CRUCIAL TIPS &CONDENSED FORCEFUL POINTS,LOGIC &FACTS, LATEST DEVELOPMENTS:A SINCERE PRESENTATION :DDAY 20 JANUARY,2016 SC BENCH HEARING

1)It is well-known that Lots can be done thro jotted, planned ,well-thought out Strategy & with ONE VOICE SR COUNSELS MUST DRIVE HOME THESE DATA, TO BE USED & not FRITTERED AWAY  

A)i)Just enough reference to LIC Board Resolution, that much & no more : MOU dt 14/1/1994 between LIC & Unions clearly reveals ‘’SAME DR FOR PENSIONERS ,AS SAME DA FOR EMPLOYEES’, whereas pre-8/1997 pensioners DR is halved

ii)Look at DR per slab difference Rs0.93 to 11.50 for pre-8/97 now after 8/2007 wage revision rising to a whopping Rs 6.37 to Rs 29.25 from Asst to ED cadre .Now 5 Groups of pensioners corresponding to Wage Charter period ,till 1/8/2007,DR payment discriminatory to EACH GROUP is a flagrant violation of Agreed Conclusions.With New wage Notification, it still widens further

iii) KERALA HC ,Chandrasekar Menon T Vs UOI & Ors: ‘ the object of compensation &

neutralization is completely defeated by payment of DR after reducing slab at all stages. DR

at decreasing slab at all stages is UNJUST & UNREASONABLE ‘

iv)How can any progressive organization bind future employees & pensioners to a limited agreement & more so with illegalities & insufficiencies & adverse repercussions on pensioners disturbing terribly & upsetting the concept of EQUALITY ?The retired employees are being treated unequally in as much as several classes have come

up amongst the one class of retired employees (pensioners ),this mini-classification itself is

violative of Articles 14 & 16.No law permits creation of different classes amongst one class.

v)The Minutes of the 492nd Meeting of LIC of India held on 24/11/2001 at 11.30am, at

Hotel Le Meridian ,New Delhi ,states in Heading “Amendment to LIC of India

(Employees)Pension Rules 1995---“UPGRADING of Basic Pension to AICIPI 1740 Points and

100% DA neutralization thereon in respect of Retirees prior to 01/08/1997.”

“examining the proposals as per Board Note in line with the demands made by the

Federation viz. giving effect to the proposals from 01.11.1993 and upgradation by giving

weightage of 11.25% as in the case of inservice employees,

vi) As the cost implication is not much , it is suggested that we may accede to this

demand & upgrade the pension payable in relation to AICPI 600 points & 1148 points

respectively by merging the Dearness Relief payable upto the level of 1740 points. On the

pension so upgraded, Dearness Relief of 0.23% shall be paid over every 4 points rise or fall

from 1740 points.’

vii)) During current concluded wage talks,which final scales,allowances & other

benefits etc of Charter to Employees in proper form has gone from LIC for Notification ,&

now received,LIC Management has conceded that they are prepared to consider 2nd Pension

Option for leftout employees. Suffice it to say , while preparing the Note to Board,it was

mentioned that at any rate, 2nd Pension Option is too costly & prohibitive,then costing

Rs500cr & so cannot be considered but for Pension Upgradation,”cost implication is not

much” & so ,thereafter only LIC Board Resolution dt 24/11/2001 came into being

B)Submissions for PENSION UPGRADATION :i) LIC in its SECRET Letter dt

31/12/2001,secured under RTI ,stressed the ‘need to rationalize the DR structure available

to different groups of pensioners in order to reduce the administrative  inconvenience & also

to see that  different   generations of pensioners are protected by merging the pension to a

suitable index.’—,also reminded MOF/UOI on 12/8/2003 ,so successive pension revisions at

CPIndex 600,1148, 1740, 2328,2994

ii)This clinches the issue of successive pension revisions with every wage

revision .It has a vital bearing on continued pension upgradation.

iii)Nakara  SC  5-JudgeConstitution Bench Verdict,Magna Carta for Pensioners : don’t

introduce arbitrary criteria, don’t divide homogeneous pensioners class

“As such pension should be fixed, revised, modified & changed in ways ,not entirely

dissimilar to the salaries granted to serving employees”

iv)Hon Sr Judge Late Sri V.R.Krishna Iyer: arbitrarily alienated from the beneficial

stream of pensioners, LIC pensioners are one integral group, what is discriminatory is

arbitrary & what is arbitrary is unconstitutional ’

v)THE DOUBLE-DECKER BENEFIT or REVISION IN CHAIN or perhaps who KNOWS

Hon Justice Dipak Misra’s ‘ IN CONTINUUM’ & issues like ‘ENHANCEMENT OF PENSION’ in

the 7TH MAY 2015 INTERIM ORDER of SC BENCH seems to suggest as an OPENING to finalise

the concept soon.

vi)Pensioners get such secondary treatment when we find, we got perhaps a

Sweepers or Peons or RCs or  Asst’s Commuted value. Even Commuted pension after

8/2002 is higher than Basic Pension of pre-8/97 pensioners

Look at the fabulous CV,Bottom to Top,Sweeper to ED. How much damage to all

earlier Pensioners’ Groups as we go along.

vii)THIS IS NOT A REVELATION but A TRITE FACT.TODAYS ASSISTANT gets a

GRATUITY of Rs 10 LACS.(Wow, 7th Pay Commission bonanza Rs 20 lacs) .TODAY’S

ASSISTANT gets a GROSS SALARY—BASIC +DA of Rs52,327.ASST RETIRED on 30/9/2013

gets PF OF Rs 7.52 LACS of LIC CONTRIBUTION ALONE.TODAYS ASST gets PENSION OF Rs

21,447 .This shall further go up happily after Notification is implemented soon.

viii)RETIREMENT BENEFITS from ASST to ED is nowadays colossal. Pittance of

Retirement benefits comprising Commuted value of Pension, Gratuity & PL Encashment eg.

Group II Pensioners(1/8/92-31/7/97) ranges from Rs3,94,450 for Asst to Rs7,72,985 for ED

as against , Rs 13,63,381 for Asst to Rs31,38,057 for ED,for Group V,(1/8/2007—31/7/2012)

indicating such a colossal difference of Rs9,68,931 to Rs23,65,072 for Asst to ED between

Group II & Group V Pensioners.Where is the question of investing,for Earlier Groups of

Pensioners, when they were leading hand to mouth existence,& Today Employees can Save &

Save & also Invest & Invest !!

ix))Further,Basic Pension & DR at Asst level for Group II pensioners is Rs

15,088pm & ranges to Rs 24,282 pm for ED, & Rs 20,882 pm for Asst to Rs59,371 for

ED,for Group V, indicating yet again, the magnitude of difference/deficit of Rs

5794pm for Asst to Rs35,089pm for ED. WHITHER EQUITY & JUSTICE, SC BENCH

MUST ENSURE THE CITADELS OF JUSTICE,so SACRED & SACROSANCT , should not be

allowed to fall. What more graphic picture is required, presented by these

painstaking preparations & calculations, to impress the Hon SC Bench on 20/1/2016

with true but poignant picture of grotesque anamolies & handicaps, of the dire need

to redress the mounting loss of pension consecutively for years & decades since

Retirement, ONLY through pension revision with every wage revision.

x)It must be pointed out that  substantial Retirement Benefits present day pensioners

get such as Gratuity Rs 10 lacs, Encashment of PL,CV OF PENSION, GSLI, Decent PF

accumulations etc,(7th Pay Commission Gratuity Rs20 lacs !!) whereas,

---many daily disabilities & expenses on all items,high inflation, &

--- especially medical Domiciliary outlay,including Consultation,Special Reports, medicines etc pretty high for Pensioners,

xi)Basic criteria is grant of similar pension for all those with same length of

service for the same cadre  & that is violated. It is an anachronism that LIC

pensioners still continue in pre-1995 IV Pay Commission mode with Basic Pension

Same,unchanged for 22 years from 1/11/1993 !

Just to cite after New Wage Notification is implemented,tentatively, taking

Cadre ADM,as at 31/1/2016,the Difference or Loss in Total Pension including DR for

the 5 Groups of pensioners will be ,taking into account Maximum Scales of Basic

Pay,Rs 27,891, 27047, 20882, 14642, Rs7063 & similarly,for DM in the same manner

Loss in Total Pension including DR will be,Rs31,859,30,985,23,812, 18,250, &

Rs7726 respectively.We should not disturb the quick remedy as a permanent

solution by way of specific order on Twin Benefits by introducing any NEW

Element,likely to be taken advantage of by LIC, UOI & any act causing needless extra

delay should be cautiously& sagaciously ,studiously & strategically be avoided at any

cost,please.

xii) Sr Counsel must mount assertive onslaught with full conviction , must neutralize

any risk or threat posed by their Counsels &  also, by ably portraying Fundamental Rights

violation ,Human rights violation too as Elders & Sr Citizens,Pension as a Property right, and

to end hostile discrimination in both Differential,Truncated DR & 7/8 steps below cadres

getting more pension than Seniors & Superiors, thus paving the way for Remedy &

Rectification through Pension Upgradation & with correct Retrospective

Effective dates for DR & Pension upgradation too.

C) Extracts from Hon SJB Bhandari’s Judgement dt 12/1/2010 to confirm that

TWIN Benefits of Full DR & pension revision with successive wage revision conspicuously figure so

elaborately :

i)“The legal position in that regard is quite clear. In view of the catena of judgments of the Hon'ble Apex Court, if there is a change in the benefit of existing pensioners, change has to be made effective to all without a cut off date inasmuch as cut off date in such cases are held to be arbitrary.

ii)“ In view of the several judgments of the Hon'ble Apex Court, issue regarding cut off date

for providing pensionary benefits can be summarized in the following manner:-

i)If there are change in benefit of pension then no cut off date can be provided. The benefit

on account of change in pensionary benefits would have retrospective effect.

(ii) If the pension is introduced for the first time, a cut off date can be fixed.

“Aforesaid issue has been settled by the Hon'ble Apex Court in various judgments cited by

learned counsel for petitioners.

iii) In the light of the aforesaid, if the facts of this case are looked into, then it becomes

clear that amongst the pensioners there exists discrimination more specifically when the pension has been made admissible to the employees who retired on or after 1.1.1986 ”

iv) While dismissing the appeal of LIC on 21/1/2011, the HC Division Bench of

Jaipur observed as follows: The Board of LIC, who is the appellant before us against the

judgment of the learned Single Judge, had itself taken a decision to remove the disparities

and the discrimination with regard to the payment of Dearness Allowance and

Pension to the retired employees under its resolution of the Board dt. 24.11.2001. It could

not and should not have filed the present appeal against the judgment of the learned Single

Judge as the learned Single Judge has provided an umbrella to the appellant for the

implementation of the decision of the Board dt. 24.11.2001 on the categorical statement

made by the learned counsel appearing on behalf of the Union of India and not assailed in

appeal by the Union of India.”

v)Not too great stress on Hon Bhandaris ,tho we have to moderately stress only

Select pieces out of those 4 pages of SJ Jaipur reasoning,(only his order MAY & NOT MUST,many

mistake to be a weak suggestion ) though HC & SC have powers to issue Mandamus to State Govt, UOI  &

others

D) i) SC Bench on 17/10/2012 issued a clarificatory order re. the amount due to the

pensioners ie writ petitioners wef  the date of their eligibility to get retiral benefits.

Difference in Pension & DR is what is referred to & that  from the date of retirement.

ii)Such anomalies were there in Central Civil Services (Pension) Rules also.

Those were resolved through OM without challenging or modifying the Central Civil

Service (Pension) Rules. On the same lines, our grievances can also be resolved

without challenging / modifying the pension rules. LIC is doing so in case of the

retirees who retire after the date from which a wage revision is effective but not

covered by the wage revision notification.

iii)Our purpose will be wellserved ,if while opposing the respective CA, Sr Counsel

takes absolute care & abundant precaution to protect the benefits secured so far through

various Courts ,based on principal Jaipur HC Verdict,& make that Final & Binding by getting

LIC CAs rejected.

iv)Latest Court cases like Patna HC scintillating verdict dt 18/5/2015 with

copious Quotes from earlier SC judgements ,

v) MASTERLY VERDICT by 5 JUDGE BENCH OF Hon RMLodha compelled UOI to GRANT

BENEFITS to GOVT EMPLOYEES from 1/1/2006, NOT 15/9/2012,as was being demanded by MOF/UOI

vi)SC 1st July 2015 verdict by Hon Dipak Misra & Sapre, earlier

vii)7th Pay Commission recommendation developments & offshoots

E)Benefit to Petitioners Only or ALL Pensioners :

i)There appears to be an unnecessary apprehension & doubt whether the FINAL VERDICT will cover only Petitioners & not embrace ALL Pensioners. SC always upholds concept of universal application , whenever the grievance or anamoly is extensive & adversely affects the Whole Group in similar situation.The APEX Court has extended application of the judgement to ALL SIMILARLY PLACED Pensioners.That was explicitly made clear in Gratuity case of 2008 &

Delhi HC Judgement applying Jaipur judgement ‘ in rem ’ .

ii)SC Judgement under Case No Appeal( Civil)No1289/2007 (Para 25) which read

“the revision of scales of pay as also other allowances is technical in nature. When a benefit

is extended to group of employees the effect of such benefit ,if otherwise comes within the

purview thereof, must be held to be applicable to other groups of employees ” & the Jaipur

HC judgement was in tune with this Apex Court verdict

iii)The following observations of Hon’ble SC in a path-breaking judgement is quite apt

“Rajeshwar Singh Vs. Subrata Roy Sahara & Ors.

[Contempt Petition (Civil) No.224 of 2011]

[Civil Appeal No.10660 of 2010]

K.S. Radhakrishnan, J.

Courts, if they are to serve the cause of justice, must have the power to secure

obedience to its orders to prevent interference with the proceedings and to protect the

reputation of the legal system, its components and its personnel,who on its behest carry on a

court monitored investigation. The court is duty bound to protect the dignity and authority of

this Court, at any cost, or else, the entire administration of justice will crumble and law and

order would be a casualty.

............................J. (G.S. Singhvi)............................J. (K.S. Radhakrishnan)

New Delhi,December 9, 2013.”

F) i)So too, less emphasis on Sec 48 tho after outlining the Comprehensive

consultations with ALL UNIONS, then only Pension Rules ,1995 came into being & within

that ambit LIC Chairman is entrusted with powers.

Many examples of Gold Coin, PLLI, Midday Meals Coupon can be cited

SC Bench can issue Mandamus to LIC & UOI to implement with clearcut Orders &

Directions.

ii) True transparent Corporate governance to prevail.LIC Board Members

must be the harbingers of neutral, unbiased decision. MOF Circular dt 5 January 2015

gives full freedom to PSBs/Financial instns/Insce companies on commercial

decisions & personnel matters & assures non-interference in clear terms.

iii) Recently,Govt ,after due consideration at various levels & also at the

highest ,decided that where in Courts,core point or principle in dispute is

decided by HC/SC ,when 2 levels of Judicial intervention has already taken

place no further Appeal should be done so that fruits of justice reach the

litigant without much delay.

Govt also gave assurance that National Litigation Policy will be implemented

in letter & spirit

G)i)OUTLAY also if reference comes, ALWAYS mention only PER ANNUM Rs 160cr &

not Gross Outlay,

ii)LIC wonderful ,superlative performance, a Jewel in the Crown,Rock of Gibralter,

Economic TajMahal,

Staggering Assets of Rs17,69,192cr & Total Life Fund Rs 16,07,025cr as at 31/3/2014. For

2014-15,Total Assets Rs20,31,116cr .Total Life Fund Rs 18,24,195 cr

LIC Total Investments in FY2014 –15 was Rs12,86,770 cr. LIC Investments in Social Sector

stood at Rs2,26,806 cr in 2014—15,

iii) policy payments Rs 1,46,026 cr in 2014-15, which outwits Premium Income of ALL

private insurance companies put together

Peoples Money for peoples Welfare, befitting LIC Motto, tremendous fillip to Govt 5-Year

Plans. LIC solvency & stability is unquestionable

iv)For FY 2014—15, LIC TPI (Total Premium Income )stood atRs 2,39,483 cr ,Total Income Rs4,07,546 cr

Total Expenses of Management,2013-14, Rs34,447 cr,showing a rise of 9.4%

LIC paid advance IT of Rs5119 cr as against Rs4324cr for FY 2012-13

Service tax paid is Rs4022.4 cr ,provisional ,as against Rs3682.6 cr for FY2012-13

v)SURPLUS Last 16 yrs alone,LIC paid to Govt crossed Rs 10,000 cr ,a

Kamadhenu indeed, & all on a mere Rs5cr given by Govt on 1/9/1956.     For FY 2014-

15, LIC handed over a handsome cheque to Govt, a solid sum of Rs1804 crores

vi) Sri Arun Jaitley, FM ,when he visited “Yogakshema” on 9th January, 2015,

observed, ‘the Country depends on LIC to a great extent. LIC is a Role

Model of how a state sector instrument can,while maintaining arm’s

length distance,take prudent commercial decisions and LIC has done

exceedingly well.The Market is going to be more competitive and the ‘Best of LIC’ is yet

to come .’

Grace & magnanimity is required to honour fully in letter & spirit, the Court judgements ,

one by one, all in Pensioners favour.

----------------

vii) Total number  of pensioners stood  at 38,200 in 2006-07,38434 in 2007-08 &

43,043 in 2010-11, & 49,058 in 2013-14.It is less than 2000 pensioners only per Year

added All India, app 250 per Zone.Pre-8/1997 cannot be 20,000 or more, as in that

case,from 1997 –2015,nearly36,000 pensioners would have been added,making it 56,000 ,

which is not the case,as even now the data stands at less than 50,000 Total

pensioners ,including post 8/2007 pensioners

viii) TOTAL PENSION PAYMENTS RIGHT from  1995-96 to 31/3/2011 for 16 long

years  comes to Rs 3707.84 Cr only . PENSION PAYMENTS for ALL 45,476 PENSIONERS  for 1

YEAR period ending 31/3/2012 is only Rs585.41Cr ie Rs10,728PM on an AVERAGE, very

small AMOUNT .This rose to Rs793 cr for 2013-14 ,but for 49,058 pensioners, ie

Rs13,470pm ONLY.

ix)Looked at from another angle of Pension Bill to Premium Income, a Good

Dependable Index or Pointer, how favourable LIC Pension payments to TPI-Total Premium

Income , it was 0.37 % in 2012-13 &0.33 % in 2013-14. If we work out in relation to Total

Income including Investment Income which TI itself rose by 18 % in 2013-14,the ratio will

be MINISCULE ;it is a mere 0.21 % conveying strong POINTERS to the SC Bench to be

convinced to grant & allow Pension Upgradation & therefore, TWIN BENEFITS which we

know we are cocksure we have to SECURE with unassailable points umpteen in our

favour ,with a series of brilliant successes in 3 Courts & clarifications & protection by

eminent SC Bench, indeed NO STAY order, a crucial one in pensioners favour, but that

OPPORTUNE TIME or MOMENT has arrived on Wednesday 20 JANUARY, 2016. The dice is in

our favour ,undisturbed & clear-cut,whether it is 1 sitting or 2.

x)Salary & other benefits to Employees in LIC stood at Rs 11,895cr for 2012-13 &

Rs14,705 cr for 2013-14. Pension payments for 2012-13 is a mere 6.6% of Salary expenses &

for 2013-14,it was even lower at 5.4%.

I just added this enhanced outlay Rs160 cr to Rs793 cr pension payments for 2013-

14,yet for 49,058 pensioners ,it works out to Rs1,92,221 pa or Rs 16,018 pm.

xi)Outlay is not even the tail of wage agreement PLLI or tail of Meal coupon wef

1/9/2010 for employees, or tail of allowances other than usual DA,HRA, CCA. Moreso,

Pensioners deserve such kindness & empathy more abundantly.

xii)CG Pension Expenditure for 2015-16 is estimated to be a whopping Rs88,521cr.

For CG Employees, Salary bill alone is Rs1,00,619 cr , we know it is a skyhigh number,

yet.

The rising Pension bill of CGovt will hit Rs1.12 lakh crores in 2017-18 almost

touching CG Salary bill of 2016-17 of Rs1.16 lakh crores with 7 th Pay Commission impact.

If 10% DR RISE for GOVT EMPLOYEES cost Rs 10.869 cr , IMAGINE the COST OF PENSION UPGRADATION for them.

xiii)There are HC & SC judgements emphasizing that ‘ this dichotomy or

discrimination neither appeals to reason, nor can the State  be permitted to take shelter of

financial constraint etc ' . Even if SC normally does not attach much store & importance to

Capacity to pay, as SC has said in many verdicts & even admonished Govt & Instns pretending

to protect themselves under the garb of no adequate resource or financial position ,not able

to pay

xiv)Sri Arun Jaitley FMs utterances in 46TH Indian Labour Conference ,succinct &

meaningful,where he said ,those institutions which are profitable & doing well can

afford to pay higher rewards to labour & if processes make Govt richer, Govt too can

afford to help labour as much as Govt wants to do as also social security--true to his word,

employees & pensioners of LIC, therefore,richly deserve fair,liberal construction of

benefits ,more so for Retirees,Elders & Sr Citizens.

xv))All these pucca data,so clear drive home that our demands are modest,genuine &

legitimate & will enable SC Bench to size up & dismiss LIC contention of a burden,

H) i)GOVT REGULAR PENSION is far far HIGHER for COMPARATIVE CADRES, Many are not aware that even  Govt Family Pension is higher than LIC Regular pension.

ii)For CG, the linkage of full pension with 33 years of service has been scrapped. 

The maximum service length for full pension would now be 20 years.

iii)The new rules also add more flexibility in retirement benefits. For instance, those

who are due to retire can now get 40% of their pension commuted and get a lump sum

amount in turn.

iv)Maximum Pension for CG is a whopping Rs52,200 plus DR as against V PC

maximum Rs33,075. FP as 30% of Basic Pay will shoot up to Rs21,000 plus DR.7th PC pension

definition, stage to stage & fitment formula with weightage for increments shall bestow

sizeable Pension increase for them.

v) Fine 6th PC PRAGMATIC Empathetic formula of value-added pension, so well

appreciated by all pensioners of Govt , the graded rise in pension at AGES 80.85,90,95,100 , by

20% ,30,40,50,& 100%,which we don’t enjoy.

I) At any rate, NO PROSPECTIVE DATE please ;VITAL ISSUE,MUST BE EMPHATIC

EFFECTIVE DATE must be CLEARLY GIVEN in VERDICT. For DR to pre8/1997 pensioners, wef 1/11/1993 or Date of Retirement, whichever is later,SO TOO for PENSION UPGRADATIOIN CORRECT EFFECTIVE DATE.The  7th PC  DEFINITION ON IDENTICAL LINES with OROP & OTHER VERDICTS OF Hon  DIPAK MISRA HIMSELF dt 1/7/2015 MENTIONS ABOUT ANAMOLIES, LOWER GRADES MANY STEPS BELOW getting MORE PENSION & SO THAT should be REMEDIED by STEPPING UP PENSION OF THOSE ADVERSELY AFFECTED BY THESE GAPING ANAMOLIES.

ii)CAPSTONE IS from 7th PC as MORE CLARITY ON DEFINITION & FITMENT IN NEW SCALES

EXACTLY WHERE OLDER PENSIONER WAS & quoting examples of refixation of pension from

earlier 6th PC not only takes care of stage to stage fixing, multiplication factor 2.57 like

Fitment weightage we are talking about & adds 3% for EACH increment drawn in that cadre

at the time of Retirement, benefit can easily be discerned. Hats off to 7th PC for Methodolgies

1 & 2 & whichever shows higher can be granted

LOOKS TO BE LOGICAL,COHERENT .This 3 % looks like our so-called 11.25% Fitment weightage !! for another RISE in Pension after PROPER FITMENT.    

iii)Simply put,there cannot be a 1st class treatment for some & a 3rd class treatment

for others similarly circumstanced,Factors affecting daily life & living are the same & so

solutions also should be in similar directions.In fact, it applies with greater force for

insurance pensioners as insurance RP is far less than Govt RP & ,in fact,Govt FP is higher

than insurance RP itself . We cry for the poor state of FP in insurance industry, LIC Basic FP

ranges ,after death of RP is, for Asst to ED pre-8/1992, pre 8/1997, pre8/2002, pre8/2007,

to a woeful ,pittance of Rs572—1050,1100—2100,1349—3450 & 2048 ---5260 plus DR

J) EMOTIONAL APPEAL,as in Hon Dipak Misras Tamil Nadu Jallikattu ban needed .Many aged

70/75/80/85 years, PLUS 15,500 have DIED making FAMILY PENSIONERS rise 18% to 37 % of Regular

Pensioners !     Who will wipe the tears of the widow ? Delay, dither, Adjournments galore,slow pace of

Sittings,long rope to LIC, UOI     .In fact, penalty by way of interest for delay,as ordered in

Chandigarh HC order must be insisted upon.

K ) Sad & Sickening STORY of Pensioners harassment, cost unbearable, SC Bench:U be the Judge !

It is disturbing that Pensioners should be treated so bad & from 6676/ 1998writ on

DR  to 24/11/ 2001 LIC Board Resolution  to 654/2007writ on Pension Upgradation  to

12/1/2010 Hon SJ Jaipur judgement admitting Both Writs to  dismissal of LIC Appeal493 &

494/2010 by DB Jaipur HC  on 21/1/2011 to dismissal of LIC Review Petition 86 & 87/2011

by DB Jaipur HC on 19/8/2011 to SC Bench clarificatory Order 17/10/2012,amending their

vague Order dt 14/11.2011 ,to Punjab & Haryana HC Order 9/11/2012 adding 12 % interest

for delay, to Delhi HC Order 30/1/2013  affirming Jaipur verdict & adding “in rem’ to all

Pensioners, to LIC SLPs 29956 & 29957 dismissed on 8/8/2013 to 30/9/2013 when SC

Bench issued NO STAY Order  on  Hon SJ verdict 12/1/2010 & allied matters  ,condonation of

LIC inordinate  delay of 6 months 14 days by SC Bench resulting in new Avatar of CAs 8959—

8962/2013  to 25/3/2015 ,SC Bench hearing of CAs to 8/4/2015, to Interim Order dt

7/5/2015 giving 6 weeks time to pay 20% of impugned HC judgement, delay by LIC, to CGH

CCP on 20 July & again to 27th July 2015,Hon HC ordering hearing on 7th Oct 2015,as

admittedly the case is linked with SC hearing on 23 Sep,2015, to IA in respect of Punjab &

Haryana HC in SC ,hearing on 7th Sep,2015 SC Bench ordering LIC to pay to CGH Petitioners

interim 20% within a fortnight failing which LIC authority faces contempt before SC & after

dingdong finally CGH has given date 27 Jan 2016 for CCP

L)STEADILY, as NPS picks up,PENSION UPGRADATION EFFECT WANES AWAY :

Further,after pension upgradation is granted after wage revision,

i)subsequent fitments to the next group,after wage revision, will consume a moderate outlay only.

ii)Deaths of employees during service & so Family Pension only

iii)Deaths of pensioners, increasing by leaps & bounds

iv)pensioners not alive to secure Commuted Pension 15 yrs after retirement,a savings for LIC,

v)See the rising numbers of Family Pensioners, 17 % to 36% to RP & in some Zones ,even 38/40%

vi)so parity also tapers off,

vii)NPS wef 1/5/2010 hence all new recruits of the last 5 yrs  and further recruitments in

future WILL NOT COME  UNDER THE PURVIEW OF PENSION UP-GRADATION makes this upgradation pensioners cadre slowly a closed one.

viii)Hence after 2-3 decades, there will be huge balance in the Pension Fund, but the number of pensioners availing pension from this fund will be diminishing sharply and finally will become zero.

ix) Consequently, the remaining balance of this fund will be finally transferred to LIC’s capital.”

M)UOI ROLE to be CRITICISED POIGNANTLY :It is paradoxical & even anachronism  to

say, on the one hand ,Govt from rooftops praise Elders & Sr Citizens for their signal service &

contribution to institutions & society, lays down many norms with All India Sr Citizens

Confederation , but when the question of satisfying & redressing the problems of

Pensioners ,which are genuine, modest & legitimate,ignore them with a cavalier attitude &

above all, driving them to legal recourse & remedies consuming enormous time, labour,

energy & finances,without even an iota of empathy for them & the 1000s who have died in

the interrugnum.

N) SC ROLE :Hon Courts must come to the rescue of pensioners who after being

driven pillar to post ,with untold expenditure, unwarranted treatment. agony, anxiety &

frustration writ large on their faces resort to litigation not by choice, but by compulsion as

all other avenue approaches failed, here too delays, unwanted adjournments for long

solicited by instns have adverse impact on delivery of justice . SC Bench must honour the

dignity & prestige of Elders with a Specific Order in an unqualified manner with no

qualifying clause to enable pensioners to experience justice,equity & timeliness.

We know with how much impunity Govt functions & even delays & delays till

Strictures are passed again by SC .

O) REAL PURPOSE & MEANING OF OUR KURUKSHETRA LEGAL BATTLE must be FULFILLED : i)After such a relentless& stupendous effort & successive victory at all stages,waiting for

eternity 14 years & more, What we are pleading to Hon SC Bench is to effectuate meaningful

implementation of the judgements & also, in that direction, to issue orders to UOI & LIC to

operationalise & implement both Full 100% DR to Pre-8/97 Pensioners & pension revision with

successive wage revisions for all groups of pensioners to enable all to come under one

homogeneous group of pensioners, without pre &post labels & to establish equity & equality

ii)OBJECTIVE & GOAL must be a  DECISIVE WIN with SPECIFIC EFFECTIVE DATES & ORDER

SPECIFYING DEADLINE OF SAY 8/10 WEEKS & NOT TO TAKE LIC or MOF easy,to ENSURE ACTION

TAKEN REPORT EVERY 2 WEEKS or so.This DDay 20/1/2016 is a DO or DIE situation,a NOW or NEVER situation, ASSERTIVE,FORCEFUL pleas,REPARTEES Convincing, LEGAL ACUMEN & JUDICIAL WISDOM can easily DISLODGE the Opponent, Powerful,Mighty LIC, UOI ,ASSORTED FACTS & FIGURES all in Pensioners favour abounding aplenty, MOMENT of TRUTH, Entire Pensioners Fraternity waiting with bated breath. Let Sr Counsel ensure CRYSTAL CLARITY in SC Bench Judgement,with NO ELUSIVENESS or VAGUENESS, a benumbed Pensioner community shall be hardhit then,God forbid .

P) The self-imposed assignment, in spite of uncertain,not so good health, warned by

Cardio to close my shop at 11pm sharp & an alert & warning by Retd MD,Sri GChidambar

that 1 am , 2 am working non-stop , is absolutely risky ,coming true, yesterday 130am,today

additions/deletions/finishing touches ,for Grouping under Various Headings for Sri Asthana,Sr

Counsel & Others, has also to be done on time for activists,other pensioners to go through ,digest &

atleast have some solace & comfort. Rest ,we leave it to the laps of God

Q)LET IT BE A GREAT & GRAND FINALE TO BE WITNESSED ON 20 JANUARY, 2016

Like Sankranthi, let there be a POSITIVE TRANSITION to ALL PENSIONERS.

Like MAKARA, let there be a BOUNTIFUL HARVEST of TWIN BENEFITS

Like the DAWN of New Month Thai,let all MISERIES be MITIGATED

Above all, SALUTATIONS to the ALMIGHTY ,with FULL FERVENT FAITH & PRAYERS FOR

AN UNIQUE CONSUMMATION HAPPILY IN FAVOUR OF INSCE PENSIONERS after THE

LONG ORDEAL, WE ALL COURAGEOUSLY BORE ,WITH PATIENCE & FORTITUDE

GREETINGS, GOODLUCK & GODSPEED,

R.B.KISHORE

VP,AIRIEF