Supreme Court order to list our case on 14-1-2015 republished

ITEM NO.801 COURT NO.6 SECTION IV

S U P R E M E C O U R T O F I N D I A

RECORD OF PROCEEDINGS

Civil Appeal No.6995 of 2013

LIFE INSURANCE CORP. OF INDIA & ORS. Appellant(s)

VERSUS

MADAN LAL GANDHI (D) THR. LR. & ORS. Respondent(s)

WITH C.A. NOS.8959-8962 OF 2013

C.A. NO.9223 OF 2013

C.A. NOS.9409-9410 OF 2013

Date : 17/12/2014 These appeals were MENTIONED today.

CORAM : HON'BLE MR. JUSTICE DIPAK MISRA

HON'BLE MR. JUSTICE UDAY UMESH LALIT

For Appellant(s) Mr. Ashok Panigrahi, AOR

For Respondent(s) Mr. Jay Savla, Adv. (Mentioned by)

Ms. Renuka Sahu, Adv.

CA 8959-62/13 Mr. R.K. Singh, Adv.

Mr. Gaurav Kumar, Adv.

Mr. Rameshwar Prasad Goyal, Adv.

A 2-JUDGE BENCH DELIVERS JUDGMENT AGAINST 'SPIRIT' OF NAKARA JUDGMENT

Bolt from the Blue......

for the National Insurance VRS Pensioners

A 2-Judge Bench of SC delivers retrograde Judgment against the spirit of Nakara Judgment delivered by the 5-Judge Bench of the same SC in 1982.

A blow to Article 14.....

"The employees who had opted under the Scheme (VRS) had not retired as per the normal conditions of service but had retired under the Scheme upon taking some special additional benefits. In normal circumstances when an employee retires from service, his relationship with the employer comes to an end. The employees who retired under the Scheme form a separate class of employees who were given many benefits, which are not given to employees retiring in normal course."

In the Nakara Judgment, the 5Judges unanimously delivered that "there can not be a Sub-Class within a class of Pensioners who are governed by the same Scheme".

CLICK HERE TO READ FULL JUDGMENT

Let's focus on violation of constitution provisions

War veterans march on to Delhi for OROP

CHANDIGARH: More than 10,000 restless ex-servicemen from across the country will hold a massive protest at Jantar Mantar in New Delhi on February 1 to pressurize the Centre into keeping its promise on the one rank one pension (OROP) demand.

During the 2014 Lok Sabha election campaign, both the BJP and Congress had pledged to implement the scheme. But the new government has not implemented it even after completing 200 days in office. Several ex-servicemen welfare organizations have come under the banner of Indian Ex-servicemen Movement (IESM) for the protest.
The veterans are also unhappy over defence minister Manohar Parrikar recent statement that he would try to implement 80% of OROP.
"It has to be implemented 100% as promised by the Prime Minister on a number of occasions. Any dilution will not be OROP," said Major General Satbir Singh (retd), chairman of IESM. He also wants a white paper from the Centre on OROP, given that Narender Modi had pledged to implement the scheme in his first election rally at Rewari in September 2013 after he was declared BJP's prime ministerial candidate.

(excerpts. the times of india)

Washed utensils in hotel 15 years back, reveals Smriti Irani

For the good of ALL LIC Pensioners, as I perceive it.

Enough has been said by many on how strong our case is and how solid it is for our victory. Fine, we are happy with it. Even after excluding and ignoring the not-so-relevant, emotional and essentially the verbose ‘rhetoric’ part from the content, there still are valid and valuable inputs in the painstaking case made out, that deserve to be highlighted during the final arguments to oppose LIC’s Appeals. “Has it been taken care of?” is my humble question to the few who are in charge of the case management and it is my genuine concern at this point of time. It is not enough if we pat ourselves for how much we know about our own case. It is essential that we grill all that in to the ears of our counsel and work with him closely while he sifts the voluminous inputs and picks what he considers relevant and useful to clinch the verdict in favour of the pensioners. After briefing the counsel comprehensively, we may have to yield space to him to decide on the strategy and the priorities. As the day of reckoning is round the corner, pointing fingers at others will be counterproductive - past performance record of the lead-players makes me wary though.  

The polarisation process of the views of all the lead players appears complete by now. I wish to share it (as I understand the same) with all the stakeholders.

1.     Delhi Writ Petition was for removal of DR anomaly for pre-97 retirees. The petitioner does not believe that pension revision is possible. For him Sec 48 is sacred and so one should not attempt to question, much less fight its relevance. Due to public pressure, the leader conceded that he would not ’oppose’ revision, if it comes. Great – very kind of him! He always believed that instead of asking for the moon and falling flat, take what is conceded and be happy. Do something for the worst-affected. The questions he does not however answer are: Q1. Is your prayer answered fully, if LIC does to ALL the Pensioners what it did (deposited) for the Jaipur and Chandigarh Petitioners? Q2. Even if the anomaly for pre-97 retirees gets removed (partly or fully), don’t you see a problem of the anomaly continuing for pre-2002 and pre-2007 retirees? What is your solution?

2.     Jaipur Petitioner wants that Justice Bhandari’s Judgement dated 12.01.2010 be upheld in Toto. I learn very reliably from common friends, that to avoid ambiguity, Supreme Court is being urged to declare that LIC being an autonomous body, it can implement its Board Resolutions without Government approval. Supreme Court should therefore ‘direct’ the Union of India, not to ‘interfere’ in the affairs of the Corporation.

3.     Petitioners before the Chandigarh HC, after rebutting and meeting squarely all the Questions of Law and the Grounds of Appeal, in the Appeal, wish to lay adequate emphasis on the sanctity of the Constitutional provisions against unfair discrimination and draw support heavily from a plethora of cases already decided by the Apex Court. In conclusion they wish to plead that their Writ Petition was allowed and their prayers covered are a) Removal of DR Anomaly in respect of those who retired before 1.8.1997, b) Revision/up-gradation of Pension with each Pay Revision and c) Payment of arrears from 1.8.97 with interest at 12% per annum. According to them the SC Order should grant all these benefits while dismissing LIC’s Appeal against the P & H HC Judgement dated 9.11.2012.

As far as LIC is concerned, the QUESTIONS OF LAW raised and incorporated by it in the SLPs/CAs against both the Jaipur & Chandigarh Judgements (numbering 12 & 13 respectively) and the GROUNDS OF APPEAL (numbering 15 & 17 respectively) have been drafted and crafted by its Counsel with such diligence and professional competence that we (and of course our Counsel) cannot just take them easy and just harp on the fact that ‘we got favourable judgements from three different High Courts’ or mislead ourselves thinking that the Supreme Court will ignore all the arguments marshalled by LIC Counsel. I warn myself (if others are not ready or willing to be warned) that any complacency in terms of preparation or inadequate homework to rebut the arguments, could be fatal to our cause. Cannot go in to details in this Note for want of time as well as constraints in blog space but suffice it to say, even at the cost of repetition, that the best and the safest way in my humble view is that the Petitioners and the case managers SHOLULD MEET AS ALSO FACILITATE MEETING/TALKING BY THE COUNSEL (BEFORE JAN 14) TO DEVELOP A CONSENSUS ON THE COMMON OVERALL STRATEGY TO BE ADOPTED. It is possible that Delhi may not be interested and may not come forward. I will not be heart-broken, if it is so. But there is no reason or justification for not facilitating a quick meeting of the Counsel of Jaipur and P&H HC Appeals. Why should it be barred? Is there any apprehension that Chandigarh gains at the cost of Jaipur or Jaipur will be a loser if it associates with Chandigarh? AT THE COUNSEL LEVEL?

Why am I keen on this even at this late hour? Because I have reasons to believe that while LIC is going to fight us tooth and nail with all the weapons in its arsenal (my close interaction with the Chairman on 10th Dec 2014, convinced me of it), Government is going to watch how the Supreme Court views the matter and simply GO BY THE FLOW. I won’t be surprised if the Government offers to the Bench ’we will let LIC implement its Resolution dated 12.01.2010, if your Lordships permit us do so’. Apparently it looks like a big success to us and some of the Writ Petitioners may jump with joy and grab the offer. All this could be a conjecture but if it does happen, it is a big trap. We can ill afford to be unprepared for such and/or any other eventualities. The response from the petitioners’ side should be uniform, well-thought out and helpful to the Bench to ‘extract’ what we want – a clear, unambiguous direction/order encompassing removal of anomalies, Revision of Basic Pension with each Pay Revision and effective date to be 1.11.1993 or the DoR.

It is the Counsel’s privilege and responsibility to choose whether the priority for our arguments is focus on Constitutional provisions highlighting the discrimination in the existing dispensation or focus on the irrelevance of Sec 48 in our case or dwell on the law laid down by SC itself touching upon pension regulations. But whatever line of approach is adopted by different counsel in their wisdom, there should be no contradiction among us/our counsel is all that I want to reemphasize when I make this

ONE LAST AND FINAL APPEAL

for a meeting amongst us and our counsel ASAP. We are however fully prepared for any contingency, if we need to go alone.

I will be camping in Delhi from 10th Jan 2015 till the hearing concludes while Shri C H Mahadevan has been requested to make himself available at Delhi for the duration of the hearing, to provide any expert inputs to the Counsel, which he alone can provide.

Hyderabad                                                               M Sreenivasa Murty

Jan 7, 2015        

Govt banks are expanding but it’s the private ones that do all the new hiring

Public sector banks have opened more 

number of branches across the country 

over the past few years but it is the private 

sector where most of the hirings have 

happened, according to latest data released 

by the Reserve Bank of India. According 

to the data released last week, one in every 

four bank employees works with a private 

bank today — a sharp rise from one in 10

in 2005.

Significantly, Prime Minister Narendra Modi on Saturday promised greater autonomy to public sector banks, and emphasised the need for them to be run professionally. The Finance Ministry today issued directions asking PSBs to act without “fear or favour” and to ignore “extraneous considerations” in their commercial decisions.

Although public sector banks still lead with a combined employee strength of 8.3 lakh out of the total 11.51 lakh bank employees across the country, the interesting part is the number of hirings since March 2005. Between 2004-05 and 2013-14, the number of employees in private banks — both domestic and foreign — went up three times from 1.09 lakh to 3.2 lakh while public sector banks added a comparatively low 81,445 employees.

Of the total 292,639 hirings by all scheduled commercial banks (SCBs) over the nine-year period, more than 72 per cent or 211,194 employees were recruited by the private sector, mostly by Indian private banks. Foreign banks had only 24,834 employees as on March 31, 2014.

MUMBAI: Here's a secret behind the success of India's Mars Orbiter Mission (MOM) that only two people — and not even the Prime Minister — knew. 

During every critical manoeuvre of the spacecraft, mission director S Arunan would slip out of the control room and stand in silence. 

The only other person who knew this routine was then Isro chairman K Radhakrishnan. 

"Call it superstition, but I believe that it brought us luck," Arunan told TOI. 

(the times of india 6-1-2014)

Surprising Facts and Benefits of Coffee. 

Some of us just can't make it through a day without our cup of coffee, and I can't say it's hard to see why. People call coffee "the fuel of the modern man" as a joke, but it's not really too far form the truth. Take a look at any office during the morning hours and the majority of people will be drinking coffee. While I also love tea, there is still much to be said about the benefits and the facts you never knew about coffee:

Your body doesn’t need coffee when you wake up.

We naturally produce a hormone called cortisol which has a very similar effect to caffeine. This hormone is made at certain times of the day based on our circadian rhythm. It's important to identify the best time to drink your coffee so you can enjoy its maximum efficacy.

Coffee isn’t as dehydrating as people think.
Caffeine was once thought to be a significant diuretic, but it's really not true unless it’s consumed in large quantities. In fact, studies have shown that urine output isn’t significantly changed when a person drinks a caffeinated drink or a non-caffeinated drink. So as long as you enjoy your coffee in normal amounts, there’s no reason to fear dehydration.

The "powers" of coffee were discovered by goats.
 
According to legend, Ethiopian shepherds were the first to notice the caffeinating effects of coffee. They were herding their goats in the area where the coffee plants grow, and noticed their goats started “dancing” after eating coffee berries.

Coffee can lead to a longer and healthier life.  
Coffee has lots of antioxidants that help our body fight chemicals called “free radicals”. Thanks to that, coffee drinkers are at a lower risk of diseases such as Parkinson’s, Type II Diabetes, and certain heart problems. However, coffee drinkers are also more likely to have unhealthy habits such as smoking and drinking alcohol. The study shown above has been adjusted to show what could happen if these other factors weren’t in effect.

Coffee contains important nutrients.

In Modi era, petrol costs more than aviation fuel

Petrol for common man costs more than the Aviation Turbine Fuel used in planes, Congress said on Monday while seeking to paint the Narendra Modi government as anti-poor and questioning it for the “grave injustice”.

What is “more painful” today is the fact that the price of petrol paid by the common man is Rs 61.33 per litre as against price of aviation fuel which is Rs 52.42 per litre, Congress spokesman

Randeep Surjewala told reporters here.

Terming it as “most shocking”, he said the government is “anti-poor and anti-farmer” as he accused it of “shameless profiteering” and “betraying” the people by refusing to reduce the prices of Petrol.

“Will the BJP and Modi answer the fundamental reason for this grave injustice to the people where they pay more for fuel in ordinary scooter/motorcycle/car/tractor as compared to the Aviation Turbine Fuel used by airplanes,” he asked.
[the indian express]

India catches up with Japan!

A Japanese came to India.

He took a taxi to go to airport.

On the way, a Honda overtakes.
Japanese said : Honda made in Japan, very fast!
Next a Toyota overtakes,
again he said : Toyota made in Japan, very fast!

Airport came and the meter showed RS 3000.

Why so much the Japanese asked.
Driver : Meter made in India, very fast !

Contributed by

R.K.Viswnathan

BANK LOAN DEFAULTERS

(the indian express, chennai)
-rbk.

A sample study on 'LIC PENSIONERS CHRONICLE'

Dear Mr Gangadharan,

On a suggestion by Mr M Sreenivasa Murty I undertook a sample study of visitors to the PC from 5/12/2014 to 4/1/2015 on 16 days-some days in the mornings and some days in the evenings - to have an idea of location-wise visitors to the blog. A total of 188 visits was logged and the summary is attached.

Interestingly, Hyderabad logs the highest percentage followed by 

Chennai and a person logging from India without the indication of the place.

It may not be a foolproof study, but it gives a broad indication.

Kind regards.

C H Mahadevan

TNC RANGARAJAN

New Year Resolutions

We are all in the habit of making New Year resolutions 

only to see them getting broken in a matter of days or weeks. 

These resolutions may centre around career, health, 

education or may be about overcoming certain bad habits. 

But doing without any goal is no answer. We ought to 

know where we are going!

• It is better to begin with some kind of target rather than entering the New Year with a blank mind. We can sort our lives into separate compartments and ensure that no area of living is neglected. Keeping physically fit by eating healthy food and exercise, improving finances through intelligent management of resources, taking steps for career advancement, eliminating unhealthy addictions, contributing in some way to the betterment of the community are some areas that can do with some attention.

• Mental wellbeing is important. Take time out for prayer, meditation or fellowship. Bishop John H Vincent had got his resolution printed as follows: “I will this day try to live a simple, sincere and serene life, repelling promptly every thought of discontent, anxiety, discouragement, impurity and self-seeking, cultivating cheerfulness, magnanimity, charity and the habit of holy silence; exercising economy in expenditure, carefulness in conversation, diligence in appointed service, fidelity to every trust and a childlike trust in God.”

As you enter the unknown future, you may need faith to meet its challenges. A faith that can move mountains, a hope that keeps you going and above all love which keeps all relationships well-oiled can be so helpful.

“Life without love is a disaster,” wrote German theologian Paul E Billheimer “The person who has made the most spectacular success but reaches life’s end without learning love has totally failed. Do not envy those in the limelight of publicity, those with scintillating intellects or those who have accumulated great wealth and all that it affords. If one hasn’t learnt to love in the process, his life is a disaster.”

Look for opportunities to express this love; you will find them in plenty. As you go along, sow seeds of empathy, compassion and encouragement; appreciate and motivate people to do their best—your year will be enriched thereby.

Our sense of righteousness is coloured by our selfishness, greed and pride and hence we should guard against these. Most conflicts among humans can be traced to a lack of concurrence on what constitutes righteousness.

Life is often measured by time, and those who waste time, are actually wasting life. The fading of the past year and the dawn of the New Year must alert us to the need to live every moment of it. Since life is short we must determine to “redeem time.” Procrastination, idleness and aimless drifting have proved to be very costly to many would-be achievers.

James Allen, spiritual writer, reminds us: “Every day is a new birth in time, holding out new beginnings, new possibilities and new achievements. The ages have witnessed stars in their orbits, but this day, no age hath witnessed. It is a new appearance, a new reality. It heralds a new life — yea, a new order, a new society, a new age. It holds out new hopes, new opportunities, to all. In it you can become a new man, a new woman. For you it can be the day of regeneration, renewal, rebirth. From the old past with its mistakes, failures, and sorrows, you can give rise to a new being, endued with power and purpose, and radiant with the inspiration of a new ideal.

By M.P.K.Kutty
( thru: R.B.KISHORE,VP,AIRIEF ) 

Got your stopwatch? 

Ready, set, go!

5 seconds: It only takes five seconds to smile and say 'good morning'. Whether you meet a co-worker first thing in the morning at work, or pass your neighbour on a morning walk, take the effort to smile and vocalise a verbal greeting rather than going with a mere nod of acknowledgement. The added friendliness will add much to your life – and theirs!

(Chronicle)

PS. There's no need to go overboard, so avoid stopping people in mid-walk for long chats, or starting your day at work by shaking hands with everyone like a politician canvassing for votes.

10 seconds: Give up your place in queue to the elderly person behind you. We've all but forgotten our culture of ancestor-worship, and senior citizens who've spent years earning their place in life often get unfairly brushed aside. Bring a smile to the face of someone in their golden years with this little gesture of courtesy, particularly if you're just killing time on a Saturday at the mall or supermarket.

30 seconds: Eat a fruit. One apple, one banana, one guava, one sapodilla (sapota/chikoo) is all it takes to up your daily nutrition and fibre count, with hardly any calories added to your diet. 

Oh, and in case you were reaching for that 

tinned pineapple, cooked or tinned fruit, don't count.

60 seconds: Did you spend too much? We invariably do! Cut back on impulse buys with this simple strategy : before you head to the billing counter, take a minute to run an eye over your purchases. Put back anything you don't really need or have second thoughts about (there's always at least one thing!). Saving that 300, 200 or 100 bucks extra will add up to significant gains in the long run. Plus, you'll be teaching yourself fiscal discipline, a very important trait in a straitened economy where markets are, surprisingly, still crowded with attractive non-essentials.

2 minutes: Apply sunblock or sunscreen before you step out. With the hole in the ozone layer, slathering on sun-protection lotion has become as vital as filtering your drinking water. Invest in a good sunscreen with an SPF or Sun Protection Factor of 20 or more to keep skin cancer at bay. And no, a scarf wrapped around your face does not, repeat, does not, do the job. Damaging UV rays can easily filter through the fabric, quite apart from their being a breeding-ground for acne and pimples.

5 minutes: Brush before bedtime. It'll make your teeth last twenty years longer. Allowing food particles to stay in your teeth overnight makes your mouth an all-night party for germs. So scrub those pearly-whites before you turn in at night!

Start the year right with these little things that only take a few minutes, or even seconds – and watch the your quality of life

(Recd thru V.Gopalan)

- SN.

Babus may get flexi-hours back

Encouraged by its employees working harder and longer after the introduction of the Aadhaar-enabled attendance system, the Modi government is likely to revisit a plan to introduce flexible work timings for bureaucrats.

Government sources told HT there was recognition within the government on the need to introduce flexi-timings on a limited scale that would help employees strike balance in work-family commitments owing to the realities of a nucleus family.

This comes after an analysis of data generated by the new attendance system indicated 47,000 government employees who moved to the biometric system are already working 20 minutes longer than they did in September when the system was introduced.

“This average increase of 20-minutes per day means an approximate gain of 16,000 man-hours. This gain is equivalent to an additional workforce of almost 1900 employees every day,” a senior government official said.

From 1 January, all government officials in Delhi are required to mark their presence on this system.

“There is a need to incorporate flexi-timings for employees where needed and possible, without compromising on average work-hours to boost productivity further,” the official told HT.

(Recd thru V Gopalan)

They Walk Among Us 

I walked into a Starbucks with a
buy-one-get-one-free coupon
for a Grande Latte. 

I handed it to the girl and she looked over at a little chalkboard that said "buy one-get one free." 

"They're already buy-one-get-one-free," she said, 

"so I guess they're both free." 

She handed me my free Lattes and I walked out the door.

(courtesy: s.vasudeva)
Illustration:Chronicle

AIBRF CIRCULAR

Dear Sir

Re: Submission of Memorandum to PM on Retiree

Demands

You may be aware that the Finance Ministry has organised “Gyan
Sangam” at Pune on 2nd & 3rd January, 2015 to discuss and suggest the
various reforms needed in the banking industry to improve its
functioning. The Conference will be attended by top brass from the
banking industry including RBI Governor. It will be addressed by the
Prime Minister and the Finance Minister. One of the modules to be
discussed is HR related issues in the banking industry.

2.On this occasion, AIBRF decided to submit the enclosed
memorandum to the Prime Minister drawing his attention on long
pending demands of the retirees with the request to resolve them
urgently.

3. AIBRF Delegation under the leadership of the President, Shri
S.M.Deshpande met the Member of Parliament from Pune, Shri Anil
Shirole who received the memorandum on behalf of the Prime Minister.
During the meeting with the delegation, he assured that the
memorandum will be handed over to the Prime Minister personally
during his visit to Pune.

4. We are arranging to handover the memorandum to RBI Governor &
CMDs of banks.

With Regards,

Yours Sincerely,
( S.C.JAIN )
GENERAL SECRETARY

"take immediate decision on our demands without linking

them with the wage settlement of bank employees"-AIBRF

HK AGGARWAL

WE HAVE A SOLID CASE FOR VICTORY writes RB KISHORE VP AIRIEF.‏

THE HISTORIC JUDGEMENT DATED 12.1.2010 OF  HON'BL JUSTICE BHANDARI OF  RAJASTHAN HC JAIPUR  ALLOWING BOTH THE  WRITS OF 1998 & 2007 ON DA ANOMALY & UPGRADATION RESPECTIVELY FILED BY SH KML ASTHANA & OTHERS, AND SUBSEQUENTLY PUNJAB & HARYANA HC AND DELHI HC HAVE ALSO PRONOUNCED VERDICTS ON THE SHOULDERS OF HON. JUSTICE BHANDARI'S JUDGEMENT- P&H HC GRANTING 12% INTEREST AND DELHI HC MAKING THE VERDICT APPLICABLE "IN REM" IE. TO  ALL PENSIONERS- SHOULD LEAVE NO DOUBTS THAT WE WILL GET FULL JUSTICE WHEN WORTHY SUPREME COURT DISMISSES LICs CAs. NEXT DATE OF HEARING IS 14.1.2015- MAKKAR SANKRANTI DAY. PRAY AND HAVE FAITH . TRUTH WILL TRIUMPH.       

H K AGGARWAL.

VARISHT SANDESH: BR MEHTA writes to VC Jain

Dear Sh. V. C Jain,

We have read E- Magazine dated 01-01-2015 of your Indore Unit under the name Varisht Sandesh Issue No. 39 and at para No. 4 through your highly objectionable comments regarding Panchkula AIRIEF unit ... ...

Having served as GS of AIRIEF for total six years period you could have raised your own personality in such a way that today you must have been a tallest leader in LIC Pensioners community but Afsos you worked as a spokes person of only one individual compromising all principles of a progressive institution which should have been like

Democratic outlook
Financial Discipline
and Transparency

We are very sorry to say with a heavy heart that during your six years term as GS, you have tried to do operation cover up only.

And when Panchkula AIRIEF Unit raised issues relating to above referred basic principles, you tried to silence our voice through your policy of proving us like a villain.

Now today when you do not happen to be an All India Office Bearer of AIRIEF, how you can write all such wrong things in your house magazine. All Units of AIRIEF whether Indore which you represent or Panchkula being represented by Sh.S.N. Chhabra have equal rights. Who has given you a license to criticise any other AIRIEF unit like Panchkula.

Varisht Sandesh

'Ripple effect'

Dear Editor, 

Sri C H Mahadevan's succinct demolition of the 'ripple effect'
theory should set at naught any possible attempt, by any party 

before the Supreme Court (to deny LIC Pensioners, what is 

legitimately due to them). Likewise, cost constraints, brought 

on to the stage ironically by the wrong parties under a glorified 

term 'funded scheme' has already been exposed to be equally

hollow.

While we need to move on from the peripheral issues to the

real ones from now on, I welcome the ripple of effect of these

and similar topics that generated interesting discussion

among ourselves through the platform provided by the

Chronicle.

Let us keep ourselves well informed of what all is

happening and what more should happen to make it to

the D Day.

Will share my thoughts soon, even if I am repeating some.

Thanks and regards,

Sreenivasa Murty M

Biggest ironies in India...

We live in a country 
where seeing a policeman 
makes us nervous rather 
than feeling safe.



(recd thru rbk)
illustration: Chronicle.

In my view ,"the ripple effect" argument can be made only at the political level 
by the GOI, but it will not hold water in the courts as the LIC and other Public 
Sector organisations are distinct entities.

The service of employees are not inter changeable and the post retirement 
benefits are not identical. For instance, there is a welfare fund set up by each 
public sector bank for meeting domiciliary medical expenses, while LIC has no 
such arrangement. 

The litigation of LIC pensioners has arisen, inter alia, out of a resolution in LIC 
Board of Directors on 24/11/2001, while there is no such trigger for the Banking
sector. RBI has made some beneficial changes for pensioners and Family 
Pensioners,but the so called 'ripple effect' has not flown to even the Public 
Sector Bank pensioners, leave alone LIC pensioners.I would rather term it as 
a 'wriggle out' attempt to deny legally entitled and legitimate benefits to LIC 
pensioners. I am sure Supreme Court will definitely consider this aspect while 
deciding on the Civil Appeals.

So no need to worry; 'ripple effect' will have very little effect! 
Kind regards.
C H Mahadevan

Damocles Sword hanging :Reply Silver lining : UOI NO GROUND TO INTERVENE

We have Supreme Court judgement dt 3/6/10 categorically stating that Statutory Bodies created under law by Govt hold independent position & decision making & Superior authority cannot & must not intervene & even if they do so, that authorities dictat shall not prevail or hold good.

“Therefore, the law on the question can be summarized to the effect that no higher authority in the hierarchy or an Appellate or Revisional authority can exercise the powers of the Statutory authority nor the superior authority can mortgage its wisdom and direct the statutory authority to act in a particular manner . If the appellate or revisional authority takes upon itself the task of the statutory authority and passes an order, it remain unenforceable for the reason that it cannot be termed to be in order passed under the Act”

It is , therefore, abundantly clear from the above, that when once. after all due considerations & circumstances etc, the Pension Rules, 1995,as a Complete Code by itself,was promulgated by LIC with Govt Notification, all pros & cons are cleared & the course of Pension Rules, 1995 must run without any interference by Higher Authority or UOI. Here LIC is the Statutory Authority & UOI is the Revisional Authority.

Therefore the Corporation is bound to implement the decision it has taken in its Board meeting held on 24.11.2001 with DR rectification for pre-8/97 pensioners & pension upgradation open at that point of time with merger of Revised DR with Basic Pension & so on consecutively for CPI 600,1148,1740

It is settled law as laid down by the Hon’ble Supreme Court in catena of judgments that in the functioning of Boards of Statutory Authority,- the State, its authorities, Ministers and Politicians have no say.

The Hon Kerala HC observed “the status of the Corporation (KSWC) as a jurist person, as a body corporate with a common seal and its existence would be scuttled and subservient to the dictates of the Govt,as if the Corporation is a department in the Govt. This is plainly impermissible ”

SEC 48 is only to make rules & not to interfere in the working of the RULES.CG cannot sit on judgement on every matter decided by LIC. Further,as UOI Counsel said in SINGLE JUDGE hearing, there was nothing of public interest involved beyond framing of PENSION REGULATIONS, 1995.

It is made abundantly clear in both the Single Judge Verdict dt 12/1/2010 as well as the Hon DB Jaipur HC verdict dt 21/1/2011 that as UOI intervention is not now required ,that silence so far itself is construed as acceptance of UOI decision of LIC Board Resolution, that UOI has not given any written guidelines on any policy matter affecting public interest, it ipso facto becomes explicit that an Order by LIC Board is quite sufficient,& there is no need for any amendment of Pension Rules .

Biggest ironies in India

In IAS exam, a person writes a brilliant 1500 words essay about how Dowry is a social evil. Impresses everyone and cracks the exam.

Later same person demands a dowry of 1 crore, because he is an IAS officer.



(Recd thru rbk.)
Illustration: Chronicle.

PETROL DIESEL PRICES CUT (EXCISE DUTY INCREASED)

New Delhi: With international crude oil rates slipping below $55 a barrel, state-run oil marketers had a New Year Day gift of a cut petrol and diesel rates by Rs.2 a litre, excluding local taxes.

Allowing for local levies, petrol per litre from Thursday costs Rs.61.33 in Delhi, Rs.68.86 in Mumbai, Rs.68.65 in Kolkata and Rs.63.94 in Chennai.

DR increase

Biggest ironies in India

We'd rather spend 
more on 
daughters wedding than on her education.

(Recd thru RBK)
Illustration: Chronicle.

The Four Candles