Monday, September 07, 2015
LIC SEVERELY PULLED UP. ASKED TO PAY IN TWO WEEKS OR FACE THE COURT
SC CASE * P&H Murty's IA No.3 * LIC severely
pulled up.
Fantastic order passed to pay arrears in two weeks
* IF NOT THE CONCERNED AUTHORITY TO APPEAR
BEFORE THE COURT * Details awaited.
Wedding cake
The unending
debate over our legal matters often clogging Chronicle’s precious space why not
laugh a while and be relaxed. It is the Editor’s prerogative to read and laugh
and allow others too or just brush it aside.
A doctor was
addressing a large gathering : ‘ The stuff we put in our stomach is enough to
have killed most of us sitting here long ago. Meat is awful, soft drinks corrode
your stomach lining, Chinese food is loaded with MSG. None of us realize the
long term harm caused by germs in our drinking water. However there is one
thing that is the most dangerous of all and we all have eaten it or will eat
it. Can anyone tell me what food that cause the most
grief and suffering for years after eating it ‘. After some seconds of quiet a
75 year old man in the front row raised his hand and softly said “ WEDDING CAKE
“
R.K.VISWANATHAN
Sunday, September 06, 2015
IN SUPREME COURT TODAY
Dear Sri Gangadharan,
I arrived at Delhi this morning and met Mr Jay Savla (he got his office opened on a Sunday specially on my request) and we had an in depth review of our case for over an hour.
Mr Savla and I took stock of all crucial aspects of our case as well as the extreme time constraint on an 'Admissions Day' like tomorrow (when some 100 items will be disposed of in an hour). We cautioned ourselves that he may get some 30 Seconds to place his submissions on our IA to the Bench and whether we get a minute or two more depends on several other factors.
Mr Savla is prepared 100% to say what he should say in 30 seconds.
We expect LIC Sr. Counsel to be as belligerent as in the past to mislead the Bench once again, what with new claims like 'the payment is already made in Jaipur and we are about to pay in Delhi etc.,' He may even accuse that Chandigarh group is not cooperating to receive payment though LIC is ready to pay.
- Our limited aim through the IA is to take to the Notice of the Bench the game of 'denial' perfected by LIC when it comes to its Pensioners. We hope to succeed in the LIMITED MISSION.
- One possibility is that LIC may be directed to file a reply to our IA and it may get posted to 23rd Sept to be heard along with the main Appeals, According to Mr Savla , such an outcome should be good enough for us, as we stand at an advantage on 23rd. Of course there are several other possibilities.
Let us therefore wait for tomorrow. And pray for good things in the meantime.
Sreenivasa Murty M
Camp: New Delhi
PS: Mr Savla informs me that only the IA filed on behalf of the Chandigarh Petitioners is listed for tomorrow. It may be a matter between LIC & them. Others may have to be mere onlookers. No clubbing/tagging with Jaipur for once.
MP Subrahmanian sets standards for others; forgets own role !
6 Sep 15, 04:33 PM
Gopan.sardesai: I have seen what MP Subrahmanian has written. On the whole it appears, describing an innocent cartoon and remarks as RIDICULING, RUBBISH etc. rather harsh and a cruel job. He (Shri MPS) is presently an AIRIEFVISION commentator appointed by RBK initiative. It is no wonder he harps on journalistic ethics etc.
If your readers remember he appears to be the same person who a couple of years ago (April 2013?) wrote an open letter to GNS calling him an EGOIST AND A NEGATIVE PROFESSOR..
It is not surprising this gentleman has come out openly to teach ETHICS. The cartoon is a poser to RBKISHORE. Such cartoons and cartoonists deserve praise and the present attempt of AIRIEF leaders to ridicule such journalistic excellence with English words should be discouraged.Will it be possible for Editorji to locate Shri MP Subramanian's post to tell the readers about his 'standards?
Shri MP Subrahmanian's study on morality's effect on blogs has double standards. He can call a senior leader like GNS an EGOIST AND NEGATIVE PROFESSOR. That shows his standard of journalistic ethics.He is a Professor in journalistic ethics. May the tribe of P.Ramanathan and MP Subrahmanian increase...
6 Sep 15, 08:25 PM
If your readers remember he appears to be the same person who a couple of years ago (April 2013?) wrote an open letter to GNS calling him an EGOIST AND A NEGATIVE PROFESSOR..
It is not surprising this gentleman has come out openly to teach ETHICS. The cartoon is a poser to RBKISHORE. Such cartoons and cartoonists deserve praise and the present attempt of AIRIEF leaders to ridicule such journalistic excellence with English words should be discouraged.Will it be possible for Editorji to locate Shri MP Subramanian's post to tell the readers about his 'standards?
Shri MP Subrahmanian's study on morality's effect on blogs has double standards. He can call a senior leader like GNS an EGOIST AND NEGATIVE PROFESSOR. That shows his standard of journalistic ethics.He is a Professor in journalistic ethics. May the tribe of P.Ramanathan and MP Subrahmanian increase...
6 Sep 15, 08:25 PM
B.R.Mehta: Tribe of People like MPS and PR just follows blindly a
selected few. They can go to any extent to criticise others but such
people are never ready to listen or read any thing against those
selected few whom they follow blindly.
selected few. They can go to any extent to criticise others but such
people are never ready to listen or read any thing against those
selected few whom they follow blindly.
ON REVISION/UPDATION OF PENSIONS
SUPREME COURT (CASE-LAW) ON REVISION
/ UPDATION OF PENSIONS—PART-I
Now, Whereas Pensions Of Central Government Retirees / Pensioners And State Government
Retirees / Pensioners Are Updated /
Revised At Every Pay Revision, Pensions Of
Retirees Of Many
Instrumentalities Of “The State”( “The State”, As Defined In Article
12 Of The Constitution Of India) Are Not Updated / Revised At Every Wage Revision / Pay Revision For
Their Employees . Hon’ble The Supreme
Court Of India Stressing The Need For Revision / Updation Of Pensions Of The
Pensioners Of “The State”(“The State”,As Defined In Article 12 Of
The Constitution Of India) “And Its Instrumentalities”, Categorically Stated “In Countless
Judgments Thereof”, “That The Benefits Of Pay Revision / Wage Revision” “Must Be Passed On To The Existing
Pensioners Also”. First And Foremost Amongst Them All, Is The
5 Judge Constitution Bench Judgment Of Hon’ble The Supreme Court Of India In
D.S. Nakara And Others Vs. Union Of India”,“The Ratio Of Which Is Being
Followed By Hon’ble The Supreme Court Of India In All The Subsequent Judgments
Thereof”. I Would Like To Acquaint
My Fellow Pensioners
“With The Case-Law Of Hon’ble The Supreme Court Of India On Revision /
Updation Of Pensions”.
To-Day “Many
Instrumentalities Of “The
State”(“The State”, As Defined In
Article 12 Of The
Constitution Of India),
Are Paying Different
Kinds / Types Of Pensions
To Their Pensioners”,
“Based On Their
Dates Of Retirements”. There Is “Not A Single Valid,
Justifiable And Cogent Reason”
Forthcoming From Those Instrumentalities
Of “The State”, “For Dividing
Their Pensioners / Retirees”,
“Who Retired There From” “At
Different Dates”, “Except Their
Decision To Pay Something More To Some Pensioners", "Who Retired
Subsequent To A Specified Date”, “Simultaneously, Denying The Same To Those Who
Retired Prior To That Specified Date". This Attitude Of
“The State”(“The State”, As
Defined In Article 12 Of The
Constitution Of India), And Its
Instrumentalities Had Been Spurned And Strongly Denounced
By Hon’ble The Supreme Court Of India In D.S. Nakara And
Others. Versus Union Of India,, In The Following Words :
OROP
The orop anouncement by Modi Sarkar for defence personnel is
welcome. But it will not have any impact on our case because the orop
will not be available for other sectors as per the GOI stand.Our case
managers and counsels should argue effectively and convince the judges
to get the benefit extended to us.
A V Subbaraman Coimbatore Division
ZERO TOLERANCE
We're republishing the 'controversial' "rubbish cartoon with ridiculing comments!"
![]() |
| Whose turn it will be in AIRIEF to talk about PENSION? |
"Does his (RBK's) action warrants such ridiculing
comments with a rubbish cartoon ?
Does it exhibit
the ethics of journalism?"
WRITES MP SUBRAHMANIAN,MADURAI.
"This is * the most unkindest cut of all,
this barbaric, brutal, callous, cold-blooded,
cruel, filthy, harsh, heartless, illogical,
immoral, improper, inhuman, insensitive,
merciless, off-colour, outrageous, reckless,
ridiculous, savage, shocking, tasteless,
unbecoming, uncaring, unkind, unseemly,
vicious and vile hitting below the belt",
writes P.Ramanathan
*The most unkindest cut of all
Marcus Antonius:
For Brutus, as you know, was Caesar's angel.
Judge, O you gods, how dearly Caesar lov'd him!
This was the most unkindest cut of all;
For when the noble Caesar saw him stab,
Ingratitude, more strong than traitors' arms,
Quite vanquish'd him: then burst his mighty
heart. . . .
writes RB KISHORE
Marcus Antonius:
For Brutus, as you know, was Caesar's angel.
Judge, O you gods, how dearly Caesar lov'd him!
This was the most unkindest cut of all;
For when the noble Caesar saw him stab,
Ingratitude, more strong than traitors' arms,
Quite vanquish'd him: then burst his mighty
heart. . . .
writes RB KISHORE
We have no comments to add !
Chat column comments
6 Sep 15, 08:18 AM
JM Aboobucker: The Modi Govt. announcement of OROP to the Armed Forces Retirees is a shot in the arms of LIC Pensioners. Our demand is also almost similar to that of OROP. Our Counsels in the SC case should be able to argue our case with more vigour quoting the acceptance of OROP by GOI and create sympathy in the minds of the Judges for a favourable decision to us.
5 Sep 15, 08:09 PM
B.R.Mehta: LIC Pensioners will have to struggle and fight a very long battle even after OROP is accepted for ex soldiers by GOI
IBA - an authority without accountability, writes S RAMACHANDRAN
Shri S. Ramchandran ( age 77 years) , a retired General Manager of PSU bank, has written a letter to Hon Finance Minister expressing deep concern on the status of Indian Banks’ Association. The subject of the letter is as follows.
"Unheard of an Authority without Accountability and Responsibility in a country wedded to Rule of Law – Indian Banks’ Association."
He has also written a letter to Chairman & Managing Director of United India Insurance Company regarding Group Health Insurance policy for bank employees. The letter seeks clarifications regarding the terms of policy and invites attention to IRDA guidelines.
Source: bankpensioner google group
In the heaven of fearlessness…
Fear is a mirage
That grows with age
Keeps one in bay
Puts one in disadvantage!
Fear is an illusion
Puts one in delusion
Keeps his mind in pollution
Leads one to privation!
Fear is delirium
Requires ‘valium’
kills one for millennium!
Fear of the unknown
Fear of the unseen
Just of the shadow!
Fear of the death
Fear of loss
Just of the ghost!
Fear of failure
Makes one inactive
Funny is the force of fear!
Fear is to be feared
Killer is to be killed
With thought positive
Faith in the Almighty
Sure leads one to plenty
Plenty of peace and poise
Poise that liberates from
The kingdom of fear
And leads to
The Heaven of Fearlessness!
Visit NV Subbaraman's blog: https://nvsr.wordpress.com
Saturday, September 05, 2015
Be warned, we will have miles to go even after court pronouncement
5 Sep 15, 06:14 PM
jn christian: the govt has announced much awaited OROP. the defence veterans r in dilema whethet to laugh or cry bcz the VRS clause is not clear. as there is no vrs in armed forces for veterans. SO veterans are calling it a bogey call till proper orders and FAQ are published.
So licians pl keep a close eye on orop drama till it ends and then come to a conclusion urself that NOT TO LEAVE FIGHT TILL U ACHIEVE UR GOAL.
Few days back i have commented that if licians manage to clinh a favourable verdict from judicary still there is no guarantee that it will be implemented in true spirit....
Finally let us c what orop has to prove when it reaches it logical end as far as learning curve is concerned.....
Govt announces One Rank One Pension for ex-servicemen
The government on Saturday announced the implementation of the long-awaited OROP scheme assuring an equal pension to three million military personnel retiring in the same rank with the same length of service, regardless of the date of retirement.
Defence minister Manohar Parrikar announced the one rank, one pension scheme during a press conference.
Earlier in the day, veterans, who had been holding protests across the country for 82 days, met Parrikar and said the defence minister had assured them that the government has broadly accepted the concept of OROP.
They had reiterated their stand that they will not accept any unilateral move by the government and said that its reported plans to exclude ex-servicemen who had opted for VRS from OROPscheme was not acceptable to them.
The government announced its decision to remove disparities in pensions of veterans by effecting a revision every five years. After protracted negotiations with ex-servicemen failed to iron out differences, the government issued orders for the implementation of the one rank, one pension scheme from July 1, 2014.
New pensions would be fixed with 2013 as the base year and "discrepancy between the present and previous pensioners" settled every five years, sources said.
The government would constitute a single-member judicial committee to look into various aspects of OROP including inter-services matters. It will submit its report in six months.
The government's calculations show that the annual payout towards implementing OROP would be in the range of Rs 8,000 crore to Rs 10,000 crore, with the figures spiralling upwards in the coming years. Also, sources said, arrears would amount to anywhere between Rs 10,000 crore and Rs 12,000 crore.
While widows will get arrears in lump-sum, others will be paid in four half-yearly installments. Army personnel who have taken voluntary retirement will not be covered under OROP.
(the hindustan times)
Tactical move
5 Sep 15, 11:16 AM
JM Aboobucker: It is a tactical move by LIC to effect the ad--interim 20% payment so urgently to the Jaipur Petitioners on the eve of the SC hearing of IA of P& H Petitioners.
LIC counsel would say on the 7th hearing in SC that they have honoured the SC Order wherever it was possible and the non-payment in some cases are only due to technical difficulty and as such they are NOT AT FAULT for the same.
RE 20% PAYMENT
Ironically it has emerged that
LIC has been more gracious
than it has so far intended to be
while remitting amount in
Jaipur High Court Registry.
In respect of Mr A P Tiwary who is one of the petitioners in Jaipur,LIC had totally paid Rs 14984/-as arrears upto 31st Oct 2013.
In respect of Mr A P Tiwary who is one of the petitioners in Jaipur,LIC had totally paid Rs 14984/-as arrears upto 31st Oct 2013.
On a query by Mr R K Sahni who had calculated that only Rs 504/- was payable to Mr Tiwary as per the (faulty) method adopted by LIC,I happened to work out independently and the arrears as per my calculation worked out to Rs 505/-, almost the same as worked out by Mr Sahni.
This is a singular instance of LIC's graciousness-not conscious though.So if Mr Tiwary has got Rs 2997/- plus another amount to the extent of 20% of revised Basic Pension & DR for 18 months from November 2013 to April 2015,then there will be an excess payment made to Mr Tiwary.I am sure LIC Auditors will raise a query with a special report!
Of course, I am happy about the excess payment
if it has been made to Mr. Tiwary by way of interim relief!
Whether we had success so far or not, we can definitely celebrate the excess!
Greetings.
C H Mahadevan
20% PAYMENT MADE IN JAIPUR ?
It is learnt that 20% payment has been MADE
to the pre-97 retiree petitioners of Jaipur by
direct credit to their respective Bank Accounts.
If this news is confirmed to be correct, the
theory that the withdrawal has nothing to do
with payment stands disproved.
This was expected of LIC for it to be able to make some bold postures in SC on 7th.
One has to now wait and see whether this will be happily acquiesced by the Jaipur Petitioners (just by looking the other way) or make any attempt to inform the SC that the payment thrust on some of the Petitioners, is totally unrelated to what is due under the Jaipur Judgement.
IA No 3 filed on behalf of Chandigarh Petitioners, will be vehemently pursued to its logical conclusion, ignoring the biased predictions of some small-minded onlookers. It was said 'any thing may happen'. Yes, any thing may happen.
Pensioners may gain big on 7th or they have nothing to lose.
Thanks and regards,
Sreenivasa Murty M
Friday, September 04, 2015
A direct question to AIRIEF LEADERSHIP
Dear sir,
Why the AIRIEF is not coming up to deal the case on its own on the basis of judgements instead of wooing Mr Astana(with due respects to his contributions so far)who it appears is taking a totalitarin posture above the head of federation who is actually funding the case
- For the past an year or so i am totally disappointed that the ongoing very useful and valuable discussions on legal issues not being taken of or being acknowledged .Are they not obliged to come out with solid face of action to be taken for 23 September hearing.
S meenakshisundaram
'BANK NEWS'
UNION BANK RETIRED EMPLOYEES' ASSOCIATION
'Union Sandesh' a periodical publication
of Union Bank Officers' Association (Gujarat)
A recent issue forwarded herewithCLICK HERE
Yours sincerely,
B.G.Raithatha,
General Secretary
Thursday, September 03, 2015
Rumour, Asthana being called by LIC for talks
Dear Mr Asthana,
Just few minutes ago I received a telephonic message from a batch mate of mine from Kolkata,that his friend from Muzaffarpur informed him that you have been called by LIC Central office for some talks (quoting a source from Mumbai) to come within the next three or days. Is the news authentic or without basis.
I am sending this mail to seek a confirmation or denial whichever you may feel appropriate to respond with.
Kind regards.
C H Mahadevan
Boon or bane
In his post,Mr M V Venugopalan has stated,"The Hyderabad Group have broken away from AIRIEF". If
by Hyderabad Group, he means the retired LIC Class I Officers' Association, Hyderabad it is not true, because we were never affiliated
to AIRIEF. But a number of our members (including me) are even now dual
members for life of the Hyderabad Unit of AIRIEF. But I can inform Mr
Venugopalan that our Association got itself disaffiliated from the
Federation of Retired LIC Class I Officers' Associations last year.
Now
our Association is a Registered independent Association of Retired
Class I Officers with members from Telengana & Andhra Pradesh.
With greetings,
C H Mahadevan
" I " and Faith
It starts with "I". Well you see my
body, but this is a superficial view. In
addition to my body there is another
component which enables me to feel Joy and
Sorrow. This part of me is "Mind". Moving
a little deeper, I find another part of me
which enables me to control my Mind - that
is "Intellect". Looking further - when I am
awake, I see the "Universe" around me, but
what happens when I am asleep? I am unaware
of what is happening around me. But in my
dream I may feel and see some really
amazing things! Is the "Dreamer" different
from the "Waker". It is difficult, nay
impossible to answer.
It appears that "I" am in a different world when "I" am awake from the one "I" inhabit during my sleep. The Vedas examine whether there is only one world, which "I" see in my waking state or more than one world. It is this "I" to which the name "Awareness" or " Consciousness" is given. The Vedas call it "Atma" or "Soul." In the vast literature on Indian philosophy and in the Upanishads, where the nature of Atma is explored, it is described as "Self". A closer look indicates that all existence is the interplay of "Consciousness", "Action" and "Matter" or else interplay of "Mind" "Matter" and "Motion" or worded slightly differently, as the interaction of "Knowledge", "Objects" and "Process."
An object occupies "Space," whereas "Awareness" does not. This brings us to the question - like the one that hen came first or the egg, whether Awareness or Consciousness came first or Existence? There are three aspects - that of Seeing or Observing, that of being seen or observed and that of the one who is observing the object which is seen. It is difficult to decide the sequence of Awareness and Existence because Awareness of an object is proof of its Existence, but the fact that we are not Aware of a thing does not mean that it does not Exist.
That is where Faith comes in! The fact that we he have not come face to face with something does not mean that it may not be existing at all. So always think positively and just don't believe that the thing is not existing. This applies to our belief in God too. How many of us have seen him? So it is all a matter of faith, which governs our thinking.
SC Hearing
AN OPEN QUESTION AND AN OFFER TO SRI GN SRIDHARAN & SRI KRISHNA MURARI LAL ASTHANA
ARE YOU HAPPY WITH LIC’S COMPLIANCE TO THE SUPREME COURT’S INTERIM DIRECTIONS DATED 7 MAY 2015 TO PAY 20% OF THE AMOUNT DUE UNDER THE JUDGEMENTS?
IF NOT, INSTRUCT YOUR COUNSEL TO APPEAR ON 7 SEPT IN COURT NO 5 (ITEM No 3) OF THE SUPREME COURT BEFORE JUSTICE DIPAK MISRA AND SAY SO WITH REASONS.
WE NOW HAVE A GREAT OPPORTUNITY TO CALL LIC’S BLUFF AND TO ASSIST OUR CO-PENSIONERS
M. SREENIVASA MURTY
Wednesday, September 02, 2015
MV Venugopalan
Dear Editor,
This is with reference to Shri.C.H.Mahadevan’s reply dt 27-8-15 in reply to my Post dt 26th August under the caption “Point of no Return”. I want to stress that I don’t fully subscribe to the views expressed by a few of our pensioners with regard to the Judgment of Hon’ble Bhandari when I used the word ‘SKETCHY’. In the process I was only trying to impress upon our Captains that the SC hearing on23rd of September is not going to be a ‘a walk-in-the-park’ for our leaders but a gargantuan and uphill task for them. Thanks to him for the providing the link to the said judgment that I had the opportunity of revisiting the same in depth. The judgment has chosen the Board Resolution as the foundation on which the edifice of our case is built. A few lines I have quoted below, which will corroborate my observation. they are: ".. If the resolution dt 24-11-2001 is implemented then, the grievance of the petitioners can come to an end.”..
“ 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”. It is pertinent to note that the judge has dealt with in detail the distinction between providing a cut-off date for a new pension and revision or liberalisation of an existing pension.
The judge has also taken pains to point out that on matters where the Board has passed a resolution, the matter need not go to the Government for its implementation unless and otherwise the matter is a policy decision involving public interest.
Even while highlighting the aspect of disparity “the benefit of revision in the pay scale from time to time was not extended to the pensioners etc... aforesaid aspect was also considered by the Board in its meeting held on 24-11-2001 and following decision was taken...”
While bringing in the celebrated , landmark ruling in the case of DS Nakara by the SC, the judge had dealt with the aspect of disparity created between two sets of pensioners as a result of introducing a cut-off date and has argued that the cut-off date cannot hold much water in a continuing scheme but would be relevant only when a new pension is introduced. He had not used the word absence of UP-GRADATION with every revision as the cause of the disparity.
In short, the devil is in the details. Only the words “up-gradation by giving weightage of 11.25% as in the case of in- service employees and admission of both the writs i.e one relating to the parity in DR and the up-gradation are in our favour. Here again, for our legal sustenance we have to rely heavily on the “Board resolution”. Is it not an accepted fact by now, that the Board resolution is not all that clear on up-gradation and if so what is the alternative open to us when the case comes up before the SC on 23rd September.
I have no difficulty with Mr.Mahadevan in accepting the fact that the LIC filed SLPs in the SC only because they found ‘sketchy’ and indirect reference to up-gradation in Shri.Bhandari's judgment. As I have been repeatedly mentioning removal of disparity in DR is a non-issue as far as the Govt. is concerned. We could’nt have forgotten what the Asst.Secretary finance told our representatives when they met him a couple of months ago. Let us give a deep thought to what the Senior Advocate mentioned to Mr.Murty: Even without the Board Resolution, you still have a strong and unassailable case on your hands. Let us, therefore, look for some ‘Alternate Medicine ’ to cure our ailments, instead of wholly depending upon the Board Resolution, which is ambiguous,unclear and open to multiple interpretations. LIC not giving weightage of 11.25% as for the in service employees has some link with its erroneous calculations.
Well, the present scenario is distressing, to say the least. Shri.Murty's move is a clever one; it may force LIC to come out in the open with its nefarious intentions,if any. What if they convince the court that the amount deposited by them is the correct one, according to their calculations, and the fault lies with the method pursued by the petitioners. It is also possible that the court may take a view that in as much as the final hearing is coming up on 23rd, it can be taken up at that point of time, as ruled by the Punjab and Haryana H.C. Nevertheless, the steps taken by him, commensurate with its urgency is laudable.
Mr.Sridharan’s letter to his members is admission of total misreading of LICs response. He swept all his legal acumen under the carpet for short-term gains by acceding to LICs stipulations asking him to furnish particulars of Federation members in the manner dictated by them. He has also taken anticipatory bail from his members who are waiting with bated breath, for that extra money by saying that his efforts may or may not bear fruits. He has given the handle to turn the tables on him by deposing before the SC that since Shri.GNS complied with their requirements partially, they were not in a position to disburse the arrears to them. How is GNS going to decide the appropriateness of the quantum when he , as well as the LIC are at a loss about who the beneficiaries are. Why did he not send the notice to LIC which Mr.Murty has sent now, mincing no words, that their letter is arbitrary and in total contravention of the SC Order of 7th May. A legal pundit, who even at this advanced age is practising, cannot have missed the legal import of the words ‘IN REM’.
The Hyderabad Group have broken away from AIRIEF. Neither Mr.Asthana nor Mr.Murty has any point of agreement with Shri.Sridharan. All the three of them have been acting independently of each other. Under the circumstances, does Mr.Mahadevan think that Mr.Sridharan would heed to his advice of accelerating any action he proposes to take against LIC before 23rd of September. Impossible!
This is just no speculation or kite flying but a possible scenario in the SC on 23rd, September 2015 . LIC is going to plead before the court that they were only too keen to implement the SC Interim Order of 7th May but all the three concerned parties failed to respond in the following manner:
The P&H HC petitioners didn’t allow us to withdraw the amount deposited in the registry,
Since Sri.Sridharan's federation represented only the Class I Officer Pensioners, we were unable to include all classes of employees, and, therefore, requested the Federation to furnish the particulars of their members in certain format. Since they did’nt comply with it in its entirety, we couldn't make the payment to them.
In respect of the Jaipur petitioners, it is utterly intriguing as Mr.Asthana seems to have decided to observe Mounvrita for the time being.
Even while highlighting the aspect of disparity “the benefit of revision in the pay scale from time to time was not extended to the pensioners etc... aforesaid aspect was also considered by the Board in its meeting held on 24-11-2001 and following decision was taken...”
While bringing in the celebrated , landmark ruling in the case of DS Nakara by the SC, the judge had dealt with the aspect of disparity created between two sets of pensioners as a result of introducing a cut-off date and has argued that the cut-off date cannot hold much water in a continuing scheme but would be relevant only when a new pension is introduced. He had not used the word absence of UP-GRADATION with every revision as the cause of the disparity.
In short, the devil is in the details. Only the words “up-gradation by giving weightage of 11.25% as in the case of in- service employees and admission of both the writs i.e one relating to the parity in DR and the up-gradation are in our favour. Here again, for our legal sustenance we have to rely heavily on the “Board resolution”. Is it not an accepted fact by now, that the Board resolution is not all that clear on up-gradation and if so what is the alternative open to us when the case comes up before the SC on 23rd September.
I have no difficulty with Mr.Mahadevan in accepting the fact that the LIC filed SLPs in the SC only because they found ‘sketchy’ and indirect reference to up-gradation in Shri.Bhandari's judgment. As I have been repeatedly mentioning removal of disparity in DR is a non-issue as far as the Govt. is concerned. We could’nt have forgotten what the Asst.Secretary finance told our representatives when they met him a couple of months ago. Let us give a deep thought to what the Senior Advocate mentioned to Mr.Murty: Even without the Board Resolution, you still have a strong and unassailable case on your hands. Let us, therefore, look for some ‘Alternate Medicine ’ to cure our ailments, instead of wholly depending upon the Board Resolution, which is ambiguous,unclear and open to multiple interpretations. LIC not giving weightage of 11.25% as for the in service employees has some link with its erroneous calculations.
Well, the present scenario is distressing, to say the least. Shri.Murty's move is a clever one; it may force LIC to come out in the open with its nefarious intentions,if any. What if they convince the court that the amount deposited by them is the correct one, according to their calculations, and the fault lies with the method pursued by the petitioners. It is also possible that the court may take a view that in as much as the final hearing is coming up on 23rd, it can be taken up at that point of time, as ruled by the Punjab and Haryana H.C. Nevertheless, the steps taken by him, commensurate with its urgency is laudable.
Mr.Sridharan’s letter to his members is admission of total misreading of LICs response. He swept all his legal acumen under the carpet for short-term gains by acceding to LICs stipulations asking him to furnish particulars of Federation members in the manner dictated by them. He has also taken anticipatory bail from his members who are waiting with bated breath, for that extra money by saying that his efforts may or may not bear fruits. He has given the handle to turn the tables on him by deposing before the SC that since Shri.GNS complied with their requirements partially, they were not in a position to disburse the arrears to them. How is GNS going to decide the appropriateness of the quantum when he , as well as the LIC are at a loss about who the beneficiaries are. Why did he not send the notice to LIC which Mr.Murty has sent now, mincing no words, that their letter is arbitrary and in total contravention of the SC Order of 7th May. A legal pundit, who even at this advanced age is practising, cannot have missed the legal import of the words ‘IN REM’.
The Hyderabad Group have broken away from AIRIEF. Neither Mr.Asthana nor Mr.Murty has any point of agreement with Shri.Sridharan. All the three of them have been acting independently of each other. Under the circumstances, does Mr.Mahadevan think that Mr.Sridharan would heed to his advice of accelerating any action he proposes to take against LIC before 23rd of September. Impossible!
This is just no speculation or kite flying but a possible scenario in the SC on 23rd, September 2015 . LIC is going to plead before the court that they were only too keen to implement the SC Interim Order of 7th May but all the three concerned parties failed to respond in the following manner:
The P&H HC petitioners didn’t allow us to withdraw the amount deposited in the registry,
Since Sri.Sridharan's federation represented only the Class I Officer Pensioners, we were unable to include all classes of employees, and, therefore, requested the Federation to furnish the particulars of their members in certain format. Since they did’nt comply with it in its entirety, we couldn't make the payment to them.
In respect of the Jaipur petitioners, it is utterly intriguing as Mr.Asthana seems to have decided to observe Mounvrita for the time being.
Is this disunity a blessing, a BOON OR A BANE, YOU BE THE JUDGE.
With warm Regards,
M.V.VENUGOPALAN
Pensioners, weep we must !
Dear Editor,
For the last few years, many doubts (may be in hundreds) were raised by our poor pensioners whether the Jaipur HC judgement is applicable only for the petitioners or to all LIC pensioners..and another point is that the judgement is for the rectification of DR anomaly for pre 97 pensioners only or also for upgradation of pension for all LIC pensioners. My dear pensioner friends no need to have any doubt. The judgement is applicable for all LIC pensioners and it is also for upgradation of pension for every wage revision i.e., 2002, 2007, 2012 as in the case of in service employees and also in future wage revisions.
Only foolish officials are asking for the list of so and so and so on. How they are asking the list of pensioners of pre.97 pensioners who are members of a particular association? And how the so called Boss (said to be) is furnishing the list? Is it not arbitrary. Whenever a wage revision is made, it was and is applicable to all the officials working in the ORGANISATION and not for particular members of a union/unions who have participated in the wage negotiations. This naked truth is known to all. This is a shameful act on the part of LIC officials to ask for the list of the so called union members and it is more shameful that the so called union furnished the list as asked (rather trapped) by LIC.
No need to panic. LIC is going to cheat the so called union in one way or the other. How they cheat we have to wait and see. (It is not my intention that they should be cheated..it is only my prediction with my little knowledge).
Only Supreme Court can solve our problem. Unless the SC gives a clear verdict, LIC is going to take some more years to their advantage and keep pending the implementation of Jaipur HC judgement. And in the time scale, one by one pensioner will disappear from the books of LIC and the present officials who are opposing the judgement will join in pensioners community and then they certainly WEEP AND WEEP TILL THEY DIE.
Bhaktavatsala Rao. K.
For the last few years, many doubts (may be in hundreds) were raised by our poor pensioners whether the Jaipur HC judgement is applicable only for the petitioners or to all LIC pensioners..and another point is that the judgement is for the rectification of DR anomaly for pre 97 pensioners only or also for upgradation of pension for all LIC pensioners. My dear pensioner friends no need to have any doubt. The judgement is applicable for all LIC pensioners and it is also for upgradation of pension for every wage revision i.e., 2002, 2007, 2012 as in the case of in service employees and also in future wage revisions.
Only foolish officials are asking for the list of so and so and so on. How they are asking the list of pensioners of pre.97 pensioners who are members of a particular association? And how the so called Boss (said to be) is furnishing the list? Is it not arbitrary. Whenever a wage revision is made, it was and is applicable to all the officials working in the ORGANISATION and not for particular members of a union/unions who have participated in the wage negotiations. This naked truth is known to all. This is a shameful act on the part of LIC officials to ask for the list of the so called union members and it is more shameful that the so called union furnished the list as asked (rather trapped) by LIC.
No need to panic. LIC is going to cheat the so called union in one way or the other. How they cheat we have to wait and see. (It is not my intention that they should be cheated..it is only my prediction with my little knowledge).
Only Supreme Court can solve our problem. Unless the SC gives a clear verdict, LIC is going to take some more years to their advantage and keep pending the implementation of Jaipur HC judgement. And in the time scale, one by one pensioner will disappear from the books of LIC and the present officials who are opposing the judgement will join in pensioners community and then they certainly WEEP AND WEEP TILL THEY DIE.
Bhaktavatsala Rao. K.
M.Sreenivasa Murty
Who is
more insensitive to today’s plight of LIC Pensioners?
LIC/Govt
OR Some of ‘our own’ Leaders?
Cut-throat
competition among Leaders of Associations & Federations for one-upmanship
(ostensibly to protect the interests of their own members), is common
knowledge. It is so whether one likes it or not and we have been living with
it. The trend seems to have changed for the worse in recent times, badly
affecting LIC pensioners.
Our
leaders have virtually declared themselves immune from accountability while
remaining at the helm of the Organizational hierarchy. Like some cheap
politicians. I am talking of the self-snatched immunity from accountability –
not to the outside world or public at large but to THEIR OWN LOYAL, COMMITTED
AND SUBSCRIPTION-PAYING MEMBERS. Questions are raised here and there, some loud
and some feeble – but nobody to answer. Can such leaders be at peace with
themselves, permanently?
I was
internally searching for the probable causes. As far as LIC is concerned, there
has been steady erosion in values of individuals constituting ‘top management’.
Safe (aka ‘selfish’) actions are
preferred to bold (aka ‘right’)
actions. It is a trend. We have to live with it for now. Current LIC management
has no concern or respect for the ex-employees. They know these retirees are a
spent force and can do nothing by way of posing a threat, unlike those still in
service. So, why bother, ignore the retirees and take care of the Unions of
serving workforce. Life will be smoother and better.
The fact
that the Pensioners are physically weak, unorganized and less visible, is
playing havoc when it comes to Pensioners’ Organizations also. Our own Leaders are taking us for a ride. They are able to do
what they want to and the way they choose to and practically get away.
Let us
get down to brass tacks. The Leader of one Federation (of undoubted integrity
and invincible conviction in what he believes as right) is able to ride
roughshod over the discomfort of two thirds of his loyal members and keep
projecting the cause (absolutely just, no doubt) of hardly one-third of his
members. Never tolerates dissent. Doesn’t find it necessary or worthwhile to
carry the crowd. My search for the likely causes in this case tells me that the
‘weak, unorganized’ syndrome of the pensioner class is the reason. What is
handy to LIC proved equally convenient in this case also. What can the majority
do? Nothing. So let them suffer. They deserve to.
The other
Federation is beyond anybody to describe. It has a hierarchy and vast network
on paper. They all like their positions but most of them have no role to play.
Main activity, perhaps the only, has been fund raising. For over half a decade,
it has allowed its identity as an organization to be obliterated and allowed
itself to be seen wholly through one individual. Someone who enjoys and has
been accustomed to the blind loyalty of the ‘cult’ followers. The Organization
woke up a bit late and has been trying to take control of the reins. Not able
to and so paying a heavy price and losing face. Ordinarily, the above profile
of the Organization notwithstanding, it need not sound the death knell to the
members’ interests. Unfortunately however, the De jure leadership is choosing
to keep silent when they are actually required to speak. One Regional satrap
talks and writes non-stop – on all matters except the most critical subject.
Because he (like all others) has no clue of what is happening in that crucial
area. The De facto boss rarely speaks in public. His silence should be accepted
as ‘strategy’.
The real
irony is that the latter Federation was able to lure a few thousand non-members
to lend support and to fill its coffers, promising the moon. Today not only its
members but all those ‘outside’ supporters are left high and dry and are left
with no clue of how their interests are safe in the hands of the ‘silent
strategists’.
Who is more insensitive to today’s plight of LIC Pensioners?
LIC/Govt
OR Some of ‘our own’ Leaders?
Pensioners, awake
before it is too late.
Sept 2,
2015
Letter to Shri RB Kishore
I refer to the feedback of Mr V S Prakasa Rao
reproduced in your mail received by me which
states inter alia,“How is (KMLA) going to take care of the 5
petitioners of post Aug.97 , especially
when GNS and AIIPA took the stand that the benefit of the
Nov.2001 resolution relate to only the Pre Aug 97 pensioners to get 100%
D.R neutralisation which was taken advantage by the L.I.C “.
I wish to hasten to air my opinion that we need not dwell too much exclusively on the Board Resolution of
24/11/2001 passed by LIC.What is more important as far as Jaipur SJB judgment
is concerned is that the Bench allowed two writ petitions.
The first writ petition was for removing the DR anomaly and neutralisation
of DR on equitable basis on par with
in-service employees.This means that the DR formula has been
in fact ordered to be amended
w.e.f 1/11/1993 with the slabs which were applicable to
in-service employees as per 1/8/1987
& 1/8/1992 wage revisions instead of cutting the slabs by half.
The other writ petition (654/2007) was for upgradation of pension on substituted scales of pay with every wage revision. This means that irrespective of the LIC Board Resolution, pensions will have to be upgraded for all eligible pensioners on 1/8/1997, 1/8/2002, 1/8/2007 and all future wage revision dates.
No doubt the operative part of the Jaipur
judgment has directed LIC to take steps
to implement the LIC Board Resolution.It is true that considering the context
in which the Resolution was passed ,the decision applies to only pre-August 1997 retirees. LIC is taking advantage
of the ambiguities in the wordings of the Resolution to interpret it to its own
advantage taking only the merger of DR
as on 1/8/1997 and revising the pension and leaving weightage as done for in-service employees and similar upgradation
on 1/8/2002 and future effective wage revision dates. If the true spirit of the
LIC Board Resolution is understood, it provides for upgradation of pension for
pre-August 1997 retirees on all wage revision dates from 1/8/1997 onwards,
besides removing the DR anomaly from 1/11/1993.
As a corollary, once the Jaipur judgment is
properly implemented, the Board Resolution gets automatically implemented
besides the removal of DR anomaly and 100% DR neutralization besides providing
upgradation of pension for all post-July 1997 retirees also.I am sure Mr K M L
A sthana is very well aware of this and definitely press for justice for the five post-July 1997 retirees also.
Consequently, as long as the Jaipur SJB
judgment remains stay-refused, our focus
should be on emphasizing on implementation of the Justice
Bhandari judgment without segregated
reference to the Board Resolution.At best the LIC Board Resolution is only to
be taken as an enabling document even
considering the that the Jaipur Bench has taken cognizance of it.
Kind regards.
C H Mahadevan
Obituary : Sakhi Chand,Chandigarh
Dear LIC Pensioners Friends,
With a very heavy heart I have to inform all of you that one more LIC Pensioner Friend Sh.Sakhi Chand at Chandigarh has left all of us .Our heart felt condolences to bereaved family and prayers to Almighty for granting peace to departed noble soul. Sh. Sakhi Chand worked as PA to then Sr DM Chandigarh in AO cadre at SrDM Sectt DO Chandigarh for a very long time. So he was very known to all LIC Pensioners Friends at Tri City. Mournfully yours, BRMehta ,Panchkula
With a very heavy heart I have to inform all of you that one more LIC Pensioner Friend Sh.Sakhi Chand at Chandigarh has left all of us .Our heart felt condolences to bereaved family and prayers to Almighty for granting peace to departed noble soul. Sh. Sakhi Chand worked as PA to then Sr DM Chandigarh in AO cadre at SrDM Sectt DO Chandigarh for a very long time. So he was very known to all LIC Pensioners Friends at Tri City. Mournfully yours, BRMehta ,Panchkula
Tuesday, September 01, 2015
Hyderabad Association of LIC Pensioners writes to LIC
If LIC’s non-compliance of the Supreme Court’s Interim directions dated 7 May 2015 is bad, its communication dated 6.7.2015 sent to Sri GN Sridharan, is worse.
It is felt necessary that the Corporation should be put on Notice for its flagrant violation of the directions of the Apex Court.
It is done now as per the copy attached.
M Sreenivasa Murty
Circular issued by Fedn of Retd Class I Officers Associations - observations
It is gathered that
as of now a list consisting of 1266 pre-August 1997 retiree members of the Federation
has been submitted to the Central Office by the Federation. From the above circular
it is clear that the Federation is
not quite hopeful of a positive
response from LIC .
It is gratifying to note
that “Should LIC fail to implement fairly and appropriately, we will be
vigilant and bring matters to the attention of Hon'ble Supreme Court at the
right time.”
But I am sure that
the Federation is aware that that the right time should be the earliest time
before 23/9/2015 which is now hardly 22 days away.
The best opportunity for
the Federation to expose before the Supreme
Court the arbitrary approach adopted by LIC to avoid
complying with the Supreme Court’s order of 7/5/2015 will be available on
7/9/2015 when the IA filed by Chandigarh petitioners comes up for hearing. The Federation’s counsel
should also vehemently submit before the
Supreme Court the audacity of LIC in not only not complying with the SC order
of 7/5/2015 within the deadline of 6 weeks, but also its high- handedness of
adding its own arbitrary conditions for the Federation submitting the list of
eligible members over the head of the Supreme Court order. If the Federation’s
counsel does not use this golden opportunity to drive home our points
forcefully in this regard, ‘the right time’ will not arrive in time and the Federation’s having
submitted the list would turn out to be a wasteful exercise.
Let us hope that the
Federation would definitely not like its eagerly waiting members to suffer by default.
With greetings,
C H Mahadevan
Circular dated 8-8-2915 of Fedn.of Retired Class I Officers' Assns.
Re: Implementation of SC order dated 7/5/2015 for IR and our response to LIC
It was exactly a month ago, with whatever was the motive LIC demanded of us to submit a list of those who were affected by the discriminatory basis on DR to enable them to extend the benefit of interim relief granted by the Hon'ble Supreme Court .
Their letter to us was dated 6/7. As our Federation had gone to the court on the said single issue we took the LIC's unusual step as a challenge and we would like to inform our members that we have now sent to LIC the first list of pre- 97 retiree-pensioners. The lists furnished by all our units so enthusiastically carry a number of 870 members from 15 out of 16 units. Our premier affiliate at Mumbai who have a stupendous task of collating the data for nearly 400 persons will be completing their list shortly. The same will be sent as the next batch. We would also like to confirm that in compiling the list we have ignored the unwarranted cutoff date of membership imposed by LIC. We have also informed that supplementary lists and also the Family pensioners list will follow.
We did considerable thinking before sending the list, and wrote to our units on our views. It is good that we received a number of feedback. Importantly, we did not want to be at default. Let us wait and see what LIC does.
It is to be noted that while LIC is under compulsion to act and implement the SCorder of 7th May 215, how completely and correctly they would implement is still uncertain, We would therefore like our members not to entertain undue hopes.
Should LIC fail to implement fairly and appropriately, we will be vigilant and bring matters to the attention of Hon'ble Supreme court at the right time.
Meantime we are consulting our counsels on the question of our approaching the SC on securing extension of interim relief to all pensioners affected by DR anomaly irrespective of their affiliation of any organisation. We shall keep members informed of our further steps in due course.
With Greetings to all,
GN Sridharan
Gen Secy
Fedn.of Retired Class I Officers' Assns.
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