in entirety
the full & complete orders of Hon SJ.
Doing
something slipshod & trying to prove the wrong direction in which
Respondent is proceeding without any rectification or correction in its course
clearly points out the absurdity of their intentions, with only one main aim to thwart
the Hon SJ verdict & deny due benefits allowed by Hon SJ in his Judgement
dt 12/1/2010.
9. Hon
SJ adjudicated on both issues of Full DR & pension upgradation with sound
submissions by all parties & citing several case laws in support of
the same with valid , justifiable & justiciable reasons
forcefully depicted in judgement unambiguously. To deny
this is to deny full equity, justice, fair play & sabotage Fundamental
Rights enshrined in Constitution which no Court can allow to be tampered
under any circumstances. Human rights cannot be allowed to be trampled upon .
Fixity of notions on the part of the Respondent to deny pension upgradation is
a severe contempt of this HC & not to implement for so many years by an extension
of Respondents own Board sanctified Resolution dt 24/11/2001 to subsequent wage
revisions as was delineated by Hon SJ in his judgement dt 12/1/2010 is a
standing example of the adamancy & single track mind of Respondent to nullify
hard earned judgement with heavy costs & expenses in many
directions strictly not affordable by pensioners fraternity, yet
borne with patience & endurance to solicit victory for the just, modest
& legitimate demands of pensioners.
One cannot throw all the positive & unanimous judgements from many
HCs as irrelevant & unjustifiable from any point of view.
10. When pensioners brought halo & glory to the institution
--- with long dedicated, devoted services of 35 years
& more,
--- in the twilight of their lives,
--- pension upgradation voiced by multiple case laws of
many Courts, SC,& Tribunals
--- any discrimination& attack on Fundamental Rights
enshrined in our Constitution must be countered with an open
mind, fair & transparent
---- restoring the pride
& position which SC & HCs enjoy unfettered.
Pensioners’
fraternity must appreciate the strength and solidity of our argument & expose LIC wily tactics & strategy to always
delay & dither consuming such long time of 4 yrs as Hon Judge himself feels. May
darkness disappear and light illumine the minds and hearts of all pensioners to
rejoice.
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