Saturday, October 2, 2010
Mail of Shri KML Asthana ( 02-10-2010)
Sat, 2 October, 2010 11:57:15 AM
Re: Court Cases at Jaipur
...
Dear Sir,
Yesterday the two appeals came up for hearing when it was pointed out on our behalf that LIC has deliberaely withheld the vital documents, which has great bearing on the decision of the appeal as also has filed the unamended writ petition, the LIC Advocate stated that the amendment was not allowed then his own statement in the appeal was pointed out wherein he has stated that the amendment application was allowed. On this the court directed him to place correct and all the documents on record with copies to the parties appearing before it and it will finally hear and decide the appeals on 18th October when the court reopens after Navratra holidays. The appeals are now to come up on 18th October. I am sorry since I was very much unwell i could not convey this message yesterday itself.
KML Asthana
Wednesday, September 22, 2010
Mail of Shri KML Asthana ( 22-09-2010)
Wed, 22 September, 2010 2:11:38 PM
LIC'S SPECIAL APPEALS
.
DEAR SIR,
THE TWO SPECIAL APPEALS FILED BY LIC IN JAIPUR HIGH COURT AAINST THE JUDGMENT OF hON'BLE JUSTICE MN BHANDARI CAME UP TODAY BUT SINCE THE ADVOCATES' STRIKE WAS NOT LIFTED TODAY IT HAS BEEN ADJOURNED TO 1ST OCTOBER. IT WILL CERTAINLY COME UPON THAT DAY SINCE THE ADVOCATES ARE GOING TO COMMENCE WORK FROM TOMORROW.
KML ASTHANA
Wednesday, September 15, 2010
Mail of Shri H K Aggarwal (15-09-2010)
Wed, 15 September, 2010 9:17:52 PM
KURUKSHETRA- Jaipur HC cases
...
From: H K Aggarwal
Dear Friends,
Latest inf received from Jaipur. let us pray and hope for the best.
"As per the case status the contempt petition is to be listed on 17th and the appeals on 22nd Sept. On 17th the Advocates have declared Rajasthan Bandh and may be they will not allow the judges even to enter the court rooms. let us se what happens
kml asthana""As per the case status the contempt petition is to be listed on 17th and the appeals on 22nd Sept. On 17th the Advocates have declared Rajasthan Bandh and may be they will not allow the judges even to enter the court rooms. let us se what happens
With regards
H K Aggarwal
Monday, September 6, 2010
Mail of Shri KML Asthana ( 06-09-2010)
On Mon, Sep 6, 2010 at 2:26 PM,
Dear Sir,
The two appeals filed by LIC in our pension cases came up before the Diviion Bench of CJ and Mohd. Rafique. Since the Advocates' strike is continuining undaunted no Advocate is appearing. On behalf of LIC ADM(Legal) attended and requested for time, which I opposed and prayed for allowing me to submit that these are totally false and frivolous appeals, but the Court said that since there is a request from the Appellant's side no arguments are being addressed by them, we will hear you after hearing them, and granted adjournment of two weeks. Now it is likely to come in the week commencing 20th.
KML Asthana
Saturday, September 4, 2010
Mail of Shri KML Asthana ( 04-09-2010)
Sat, 4 September, 2010 12:56:28 PM
PENSION CASES
...
THIS IS TO INFORM THAT BOTH THE APPEALS FILED BY LIC AGAINST THE JUDGMENT OF HON'BLE JUSTICE MN BHANDARI DATED 12/1/2010 IN OUR TWO WRIT PETITIONS ON DA/DR AND UPGRADATION OF PENSIONS ARE LISTED IN THE DOUBLE BENCH COMPRISING OF HON'BLE THE CHIEF JUSTICE AND HON'BLE JUSTICE MOHD RAFIQUE, AT NOS. 29 AND 30 SIMILARLY THE CONTEMPT PETITION FILED BY US IS ALSO LISTED BEFOER HON'BLE JUSTICE AJAY RASTOGI AT NO. 36. ALL THESE CASES ARE LISTED ON MONDAY THE 6TH SEPTEMBER 2010.
KML ASTHANA
Thursday, August 5, 2010
MAIL OF SHRI R B KISHORE
Date Thu, Aug 5, 2010 at 10:05 PM
Subject LIC BOARD MEETING TODAY AT DELHI --FLASH
Dear All,
1)U are aware that LIC Board meeting was scheduled on 5/8/10.We did our best in all the earlier 2/3 months to contact them, send emails,clarify again some points, where needed depute our representatives to meet them face to face etc.Not a day we relaxed.
2) S/Sri JCGarg & Agarwal, President, RIEA ,Meerut left for Delhi yesterday evening. They met Sri Anup Garg,Board Member at Hotel Tajmansingh,near UPSC,opp India Gate. All these details I gathered yesterday morn from ZM,NZ & his PAs.I conveyed to our Sri Garg.
Sri JCGarg mentioned about our case .Board member told him he has recd all papers, Justice VRKrishnaIyers independent opinion etc from me.JCG has taken all needed papers.Board member said as he was new ,He cant take first inititaive but he will support
As Dr Sooranad Rajsekaran had not arrived, they cld not meet him.JCG phoned Dr SR,he was at Mumbai & he lands on 5/8 only Lt Gl is at gurgaon, so he can come any moment in the morning only The meeting lasted 15 mts & Board member assured them of full support to pensioners genuine problems.
3)I was following up Delhi regularly.The Board meet was not over at 5 pm.i rang up again at 645pm, just then they were dispersing
After 1 hr , I contacted Sri Anup garg
The very 1st sentence he spoke was. Mr kishore, Congratulations.
I said why, what happened
Sri AG told me they raised the pensioners issue, the genuine problems of anamolies etc for so many years, it shd not be kept pending for this long
They told Mr Chairman, u & others are also retiring one day, we shd empathise
Srt AG said we shd thank Lt Gl Arvind Mahajan for his upright & courageous stand.
He told that it is not fair to keep 24/11/2001 Board decision pending without implementation.Pensioners issues are genuine,we shd not keep them aggrieved.
Sri AG said Dr Rajasekharan also lent his voice.He told that the anamolies are widening,loss is heavy for pensioners,a solution shd be devised without delay
Sri T.S.Vijayan,Chairman assured they will address this issue & resolve as early as possible
4)Friends, form ur own conclusions, no effort will ever go in vain
Greetings,
R.B.KISHORE
Thursday, July 22, 2010
MAIL OF SHRI R B KISHORE - Appeal against LIC Appeal
From Seetha And Kishore
Date Thu, Jul 22, 2010 at 12:17 AM
subject Our Appeal against LIC Appeal -respond generously to the sincere
Dear All,
I) The bugle was sounded after the text of the Jaipur Judgment was released on 19 May, 2010. The flow of events were fast, even tho many interested parties tried to smash the extent & scale of achievement, as they are not able to relish. They thought it is a daydream & howcome it has come like this, with Full DR as also pension up gradation automatic every 5 years protecting in full the welfare, concern & interest of elders & pensioners who contributed so much to the overall growth & development of the organization in no small measure.
It really needs synergy at this juncture to realise the power & potency of the singular, superlative verdict which Justice MNBhandari , Jaipur HC has delivered .
b)SAY NOT THE STRUGGLE NOT AVAILETH, This is the time when all,all Fedns ,employees & pensioners ,must present same stand without deviation, without claiming or commenting adversely on strategies adopted for the right ends & objectives. Success of SBI,RBI is because all employees Fedns join the strike etc & Govt is forced to come to a final decision without endless procrastination ;it is sadly missing in LIC front .Even if any High Court judgement is due & delivered in pensioners favour,LIC will not budge,as they have taken a stand to appeal, right or wrong.
II)A 1st TIME,HC crystal clear verdict in f/o pensioners,covering both the critical issues of Full DR & pension upgradation & hence historic, is now being trampled upon & mercilessly being thrown away at the behest of mandarins of MOF.
Who will take responsibility for not implementing 24/11//2001 LIC Board Resolution ?
b) MOF IAS Babus dictat prevails ! Govt is in eternal debt with staggering VI PC benefits for employees/pensioners .In a few years more,pension bill of govt will exceed wage bill ! LIC IS AN OASIS IN A DESERT, UNDECLARED NAVARATHNA,ECONOMIC TAJMAHAL FM, PM ALL PRAISE, BUT OF WHAT AVAIL TO PENSIONERS ?
LIC Management diplomacy is not penetrative & telling, invoking positive acceptance of sound ideas & decisions
c) As LIC has now gone in for Appeal to the Division Bench of Rajasthan HC yesterday 20th July 2010,the scene will shift for yet another submission of arguments & counter arguments TIME PASSES AWAY, PENSIONERS WILT & WITHER, AGONY & FRUSTRATION, AGAIN TO Square One, tho it can be termed a victory in defeat. We now possess greater ammunition .We derive greater vigour & vitality.
Yes, The first and greatest commandment is,
Don't let them scare you. –Elmer Davis
d) YET, with unabated Enthusiasm, WE ALL JOINTLY, UNITEDLY SHD FIGHT THE CAUSE WE KNOW IT IS RIGHT .
WE KNOW IT WILL MEET WITH THE ENDS OF JUSTICE
LET US BE READY TO GALVANISE OUR MIGHT,CREATE AN UNPREDENTED PUBLIC UPROAR,EXPOSING EVIL DESIGNS, & ENSURE A JUST VICTORY FOR ALL GROUPS OF PENSIONERS
e)I received several encomiums about the lucid,pinpoimt,forceful letter of Hon Justice Sri V.R.Krishna Iyer to Finance Minister Sri Pranab Mukerjee Assertively,he has even cautioned FM to remedy what earlier MOF has overlooked
‘ May I disclose to you the pathetic condition of a class of people arbitrarily alienated from the beneficial stream of pensioners in the LIC. What is arbitrary is unconstitutional as a Constitution Bench has held in the Supreme Court in Maneka Gandhi’s case (Maneka Gandhi v. Union of India, AIR 1978 SC 597).
Here is a case of arbitrariness which I dare say has been overlooked by your ministry and must be set right once it is discovered. The older the age of the pensioner the greater the need for liberal pension since age invites infirmity. I know this to my cause at age 95 by way of income tax benefit. The LIC pensioners are one integral group and cannot be divided into different classes. Date is an irrelevant factor when alteration in pension was made. The Supreme Court again in a weighty judgment observed that the date of variation cannot be the basis of differential pension (Vide Nakara v. Union of India, AIR 1983 SC 130: (1983) 1 SCC 305: (1983) 1 LLJ 104]. ’
III) a) When on 7th July,2010 RBI Retireees Assn met RBI Governor at Chennai & raised the issue of pension updation, RBI Governor mentioned that he was ,personally, for pension updation. He added that he had a meeting recently with FM on this subject matter, the meeting was cordial.He added he has instructed the Dept & requested the Assn to wait for some time & assured the Bank will do the needful. Gold coin memento was given to all pensioners in connection with Platinum Jubilee.He concluded by saying ‘I am keen to see every RBIite with a happy face ‘
When will the smile dawn on all Pensioner LICians ?!!
b)Please note that RBI,every month,they are able to receive so generously ,in response to their Assn Appeal ,Donation ranging from Rs1000-4000,Fighting Fund Rs1000-10,000 & 5% of DR arrears ,a whopping Rs3000-8000.
I, therefore, remind our dear friends & colleagues, wherever they are, to whichever Fedn they belong, remember the only silver lining common as an ordinary pensioner to unite & donate liberally.It is no use taking for granted donations will pour in, as we know when it comes to purse, many become stingy.We may not need much after we succeed, but we do need skyhigh donations & collections to engage a professional advocate of standing & eminence to fight our modest cause with all the legal acumen & skills & ensure positive & favourable judgement.
We, on our part assure you, as u would have noticed in the last few months in particular the zeal & zest, we displayed for holding high pensioners esteem & self-respect.We shall fight to the end till we score a historic Victory & we know our stand is irrefutable as Hon justice Sri VRKrishna Iyer,the most illustrious legal jurist & luminary has so lucidly pointed out to FM. It is only an act of disgrace that LIC could not act magnanimously to honour the Jaipur verdict.
c)We got 91 slabs of DR in Feb 2010. We received the permanent yearly 3/4th subsidy effect of mediclaim premium, a decent amount. We are going to enjoy this for ever.
We may get eligibility of 24/27 slabs of DR in 8/2010 pension, judged by rough calculations.
YOU must,therefore ,rise to the occasion & be generous in your donations direct to
Sri Asthana,Org Secretary,Retd Insce Employees Assn,Jaipur B8,SHANTI NAGAR,AJMER ROAD,JAIPUR,302006
Details are SB Ac ,0247000100213363,PNB ,BAPUNAGAR,JAIPUR (PUN BO 024700) thro core banking.
I am sending my humble contribution of Rs2000 immediately.
In case, anyone desires to send to me, please do so by a crossed cheque in the name of Retd Insce Employees Assn,Chennai ,& I shall dutifully consolidate & remit thro core banking from any branch of SBI.
R.B.Kishore, A6, Pratigna, 8(old 22),2nd Street, B.N.Road,TNagar,Chennai,600017
044-2815 5810 begin_of_the_skype_highlighting 044-2815 5810 end_of_the_skype_highlighting / 098403 40591 begin_of_the_skype_highlighting 098403 40591 end_of_the_skype_highlighting .Give ur full address,telephone number,email id etc
d)All the more,our blood boils after glancing at latest salary scales of all classes ,& the anamolies & discrepancies become virtually unbridgeable ,such an yawning gulf.
Look at AAO transition ,just to take 1 or 2 examples,from—
Rs7535 ----14015 (1997-2002), Rs 15,110—20,910(2002—2007) & Rs17,240—32,640(2007-2012)
ED: Rs21,200---23,600 (1997—2002), Rs31,745—36,100(2002—2007),& Rs52,210—59,850 (2007—2012)
YOU can form your own conclusions about Basic Pension ,the arbitrary alienation from the beneficial stream of pensioners becoming more pathetic,if we may say so in Rev Justice VRKrishna Iyer’s language !!
IV)So, dear friends, I plead with you with all sincerity & seriouness at my command, & with all humility & modesty ,to assist us,to motivate us,to accelerate the pace of victory, in this joint voyage ,irrespective of any other consideration, for the common cause of welfare & upliftment of ALL PENSIONERS FRATERNITY, as this is the 1st time, along with pre-8/1997 pensioners woes, every Group of pensioners ,have to receive a facelift with pension updation.
We earnestly solicit your fullest, unhesitating cooperation.
V) Let the Flower of Pensioners Bloom with Hope & Aspiration, Let the Thorns we face pave the way for a Greater,Full-throated Inspiration,
Let its Petals dance with Scintillating Ray,
Let the Plant of Pensioners be Happy & Gay
R.B.KISHORE,
VP,AIRIEF
044-2815 5810 begin_of_the_skype_highlighting 044-2815 5810 end_of_the_skype_highlighting
98403 40591
Date Thu, Jul 22, 2010 at 12:17 AM
subject Our Appeal against LIC Appeal -respond generously to the sincere
Dear All,
I) The bugle was sounded after the text of the Jaipur Judgment was released on 19 May, 2010. The flow of events were fast, even tho many interested parties tried to smash the extent & scale of achievement, as they are not able to relish. They thought it is a daydream & howcome it has come like this, with Full DR as also pension up gradation automatic every 5 years protecting in full the welfare, concern & interest of elders & pensioners who contributed so much to the overall growth & development of the organization in no small measure.
It really needs synergy at this juncture to realise the power & potency of the singular, superlative verdict which Justice MNBhandari , Jaipur HC has delivered .
b)SAY NOT THE STRUGGLE NOT AVAILETH, This is the time when all,all Fedns ,employees & pensioners ,must present same stand without deviation, without claiming or commenting adversely on strategies adopted for the right ends & objectives. Success of SBI,RBI is because all employees Fedns join the strike etc & Govt is forced to come to a final decision without endless procrastination ;it is sadly missing in LIC front .Even if any High Court judgement is due & delivered in pensioners favour,LIC will not budge,as they have taken a stand to appeal, right or wrong.
II)A 1st TIME,HC crystal clear verdict in f/o pensioners,covering both the critical issues of Full DR & pension upgradation & hence historic, is now being trampled upon & mercilessly being thrown away at the behest of mandarins of MOF.
Who will take responsibility for not implementing 24/11//2001 LIC Board Resolution ?
b) MOF IAS Babus dictat prevails ! Govt is in eternal debt with staggering VI PC benefits for employees/pensioners .In a few years more,pension bill of govt will exceed wage bill ! LIC IS AN OASIS IN A DESERT, UNDECLARED NAVARATHNA,ECONOMIC TAJMAHAL FM, PM ALL PRAISE, BUT OF WHAT AVAIL TO PENSIONERS ?
LIC Management diplomacy is not penetrative & telling, invoking positive acceptance of sound ideas & decisions
c) As LIC has now gone in for Appeal to the Division Bench of Rajasthan HC yesterday 20th July 2010,the scene will shift for yet another submission of arguments & counter arguments TIME PASSES AWAY, PENSIONERS WILT & WITHER, AGONY & FRUSTRATION, AGAIN TO Square One, tho it can be termed a victory in defeat. We now possess greater ammunition .We derive greater vigour & vitality.
Yes, The first and greatest commandment is,
Don't let them scare you. –Elmer Davis
d) YET, with unabated Enthusiasm, WE ALL JOINTLY, UNITEDLY SHD FIGHT THE CAUSE WE KNOW IT IS RIGHT .
WE KNOW IT WILL MEET WITH THE ENDS OF JUSTICE
LET US BE READY TO GALVANISE OUR MIGHT,CREATE AN UNPREDENTED PUBLIC UPROAR,EXPOSING EVIL DESIGNS, & ENSURE A JUST VICTORY FOR ALL GROUPS OF PENSIONERS
e)I received several encomiums about the lucid,pinpoimt,forceful letter of Hon Justice Sri V.R.Krishna Iyer to Finance Minister Sri Pranab Mukerjee Assertively,he has even cautioned FM to remedy what earlier MOF has overlooked
‘ May I disclose to you the pathetic condition of a class of people arbitrarily alienated from the beneficial stream of pensioners in the LIC. What is arbitrary is unconstitutional as a Constitution Bench has held in the Supreme Court in Maneka Gandhi’s case (Maneka Gandhi v. Union of India, AIR 1978 SC 597).
Here is a case of arbitrariness which I dare say has been overlooked by your ministry and must be set right once it is discovered. The older the age of the pensioner the greater the need for liberal pension since age invites infirmity. I know this to my cause at age 95 by way of income tax benefit. The LIC pensioners are one integral group and cannot be divided into different classes. Date is an irrelevant factor when alteration in pension was made. The Supreme Court again in a weighty judgment observed that the date of variation cannot be the basis of differential pension (Vide Nakara v. Union of India, AIR 1983 SC 130: (1983) 1 SCC 305: (1983) 1 LLJ 104]. ’
III) a) When on 7th July,2010 RBI Retireees Assn met RBI Governor at Chennai & raised the issue of pension updation, RBI Governor mentioned that he was ,personally, for pension updation. He added that he had a meeting recently with FM on this subject matter, the meeting was cordial.He added he has instructed the Dept & requested the Assn to wait for some time & assured the Bank will do the needful. Gold coin memento was given to all pensioners in connection with Platinum Jubilee.He concluded by saying ‘I am keen to see every RBIite with a happy face ‘
When will the smile dawn on all Pensioner LICians ?!!
b)Please note that RBI,every month,they are able to receive so generously ,in response to their Assn Appeal ,Donation ranging from Rs1000-4000,Fighting Fund Rs1000-10,000 & 5% of DR arrears ,a whopping Rs3000-8000.
I, therefore, remind our dear friends & colleagues, wherever they are, to whichever Fedn they belong, remember the only silver lining common as an ordinary pensioner to unite & donate liberally.It is no use taking for granted donations will pour in, as we know when it comes to purse, many become stingy.We may not need much after we succeed, but we do need skyhigh donations & collections to engage a professional advocate of standing & eminence to fight our modest cause with all the legal acumen & skills & ensure positive & favourable judgement.
We, on our part assure you, as u would have noticed in the last few months in particular the zeal & zest, we displayed for holding high pensioners esteem & self-respect.We shall fight to the end till we score a historic Victory & we know our stand is irrefutable as Hon justice Sri VRKrishna Iyer,the most illustrious legal jurist & luminary has so lucidly pointed out to FM. It is only an act of disgrace that LIC could not act magnanimously to honour the Jaipur verdict.
c)We got 91 slabs of DR in Feb 2010. We received the permanent yearly 3/4th subsidy effect of mediclaim premium, a decent amount. We are going to enjoy this for ever.
We may get eligibility of 24/27 slabs of DR in 8/2010 pension, judged by rough calculations.
YOU must,therefore ,rise to the occasion & be generous in your donations direct to
Sri Asthana,Org Secretary,Retd Insce Employees Assn,Jaipur B8,SHANTI NAGAR,AJMER ROAD,JAIPUR,302006
Details are SB Ac ,0247000100213363,PNB ,BAPUNAGAR,JAIPUR (PUN BO 024700) thro core banking.
I am sending my humble contribution of Rs2000 immediately.
In case, anyone desires to send to me, please do so by a crossed cheque in the name of Retd Insce Employees Assn,Chennai ,& I shall dutifully consolidate & remit thro core banking from any branch of SBI.
R.B.Kishore, A6, Pratigna, 8(old 22),2nd Street, B.N.Road,TNagar,Chennai,600017
044-2815 5810 begin_of_the_skype_highlighting 044-2815 5810 end_of_the_skype_highlighting / 098403 40591 begin_of_the_skype_highlighting 098403 40591 end_of_the_skype_highlighting .Give ur full address,telephone number,email id etc
d)All the more,our blood boils after glancing at latest salary scales of all classes ,& the anamolies & discrepancies become virtually unbridgeable ,such an yawning gulf.
Look at AAO transition ,just to take 1 or 2 examples,from—
Rs7535 ----14015 (1997-2002), Rs 15,110—20,910(2002—2007) & Rs17,240—32,640(2007-2012)
ED: Rs21,200---23,600 (1997—2002), Rs31,745—36,100(2002—2007),& Rs52,210—59,850 (2007—2012)
YOU can form your own conclusions about Basic Pension ,the arbitrary alienation from the beneficial stream of pensioners becoming more pathetic,if we may say so in Rev Justice VRKrishna Iyer’s language !!
IV)So, dear friends, I plead with you with all sincerity & seriouness at my command, & with all humility & modesty ,to assist us,to motivate us,to accelerate the pace of victory, in this joint voyage ,irrespective of any other consideration, for the common cause of welfare & upliftment of ALL PENSIONERS FRATERNITY, as this is the 1st time, along with pre-8/1997 pensioners woes, every Group of pensioners ,have to receive a facelift with pension updation.
We earnestly solicit your fullest, unhesitating cooperation.
V) Let the Flower of Pensioners Bloom with Hope & Aspiration, Let the Thorns we face pave the way for a Greater,Full-throated Inspiration,
Let its Petals dance with Scintillating Ray,
Let the Plant of Pensioners be Happy & Gay
R.B.KISHORE,
VP,AIRIEF
044-2815 5810 begin_of_the_skype_highlighting 044-2815 5810 end_of_the_skype_highlighting
98403 40591
Wednesday, July 21, 2010
MAIL OF SHRI H K AGGARWAL
21-07-2010
DEAR FRIENDS,
RE: PENSIONERS CASE- LIC GOES FOR APPEAL.
WE THE PENSIONERS HAVE BEEN ANXIOUSLY WAITING FOR LIC TO HONOUR JAIPUR HIGH COURT JUDGEMENT, BUT INEVITABLE HAS HAPPENED AS LIC HAS FILED AN APPEAL BEFORE DIVISION BENCH AGAINST THE HON’ABLE HC DIRECTIONS.
SHOCKING AND SAD, AS SOME SILVER LINNING HAD BEEN SEEN WHEN AIRIEF HAD ACCELLARATED THIER EFFORTS BY MEETING NOT ONLY THE BOARD MEMBERS, BIG ILLUMINARIES LIKE HON'BLE JUSTICE VK IYER BUT ALSO THE FINANCE MINISTER.
FRIENDS, WE HAVE TO GIRD OUR LIONS NOT FOR ANY PHYSICAL FIGHT BUT FOR THE LEGAL BATTLE BEING FOUGHT BY OUR HERO SH KML ASTHANA, RIEA, JAIPUR WHO HAVE BEEN STRUGGLING FOR OVER 12 YEARS FOR PENSIONERS CAUSE, ACTIVELY SUPPORTED BY ALL SECTIONS OF PENSIONERS, ASSOCIATIONS/FEDERATIONS PARTICULARLY THE AIRIEF & ITS STALWARTS LIKE SH.RB KISHORE AND OTHERS.
LET US EXTEND OUR WHOLE HEARTED SUPPORT BOTH MORAL AND FINANCIAL TO THEM TILL WE ACHIEVE THE GLORIOUS GOAL. WE HAVE FULL FAITH IN OUR JUDICIARY AND MR. ASTHANA’S CAPABILITY AND CAPACITY TO WIN.
AS AN HUMBLE & ORDINARY MEMBER OF THE PENSIONERS FRATERNITY I AGAIN REQUEST YOU ALL TO GENEROUSLY CONTRIBUTE IN THE LEGAL FUND OF RIEA, JAIPUR WITH PUNJAB NATIONAL BANK. CONTRIBUTIONS/DONATIONS CAN BE DIRECTLY DEPOSITED IN
SB A/C NO. 0247000100213363 – PNB, BAPU NAGAR, JAIPUR
OR SENT THROUGH THEIR RESPECTIVE FEDERATION/ASSOCIATIONS/UNIONS TO JAIPUR. MANY HAVE ALREADY DONE AND DESERVE ALL APPRECIATION.
PLEASE MAIL/PASS ON THIS APPEAL TO ALL OTHER PENSIONERS KNOWN TO YOU OR LIVING NEAR BY YOU, IRRESPECTIVE OF THEIR CLASS OR CADRE OR AFFILLIATION TO ANY OTHER UNION OR ASSOCOATION/FEDERATION.
THIS GESTURE OF YOURS WILL BE A SYMBLE OF PENSIONERS UNITY AND FIRM SUPPORT TO THE COMMON CAUSE.
WITH BEST WISHES & KIND REGARDS
H K AGGARWAL
556, SECTOR-54 Phase- 2,
MOHALI, CHANDIGARH-160055.
MOB: 9855002556.
Monday, July 5, 2010
RIEA MEMORANDUM TO F.M.
5TH July, 2010
Hon’ble Shri Pranab Mukherjee,
Finance Minister,
Union of India,
New Delhi
Hon’ble Sir,
MEMORANDUM
Sub: Revision of pension of employees of Life Insurance Corporation of India.
***
We are grateful to your Honour for sparing some of your valuable time for us. Sir, we are representing the All India Retired Insurance Employees’ Federation, an Association of the Pensioners of L.I.C. of India spread all over the country.
The main subject of our grievance which we wish to submit to your honour is with regard to payment of lesser Dearness Relief on Pensions of those who retired before 1/8/1997 and the Pensioners who retired on and after 1/8/1997 are getting the same rate of DR. While the pensions of all the institutions of the Central and State Governments have been revised time and again but the pensions of the Pensioners of Insurance Industry have remained static with the result they are living a miserable life compared to other pensioners.
We made several representations to the LIC about the anomalies with the result the Board passed a resolution in its meeting on 24/11/2001 but left the same to the approval of the Finance Ministry and although a long period of more than nine years has elapsed the Ministry is sitting tight on our legitimate demands.
Sir, it is pertinent to submit that these pensioners were paid 33% of D.R. while all others are paid 50% of D.R. This was as against the agreed conclusions in between the employees Associations and the Management.
The negative attitude of the Central Govt and LIC compelled the members of this Association o file writ petitions in Rajasthan High Court, Allahabad High Court, Delhi, Ahmedabad and Kerala High Courts. Out of them the writ petitions filed in Rajasthan High Court have been decided.
In S.B. Civil Writ Petition No. 6676/1998 the differential treatment with regard to D.R. pensioners who retired prior to 1/8/1997 was challenged and the Hon’ble Rajasthan High Court has directed that there cannot be different rates of Dearness Relief than the rates at which it was payable to in-service employees. This is applicable to those retired after 1/1/1986 to 31/7/1997 since same rate has been applied to those who retired after 1/8/1997. It also means that the DR has to be revised on quarterly basis as is revised in the case of in-service employees.
By another writ petition No. 654/2007 the Petitioners had challenged the action of the Corporation in not revising the pensions as and when pay scales were revised. In this writ petition the Hon’ble High Court has held that on the basis of date of retirement there cannot be any discrimination between the Pensioners interse. All pensioners are entitled to revision of pensions as and when pay scales are revised. The decision of the Board taken in its meeting dated 24/11/2001 but not implemented on account of misnomer of approval of the Central Government has been directed to be implemented with the above modifications.
On 19th of May, 2010 we had submitted a downloaded copy of the judgment of the Hon’ble High Court dated 12/1/2010 and then the Certified copy of the said judgment were submitted to L.I.C. of India with the hope that the judgment will be honoured.
In this connection it would not be out of place to submit that once the Policy guidelines had been given the Central Govt. is absolved and the Board of LIC, which is an independent statutory body has to manage the affairs but the Officers of the Ministry are bent upon to deny the fruits of the judgment to we the humble pensioners. It is another thing that all others including themselves have derived benefit of exorbitant increase in pay scales and pensions.
Then the Central Government had announced the National Litigation Policy and the Retired Insurance Employees Association had submitted its letter dated 24th June, 2010 quoting the relevant portion of the said Policy. This Policy amongst other things had pronounced that appeals would not be filed in pension and retirement benefit matters. It appears that the pronounced policy of the Central Government is being violated by the Central Government itself.
It is further to make a mention of the judgment of the Hon’ble Supreme Court delivered in Civil Appeal No. 1289 of 2007 – Life Insurance Corporation of India and others vs. Retired L.I.C. Officers and others [(2008) 3 SCC 382] the Hon’ble Supreme Court has held in para 25 that when a benefit is extended to a 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 also. This applies to the present case of the Petitioners and cannot be disobeyed by the Corporation. The Pensioners are also employees of the Corporation and they cannot be denied the benefit of revision of pay scales in the matter of revision of their pensions.
In view of the catena of judgments of the Hon’ble Supreme Court on the subjects involved in the aforesaid writ petition and the provisions of Articles 14 and 16 of the Constitution of India, which envisages equal and same treatment to all citizens alike and it was mandatory for the Corporation to have treated the Pensioners and the in-service employees without any discrimination. Now that the Hon’ble Rajasthan High Court has given verdict in this connection it is apt that the management of LIC of India complies with the same and do justice to its Pensioners, most of whom are at the fag end of their life, thereby removing the discrimination amongst the pensioners and pensioners and pensioners and in-service employees, while all of them deserve similar treatment.
Since, inspite of lapse of a long time, justice has not been done to the Pensioners and the judgment of the Hon’ble Rajasthan High Court has not been implemented, we earnestly hope and pray for your kind intervention to remove the discrimination being meted out to the Insurance pensioners and directions issued for implementation of the judgment without any further delay.
Sir, we have faith in your magnanimity and sense of Justice and right and positive thinking and approach.
Thanks and regards
Yours humbly,
Hon’ble Shri Pranab Mukherjee,
Finance Minister,
Union of India,
New Delhi
Hon’ble Sir,
MEMORANDUM
Sub: Revision of pension of employees of Life Insurance Corporation of India.
***
We are grateful to your Honour for sparing some of your valuable time for us. Sir, we are representing the All India Retired Insurance Employees’ Federation, an Association of the Pensioners of L.I.C. of India spread all over the country.
The main subject of our grievance which we wish to submit to your honour is with regard to payment of lesser Dearness Relief on Pensions of those who retired before 1/8/1997 and the Pensioners who retired on and after 1/8/1997 are getting the same rate of DR. While the pensions of all the institutions of the Central and State Governments have been revised time and again but the pensions of the Pensioners of Insurance Industry have remained static with the result they are living a miserable life compared to other pensioners.
We made several representations to the LIC about the anomalies with the result the Board passed a resolution in its meeting on 24/11/2001 but left the same to the approval of the Finance Ministry and although a long period of more than nine years has elapsed the Ministry is sitting tight on our legitimate demands.
Sir, it is pertinent to submit that these pensioners were paid 33% of D.R. while all others are paid 50% of D.R. This was as against the agreed conclusions in between the employees Associations and the Management.
The negative attitude of the Central Govt and LIC compelled the members of this Association o file writ petitions in Rajasthan High Court, Allahabad High Court, Delhi, Ahmedabad and Kerala High Courts. Out of them the writ petitions filed in Rajasthan High Court have been decided.
In S.B. Civil Writ Petition No. 6676/1998 the differential treatment with regard to D.R. pensioners who retired prior to 1/8/1997 was challenged and the Hon’ble Rajasthan High Court has directed that there cannot be different rates of Dearness Relief than the rates at which it was payable to in-service employees. This is applicable to those retired after 1/1/1986 to 31/7/1997 since same rate has been applied to those who retired after 1/8/1997. It also means that the DR has to be revised on quarterly basis as is revised in the case of in-service employees.
By another writ petition No. 654/2007 the Petitioners had challenged the action of the Corporation in not revising the pensions as and when pay scales were revised. In this writ petition the Hon’ble High Court has held that on the basis of date of retirement there cannot be any discrimination between the Pensioners interse. All pensioners are entitled to revision of pensions as and when pay scales are revised. The decision of the Board taken in its meeting dated 24/11/2001 but not implemented on account of misnomer of approval of the Central Government has been directed to be implemented with the above modifications.
On 19th of May, 2010 we had submitted a downloaded copy of the judgment of the Hon’ble High Court dated 12/1/2010 and then the Certified copy of the said judgment were submitted to L.I.C. of India with the hope that the judgment will be honoured.
In this connection it would not be out of place to submit that once the Policy guidelines had been given the Central Govt. is absolved and the Board of LIC, which is an independent statutory body has to manage the affairs but the Officers of the Ministry are bent upon to deny the fruits of the judgment to we the humble pensioners. It is another thing that all others including themselves have derived benefit of exorbitant increase in pay scales and pensions.
Then the Central Government had announced the National Litigation Policy and the Retired Insurance Employees Association had submitted its letter dated 24th June, 2010 quoting the relevant portion of the said Policy. This Policy amongst other things had pronounced that appeals would not be filed in pension and retirement benefit matters. It appears that the pronounced policy of the Central Government is being violated by the Central Government itself.
It is further to make a mention of the judgment of the Hon’ble Supreme Court delivered in Civil Appeal No. 1289 of 2007 – Life Insurance Corporation of India and others vs. Retired L.I.C. Officers and others [(2008) 3 SCC 382] the Hon’ble Supreme Court has held in para 25 that when a benefit is extended to a 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 also. This applies to the present case of the Petitioners and cannot be disobeyed by the Corporation. The Pensioners are also employees of the Corporation and they cannot be denied the benefit of revision of pay scales in the matter of revision of their pensions.
In view of the catena of judgments of the Hon’ble Supreme Court on the subjects involved in the aforesaid writ petition and the provisions of Articles 14 and 16 of the Constitution of India, which envisages equal and same treatment to all citizens alike and it was mandatory for the Corporation to have treated the Pensioners and the in-service employees without any discrimination. Now that the Hon’ble Rajasthan High Court has given verdict in this connection it is apt that the management of LIC of India complies with the same and do justice to its Pensioners, most of whom are at the fag end of their life, thereby removing the discrimination amongst the pensioners and pensioners and pensioners and in-service employees, while all of them deserve similar treatment.
Since, inspite of lapse of a long time, justice has not been done to the Pensioners and the judgment of the Hon’ble Rajasthan High Court has not been implemented, we earnestly hope and pray for your kind intervention to remove the discrimination being meted out to the Insurance pensioners and directions issued for implementation of the judgment without any further delay.
Sir, we have faith in your magnanimity and sense of Justice and right and positive thinking and approach.
Thanks and regards
Yours humbly,
Mr Madusudhan Mistry meets FM leading AIRIEF Delegation
Mon, 5 July, 2010 10:41:21 PM
Dear friends,
1) Yesterday, I talked to sri GTP ,who is already at Delhi.He told me,they are trying to have darshan of Sri Pranab Mukerjee,FM.
I asked for the members of the delegation.He told me himself,S/Sri athod,JCGarg,Meerut & Jejurkar from Bhopal Sri Madusudhan Mistry,our Hon Chairman will be at Gujarat Bhavan.They await call from PA to FM
2)I told GTP,he wld have been well prepared.he has already given a copy of the Petition to FM, to Sri Mistry also
Please give important,core points,jaipur Judgement crux of both Full DR,pension revision after wage revision,3/6 SC judgement re power of Statutory bodies,26/6 National Litigation Policy re no appeals for HC case involving pension,retiral benefits etc
I told him, he can also add pension bill is moderate,LIC can bear as PM/FM are aware & have praised in so many occasions
Lastly, I asked him to add that even after grant of pension upgradation, LIC pension will be far far short of Govt pension for similar cadres.
GTP has lot of data, I cld notice, he tries to update.
3)I asked him to ring me the next day, today
I was uneasy, i rang him up, he was full of enthu,telling me they are just returning after meet
I enquired the details.He told me as Bandh was there, they were unsure of appointment.Mr Mistry told them to be in readiness.
Indeed the call came ,they rushed at 9PM,one was local delegation.The other was AIRIEF delegation. S/Sri Garg & Jejurkar had to leave, as they had to return ,it was late & bandh also was a factor
4)Mr Mistry put up the case well,he said.He gave full picture of the situation, the long struggle, wait etc He said LIC must honour, they are appealing against,which is not proper.
Sri GTP had to interject for facts, numbers, saying outlay is moderate,LIC can comfortably bear etc
FM patiently listened,appeared to be impressed by Mr Mistrys submissions & data.
FM told them he wld contact LIC Chairman not to appeal.
FM instructed his Private secretary Sri Manoj Pant to connect tomorrow morn so that he wld talk to LIC Chairman
5)There was a glow in his talk, he said thank God, they waited patiently, they ran virtually
.So glad they were to be with FM,he considers it as very fruitful & helpful
I profusely thanked GTP for his valiant efforts on Bandh day,sitting like patience on a monument,atlast after call,meeting FM proudly for a very important,crucial purpose wherein welfare & interets of thousands of pensioners are involved
6)AIRIEF salutes GTP for this noble endeavour,which strategy is vital.Our gratitude to Sri Rathod.Our hearty thanx to Sri Mistry for leading the delegation
Let us all now pray some definitive pointers & results will follow
7)I learn Jaipur case is fixed for 8th July
Greetings
RBKISHORE
VP,AIRIEF
Friday, July 2, 2010
RIEA MEMORANDUM TO CHAIRMAN 2 7 10
RETIRED INSURANCE EMPLOYEES ASSOCIATION, JAIPUR
(Affiliated to All India Retired Insurance Employees Federation)
***
President: K.L. Malhotra (2353023) B-8, Shanti Nagar,
Secretary: M.L Khandelwal (2310783) Ajmer Road,
Org. Secy. K.M.L. Asthana (2223712) Jaipur-302006
(098285 28725) E-mail: asthana_jaipur@yahoo.com
July 3, 2010
The Chairman,
L.I.C. of India,
Central Office,
Yogakshema,
Jevan Bima Marg,
Mumbai-400 021
MEMORANDUM
Sub: Revision of Pensions and payment of Dearness relief on pensions.
***
On behalf of the Pensioners of Life Insurance Corporation of India of Jaipur Division, who are beneficiaries of the verdict of the Hon’ble Rajasthan High Court dated 12st January, 2010 we are submitting this Memorandum through the Sr. Divisional Manager, Division-I, Jaipur as under:
In S.B. Civil Writ Petition No. 6676/1998 the differential treatment with regard to D.R. pensioners who retired prior to 1/8/1997 was challenged and the Hon’ble Rajasthan High Court has directed that there cannot be different rates of Dearness Relief than the rates at which it was payable to in-service employees. This is applicable to those retired after 1/1/1986 to 31/7/1997 since same rate has been applied to those who retired after 1/8/1997. It also means that the DR has to be revised on quarterly basis as is revised in the case of in-service employees.
By another writ petition No. 654/2007 I along with other Petitioners had challenged the action of the Corporation in not revising the pensions as and when pay scales were revised. In this writ petition the Hon’ble High Court has held that on the basis of date of retirement there cannot be any discrimination between the Pensioners interse. All pensioners are entitled to revision of pensions as and when pay scales are revised. The decision of the Board taken in its meeting dated 24/11/2001 but not implemented on account of misnomer of approval of the Central Government has been directed to be implemented with the above modifications.
On 19th of May, 2010 we had sent a downloaded copy of the judgment of the Hon’ble High Court dated 12/1/2010 and then we had submitted the Certified copy of the said judgment passed in S.B. Civil Writ Petition No. 654 of 2007 entitled Krishna Murari Lal Asthana and others vs. Life Insurance Corporation of India and others on the subject of revision of pensions and S.B. Civil Writ Petition No. 6676 of 1998 entitled Krishna Murari Lal Asthana and others vs. Union of India and another on the subject of payment of Dearness Relief on Pensions. In the said letters we had requested for implementation of the judgment within a period of one month from receipt of the certified copy of the judgment.
Then along with letter of Retired Insurance Employees Association dated 8th June, 2010 a copy of the latest judgment of the Hon’ble Supreme Court dated 3rd June, 2010 on the powers of the Government to interfere in the working of the independent Boards, responsibility of the administrative officers to implement such decisions, intervention of politicians such as Ministers etc., and filing of frivolous litigation was sent.
Then the Central Government had announced the National Litigation Policy and the Retired Insurance Employees Association had submitted its letter dated 24th June, 2010 quoting the relevant portion of the said Policy. This Policy amongst other things had pronounced that appeals would not be filed in pension and retirement benefit matters. With this Policy the scope of appeal has also come to an end.
It is needless to make a mention of the judgment of the Hon’ble Supreme Court delivered in Civil Appeal No. 1289 of 2007 – Life Insurance Corporation of India and others vs. Retired L.I.C. Officers and others [(2008) 3 SCC 382] the Hon’ble Supreme Court has held in para 25 that when a benefit is extended to a 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 also. This applies to the present case of the Petitioners and cannot be disobeyed by the Corporation. The Pensioners are also employees of the Corporation and they cannot be denied the benefit of revision of pay scales in the matter of revision of their pensions.
In view of the catena of judgments of the Hon’ble Supreme Court on the subjects involved in the aforesaid writ petition and the provisions of Articles 14 and 16 of the Constitution of India, which envisages equal and same treatment to all citizens alike and it was mandatory for the Corporation to have treated the Pensioners and the in-service employees without any discrimination. Now that the Hon’ble Rajasthan High Court has given verdict in this connection it is apt that the management of LIC of India complies with the same and do justice to its Pensioners, most of whom are the fag end of their life thereby removing the discrimination amongst the pensioners and pensioners and pensioners and in-service employees, while all of them deserve similar treatment.
However, inspite of lapse of a long time justice has not been done to the Pensioners and the judgment of the Hon’ble Rajasthan High Court has not been implemented, which had directed for implementation of the decision of the Board of LIC itself dated 24/11/2001 with such modifications as have been given in the judgment to remove the discrimination meted out to the Pensioners for long. This is the responsibility of the Management of LIC of India.
It is therefore once again requested by this Memorandum that instructions be issued without any further delay and the Pensioners be saved from approaching the Court once again.
Thanking you,
(K.L. Malhotra)
President
(Affiliated to All India Retired Insurance Employees Federation)
***
President: K.L. Malhotra (2353023) B-8, Shanti Nagar,
Secretary: M.L Khandelwal (2310783) Ajmer Road,
Org. Secy. K.M.L. Asthana (2223712) Jaipur-302006
(098285 28725) E-mail: asthana_jaipur@yahoo.com
July 3, 2010
The Chairman,
L.I.C. of India,
Central Office,
Yogakshema,
Jevan Bima Marg,
Mumbai-400 021
MEMORANDUM
Sub: Revision of Pensions and payment of Dearness relief on pensions.
***
On behalf of the Pensioners of Life Insurance Corporation of India of Jaipur Division, who are beneficiaries of the verdict of the Hon’ble Rajasthan High Court dated 12st January, 2010 we are submitting this Memorandum through the Sr. Divisional Manager, Division-I, Jaipur as under:
In S.B. Civil Writ Petition No. 6676/1998 the differential treatment with regard to D.R. pensioners who retired prior to 1/8/1997 was challenged and the Hon’ble Rajasthan High Court has directed that there cannot be different rates of Dearness Relief than the rates at which it was payable to in-service employees. This is applicable to those retired after 1/1/1986 to 31/7/1997 since same rate has been applied to those who retired after 1/8/1997. It also means that the DR has to be revised on quarterly basis as is revised in the case of in-service employees.
By another writ petition No. 654/2007 I along with other Petitioners had challenged the action of the Corporation in not revising the pensions as and when pay scales were revised. In this writ petition the Hon’ble High Court has held that on the basis of date of retirement there cannot be any discrimination between the Pensioners interse. All pensioners are entitled to revision of pensions as and when pay scales are revised. The decision of the Board taken in its meeting dated 24/11/2001 but not implemented on account of misnomer of approval of the Central Government has been directed to be implemented with the above modifications.
On 19th of May, 2010 we had sent a downloaded copy of the judgment of the Hon’ble High Court dated 12/1/2010 and then we had submitted the Certified copy of the said judgment passed in S.B. Civil Writ Petition No. 654 of 2007 entitled Krishna Murari Lal Asthana and others vs. Life Insurance Corporation of India and others on the subject of revision of pensions and S.B. Civil Writ Petition No. 6676 of 1998 entitled Krishna Murari Lal Asthana and others vs. Union of India and another on the subject of payment of Dearness Relief on Pensions. In the said letters we had requested for implementation of the judgment within a period of one month from receipt of the certified copy of the judgment.
Then along with letter of Retired Insurance Employees Association dated 8th June, 2010 a copy of the latest judgment of the Hon’ble Supreme Court dated 3rd June, 2010 on the powers of the Government to interfere in the working of the independent Boards, responsibility of the administrative officers to implement such decisions, intervention of politicians such as Ministers etc., and filing of frivolous litigation was sent.
Then the Central Government had announced the National Litigation Policy and the Retired Insurance Employees Association had submitted its letter dated 24th June, 2010 quoting the relevant portion of the said Policy. This Policy amongst other things had pronounced that appeals would not be filed in pension and retirement benefit matters. With this Policy the scope of appeal has also come to an end.
It is needless to make a mention of the judgment of the Hon’ble Supreme Court delivered in Civil Appeal No. 1289 of 2007 – Life Insurance Corporation of India and others vs. Retired L.I.C. Officers and others [(2008) 3 SCC 382] the Hon’ble Supreme Court has held in para 25 that when a benefit is extended to a 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 also. This applies to the present case of the Petitioners and cannot be disobeyed by the Corporation. The Pensioners are also employees of the Corporation and they cannot be denied the benefit of revision of pay scales in the matter of revision of their pensions.
In view of the catena of judgments of the Hon’ble Supreme Court on the subjects involved in the aforesaid writ petition and the provisions of Articles 14 and 16 of the Constitution of India, which envisages equal and same treatment to all citizens alike and it was mandatory for the Corporation to have treated the Pensioners and the in-service employees without any discrimination. Now that the Hon’ble Rajasthan High Court has given verdict in this connection it is apt that the management of LIC of India complies with the same and do justice to its Pensioners, most of whom are the fag end of their life thereby removing the discrimination amongst the pensioners and pensioners and pensioners and in-service employees, while all of them deserve similar treatment.
However, inspite of lapse of a long time justice has not been done to the Pensioners and the judgment of the Hon’ble Rajasthan High Court has not been implemented, which had directed for implementation of the decision of the Board of LIC itself dated 24/11/2001 with such modifications as have been given in the judgment to remove the discrimination meted out to the Pensioners for long. This is the responsibility of the Management of LIC of India.
It is therefore once again requested by this Memorandum that instructions be issued without any further delay and the Pensioners be saved from approaching the Court once again.
Thanking you,
(K.L. Malhotra)
President
Wednesday, June 30, 2010
RIEA LETTER TO MD 30 6 2010
RETIRED INSURANCE EMPLOYEES ASSOCIATION, JAIPUR
(Affiliated to All India Retired Insurance Employees Federation)
***
President: K.L. Malhotra (2353023) B-8, Shanti Nagar,
Secretary: M.L Khandelwal (2310783) Ajmer Road,
Org. Secy. K.M.L. Asthana (2223712) Jaipur-302006
(098285 28725) E-mail: asthana_jaipur@yahoo.com
June 30, 2010
The Managing Director,
L.I.C. of India,
Central Office,
Yogakshema,
Jeevan Bima Marg,
Mumbai-400 021
Sir,
Sub: Revision of Pensions and payment of Dearness relief on pensions.
***
On 19th of May, 2010 we had sent a downloaded copy of the judgment of the Hon’ble High Court dated 12/1/2010 and then we had submitted the Certified copy of the said judgment passed in S.B. Civil Writ Petition No. 654 of 2007 entitled Krishna Murari Lal Asthana and others vs. Life Insurance Corporation of India and others on the subject of revision of pensions and S.B. Civil Writ Petition No. 6676 of 1998 entitled Krishna Murari Lal Asthana and others vs. Union of India and another on the subject of payment of Dearness Relief on Pensions. In the said letters we had requested for implementation of the judgment within a period of one month from receipt of the certified copy of the judgment.
In S.B. Civil Writ Petition No. 6676/1998 the differential treatment with regard to D.R. pensioners who retired prior to 1/8/1997 was challenged and the Hon’ble Rajasthan High Court has directed that there cannot be different rates of Dearness Relief than the rates at which it was payable to in-service employees. This is applicable to those retired after 1/1/1986 to 31/7/1997 since same rate has been applied to those who retired after 1/8/1997. It also means that the DR has to be revised on quarterly basis as is revised in the case of in-service employees.
By another writ petition No. 654/2007 I along with other Petitioners had challenged the action of the Corporation in not revising the pensions as and when pay scales were revised. In this writ petition the Hon’ble High Court has held that on the basis of date of retirement there cannot be any discrimination between the Pensioners interse. All pensioners are entitled to revision of pensions as and when pay scales are revised. The decision of the Board taken in its meeting dated 24/11/2001 but not implemented on account of misnomer of approval of the Central Government has been directed to be implemented with the above modifications.
Then along with letter of Retired Insurance Employees Association dated 8th June, 2010 a copy of the latest judgment of the Hon’ble Supreme Court dated 3rd June, 2010 on the powers of the Government to interfere in the working of the independent Boards, responsibility of the administrative officers to implement such decisions, intervention of politicians such as Ministers etc., and filing of frivolous litigation was sent.
Then the Central Government had announced the National Litigation Policy and the Retired Insurance Employees Association had submitted its letter dated 24th June, 2010 quoting the relevant portion of the said Policy. This Policy amongst other things had pronounced that appeals would not be filed in pension and retirement benefit matters. With this Policy the scope of appeal has also come to an end.
It is needless to make a mention of the judgment of the Hon’ble Supreme Court delivered in Civil Appeal No. 1289 of 2007 – Life Insurance Corporation of India and others vs. Retired L.I.C. Officers and others [(2008) 3 SCC 382] the Hon’ble Supreme Court has held in para 25 that when a benefit is extended to a 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 also. This applies to the present case of the Petitioners and cannot be disobeyed by the Corporation. The Pensioners are also employees of the Corporation and they cannot be denied the benefit of revision of pay scales.
However, inspite of lapse of a long time the judgment of the Hon’ble Rajasthan High Court has not been implemented, which had directed for implementation of the decision of the Board of LIC itself dated 24/11/2001 with such modifications as have been given in the judgment to remove the discrimination meted out to the Pensioners for long.
It was also requested that instructions be issued for payment of DR on the slabs which had accrued and for which DA has already been released to in-service employees from 1st May, 2010. This would have given some respite to the old citizens of India from every day soaring prices of the life saving items. But these instructions have also not been issued.
Since the decision of the Board has to be implemented there should not be any hitch but no action is being taken on the same. Sir, does it not amount to contempt of court?
It is therefore once again requested that instructions be issued within a period of fifteen days from receipt of this letter positively, otherwise the Petitioners may approach the Court for redressal.
Thanking you,
Yours faithfully,
(K.M.L. Asthana)
Org. Secretary
(Affiliated to All India Retired Insurance Employees Federation)
***
President: K.L. Malhotra (2353023) B-8, Shanti Nagar,
Secretary: M.L Khandelwal (2310783) Ajmer Road,
Org. Secy. K.M.L. Asthana (2223712) Jaipur-302006
(098285 28725) E-mail: asthana_jaipur@yahoo.com
June 30, 2010
The Managing Director,
L.I.C. of India,
Central Office,
Yogakshema,
Jeevan Bima Marg,
Mumbai-400 021
Sir,
Sub: Revision of Pensions and payment of Dearness relief on pensions.
***
On 19th of May, 2010 we had sent a downloaded copy of the judgment of the Hon’ble High Court dated 12/1/2010 and then we had submitted the Certified copy of the said judgment passed in S.B. Civil Writ Petition No. 654 of 2007 entitled Krishna Murari Lal Asthana and others vs. Life Insurance Corporation of India and others on the subject of revision of pensions and S.B. Civil Writ Petition No. 6676 of 1998 entitled Krishna Murari Lal Asthana and others vs. Union of India and another on the subject of payment of Dearness Relief on Pensions. In the said letters we had requested for implementation of the judgment within a period of one month from receipt of the certified copy of the judgment.
In S.B. Civil Writ Petition No. 6676/1998 the differential treatment with regard to D.R. pensioners who retired prior to 1/8/1997 was challenged and the Hon’ble Rajasthan High Court has directed that there cannot be different rates of Dearness Relief than the rates at which it was payable to in-service employees. This is applicable to those retired after 1/1/1986 to 31/7/1997 since same rate has been applied to those who retired after 1/8/1997. It also means that the DR has to be revised on quarterly basis as is revised in the case of in-service employees.
By another writ petition No. 654/2007 I along with other Petitioners had challenged the action of the Corporation in not revising the pensions as and when pay scales were revised. In this writ petition the Hon’ble High Court has held that on the basis of date of retirement there cannot be any discrimination between the Pensioners interse. All pensioners are entitled to revision of pensions as and when pay scales are revised. The decision of the Board taken in its meeting dated 24/11/2001 but not implemented on account of misnomer of approval of the Central Government has been directed to be implemented with the above modifications.
Then along with letter of Retired Insurance Employees Association dated 8th June, 2010 a copy of the latest judgment of the Hon’ble Supreme Court dated 3rd June, 2010 on the powers of the Government to interfere in the working of the independent Boards, responsibility of the administrative officers to implement such decisions, intervention of politicians such as Ministers etc., and filing of frivolous litigation was sent.
Then the Central Government had announced the National Litigation Policy and the Retired Insurance Employees Association had submitted its letter dated 24th June, 2010 quoting the relevant portion of the said Policy. This Policy amongst other things had pronounced that appeals would not be filed in pension and retirement benefit matters. With this Policy the scope of appeal has also come to an end.
It is needless to make a mention of the judgment of the Hon’ble Supreme Court delivered in Civil Appeal No. 1289 of 2007 – Life Insurance Corporation of India and others vs. Retired L.I.C. Officers and others [(2008) 3 SCC 382] the Hon’ble Supreme Court has held in para 25 that when a benefit is extended to a 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 also. This applies to the present case of the Petitioners and cannot be disobeyed by the Corporation. The Pensioners are also employees of the Corporation and they cannot be denied the benefit of revision of pay scales.
However, inspite of lapse of a long time the judgment of the Hon’ble Rajasthan High Court has not been implemented, which had directed for implementation of the decision of the Board of LIC itself dated 24/11/2001 with such modifications as have been given in the judgment to remove the discrimination meted out to the Pensioners for long.
It was also requested that instructions be issued for payment of DR on the slabs which had accrued and for which DA has already been released to in-service employees from 1st May, 2010. This would have given some respite to the old citizens of India from every day soaring prices of the life saving items. But these instructions have also not been issued.
Since the decision of the Board has to be implemented there should not be any hitch but no action is being taken on the same. Sir, does it not amount to contempt of court?
It is therefore once again requested that instructions be issued within a period of fifteen days from receipt of this letter positively, otherwise the Petitioners may approach the Court for redressal.
Thanking you,
Yours faithfully,
(K.M.L. Asthana)
Org. Secretary
RIEA LETTER TO EDP 30 6 2010
RETIRED INSURANCE EMPLOYEES ASSOCIATION, JAIPUR
(Affiliated to All India Retired Insurance Employees Federation)
***
President: K.L. Malhotra (2353023) B-8, Shanti Nagar,
Secretary: M.L Khandelwal (2310783) Ajmer Road,
Org. Secy. K.M.L. Asthana (2223712) Jaipur-302006
(098285 28725) E-mail: asthana_jaipur@yahoo.com
June 30, 2010
The Executive Director (P),
L.I.C. of India,
Central Office,
Yogakshema,
Jeevan Bima Marg,
Mumbai-400 021
Sir,
Sub: Revision of Pensions and payment of Dearness relief on pensions.
***
On 19th of May, 2010 we had sent a downloaded copy of the judgment of the Hon’ble High Court dated 12/1/2010 and then we had submitted the Certified copy of the said judgment passed in S.B. Civil Writ Petition No. 654 of 2007 entitled Krishna Murari Lal Asthana and others vs. Life Insurance Corporation of India and others on the subject of revision of pensions and S.B. Civil Writ Petition No. 6676 of 1998 entitled Krishna Murari Lal Asthana and others vs. Union of India and another on the subject of payment of Dearness Relief on Pensions. In the said letters we had requested for implementation of the judgment within a period of one month from receipt of the certified copy of the judgment.
In S.B. Civil Writ Petition No. 6676/1998 the differential treatment with regard to D.R. pensioners who retired prior to 1/8/1997 was challenged and the Hon’ble Rajasthan High Court has directed that there cannot be different rates of Dearness Relief than the rates at which it was payable to in-service employees. This is applicable to those retired after 1/1/1986 to 31/7/1997 since same rate has been applied to those who retired after 1/8/1997. It also means that the DR has to be revised on quarterly basis as is revised in the case of in-service employees.
By another writ petition No. 654/2007 I along with other Petitioners had challenged the action of the Corporation in not revising the pensions as and when pay scales were revised. In this writ petition the Hon’ble High Court has held that on the basis of date of retirement there cannot be any discrimination between the Pensioners interse. All pensioners are entitled to revision of pensions as and when pay scales are revised. The decision of the Board taken in its meeting dated 24/11/2001 but not implemented on account of misnomer of approval of the Central Government has been directed to be implemented with the above modifications.
Then along with letter of Retired Insurance Employees Association dated 8th June, 2010 a copy of the latest judgment of the Hon’ble Supreme Court dated 3rd June, 2010 on the powers of the Government to interfere in the working of the independent Boards, responsibility of the administrative officers to implement such decisions, intervention of politicians such as Ministers etc., and filing of frivolous litigation was sent.
Then the Central Government had announced the National Litigation Policy and the Retired Insurance Employees Association had submitted its letter dated 24th June, 2010 quoting the relevant portion of the said Policy. This Policy amongst other things had pronounced that appeals would not be filed in pension and retirement benefit matters. With this Policy the scope of appeal has also come to an end.
It is needless to make a mention of the judgment of the Hon’ble Supreme Court delivered in Civil Appeal No. 1289 of 2007 – Life Insurance Corporation of India and others vs. Retired L.I.C. Officers and others [(2008) 3 SCC 382] the Hon’ble Supreme Court has held in para 25 that when a benefit is extended to a 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 also. This applies to the present case of the Petitioners and cannot be disobeyed by the Corporation. The Pensioners are also employees of the Corporation and they cannot be denied the benefit of revision of pay scales.
However, inspite of lapse of a long time the judgment of the Hon’ble Rajasthan High Court has not been implemented, which had directed for implementation of the decision of the Board of LIC itself dated 24/11/2001 with such modifications as have been given in the judgment to remove the discrimination meted out to the Pensioners for long.
It was also requested that instructions be issued for payment of DR on the slabs which had accrued and for which DA has already been released to in-service employees from 1st May, 2010. This would have given some respite to the old citizens of India from every day soaring prices of the life saving items. But these instructions have also not been issued.
Since the decision of the Board has to be implemented there should not be any hitch but no action is being taken on the same. Sir, does it not amount to contempt of court?
It is therefore once again requested that instructions be issued within a period of fifteen days from receipt of this letter positively, otherwise the Petitioners may approach the Court for redressal.
Thanking you,
Yours faithfully,
(K.M.L. Asthana)
Org. Secretary
(Affiliated to All India Retired Insurance Employees Federation)
***
President: K.L. Malhotra (2353023) B-8, Shanti Nagar,
Secretary: M.L Khandelwal (2310783) Ajmer Road,
Org. Secy. K.M.L. Asthana (2223712) Jaipur-302006
(098285 28725) E-mail: asthana_jaipur@yahoo.com
June 30, 2010
The Executive Director (P),
L.I.C. of India,
Central Office,
Yogakshema,
Jeevan Bima Marg,
Mumbai-400 021
Sir,
Sub: Revision of Pensions and payment of Dearness relief on pensions.
***
On 19th of May, 2010 we had sent a downloaded copy of the judgment of the Hon’ble High Court dated 12/1/2010 and then we had submitted the Certified copy of the said judgment passed in S.B. Civil Writ Petition No. 654 of 2007 entitled Krishna Murari Lal Asthana and others vs. Life Insurance Corporation of India and others on the subject of revision of pensions and S.B. Civil Writ Petition No. 6676 of 1998 entitled Krishna Murari Lal Asthana and others vs. Union of India and another on the subject of payment of Dearness Relief on Pensions. In the said letters we had requested for implementation of the judgment within a period of one month from receipt of the certified copy of the judgment.
In S.B. Civil Writ Petition No. 6676/1998 the differential treatment with regard to D.R. pensioners who retired prior to 1/8/1997 was challenged and the Hon’ble Rajasthan High Court has directed that there cannot be different rates of Dearness Relief than the rates at which it was payable to in-service employees. This is applicable to those retired after 1/1/1986 to 31/7/1997 since same rate has been applied to those who retired after 1/8/1997. It also means that the DR has to be revised on quarterly basis as is revised in the case of in-service employees.
By another writ petition No. 654/2007 I along with other Petitioners had challenged the action of the Corporation in not revising the pensions as and when pay scales were revised. In this writ petition the Hon’ble High Court has held that on the basis of date of retirement there cannot be any discrimination between the Pensioners interse. All pensioners are entitled to revision of pensions as and when pay scales are revised. The decision of the Board taken in its meeting dated 24/11/2001 but not implemented on account of misnomer of approval of the Central Government has been directed to be implemented with the above modifications.
Then along with letter of Retired Insurance Employees Association dated 8th June, 2010 a copy of the latest judgment of the Hon’ble Supreme Court dated 3rd June, 2010 on the powers of the Government to interfere in the working of the independent Boards, responsibility of the administrative officers to implement such decisions, intervention of politicians such as Ministers etc., and filing of frivolous litigation was sent.
Then the Central Government had announced the National Litigation Policy and the Retired Insurance Employees Association had submitted its letter dated 24th June, 2010 quoting the relevant portion of the said Policy. This Policy amongst other things had pronounced that appeals would not be filed in pension and retirement benefit matters. With this Policy the scope of appeal has also come to an end.
It is needless to make a mention of the judgment of the Hon’ble Supreme Court delivered in Civil Appeal No. 1289 of 2007 – Life Insurance Corporation of India and others vs. Retired L.I.C. Officers and others [(2008) 3 SCC 382] the Hon’ble Supreme Court has held in para 25 that when a benefit is extended to a 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 also. This applies to the present case of the Petitioners and cannot be disobeyed by the Corporation. The Pensioners are also employees of the Corporation and they cannot be denied the benefit of revision of pay scales.
However, inspite of lapse of a long time the judgment of the Hon’ble Rajasthan High Court has not been implemented, which had directed for implementation of the decision of the Board of LIC itself dated 24/11/2001 with such modifications as have been given in the judgment to remove the discrimination meted out to the Pensioners for long.
It was also requested that instructions be issued for payment of DR on the slabs which had accrued and for which DA has already been released to in-service employees from 1st May, 2010. This would have given some respite to the old citizens of India from every day soaring prices of the life saving items. But these instructions have also not been issued.
Since the decision of the Board has to be implemented there should not be any hitch but no action is being taken on the same. Sir, does it not amount to contempt of court?
It is therefore once again requested that instructions be issued within a period of fifteen days from receipt of this letter positively, otherwise the Petitioners may approach the Court for redressal.
Thanking you,
Yours faithfully,
(K.M.L. Asthana)
Org. Secretary
RIEA LETTER TO CHAIRMAN 30 6 10
RETIRED INSURANCE EMPLOYEES ASSOCIATION, JAIPUR
(Affiliated to All India Retired Insurance Employees Federation)
***
President: K.L. Malhotra (2353023) B-8, Shanti Nagar,
Secretary: M.L Khandelwal (2310783) Ajmer Road,
Org. Secy. K.M.L. Asthana (2223712) Jaipur-302006
(098285 28725) E-mail: asthana_jaipur@yahoo.com
June 30, 2010
The Chairman,
L.I.C. of India ,
Central Office,
Yogakshema,
Jeevan Bima Marg,
Mumbai-400 021
Sir,
Sub: Revision of Pensions and payment of Dearness relief on pensions.
***
On 19th of May, 2010 we had sent a downloaded copy of the judgment of the Hon’ble High Court dated 12/1/2010 and then we had submitted the Certified copy of the said judgment passed in S.B. Civil Writ Petition No. 654 of 2007 entitled Krishna Murari Lal Asthana and others vs. Life Insurance Corporation of India and others on the subject of revision of pensions and S.B. Civil Writ Petition No. 6676 of 1998 entitled Krishna Murari Lal Asthana and others vs. Union of India and another on the subject of payment of Dearness Relief on Pensions. In the said letters we had requested for implementation of the judgment within a period of one month from receipt of the certified copy of the judgment.
In S.B. Civil Writ Petition No. 6676/1998 the differential treatment with regard to D.R. pensioners who retired prior to 1/8/1997 was challenged and the Hon’ble Rajasthan High Court has directed that there cannot be different rates of Dearness Relief than the rates at which it was payable to in-service employees. This is applicable to those retired after 1/1/1986 to 31/7/1997 since same rate has been applied to those who retired after 1/8/1997. It also means that the DR has to be revised on quarterly basis as is revised in the case of in-service employees.
By another writ petition No. 654/2007 I along with other Petitioners had challenged the action of the Corporation in not revising the pensions as and when pay scales were revised. In this writ petition the Hon’ble High Court has held that on the basis of date of retirement there cannot be any discrimination between the Pensioners interse. All pensioners are entitled to revision of pensions as and when pay scales are revised. The decision of the Board taken in its meeting dated 24/11/2001 but not implemented on account of misnomer of approval of the Central Government has been directed to be implemented with the above modifications.
Then along with letter of Retired Insurance Employees Association dated 8th June, 2010 a copy of the latest judgment of the Hon’ble Supreme Court dated 3rd June, 2010 on the powers of the Government to interfere in the working of the independent Boards, responsibility of the administrative officers to implement such decisions, intervention of politicians such as Ministers etc., and filing of frivolous litigation was sent.
Then the Central Government had announced the National Litigation Policy and the Retired Insurance Employees Association had submitted its letter dated 24th June, 2010 quoting the relevant portion of the said Policy. This Policy amongst other things had pronounced that appeals would not be filed in pension and retirement benefit matters. With this Policy the scope of appeal has also come to an end.
It is needless to make a mention of the judgment of the Hon’ble Supreme Court delivered in Civil Appeal No. 1289 of 2007 – Life Insurance Corporation of India and others vs. Retired L.I.C. Officers and others [(2008) 3 SCC 382] the Hon’ble Supreme Court has held in para 25 that when a benefit is extended to a 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 also. This applies to the present case of the Petitioners and cannot be disobeyed by the Corporation. The Pensioners are also employees of the Corporation and they cannot be denied the benefit of revision of pay scales.
However, inspite of lapse of a long time the judgment of the Hon’ble Rajasthan High Court has not been implemented, which had directed for implementation of the decision of the Board of LIC itself dated 24/11/2001 with such modifications as have been given in the judgment to remove the discrimination meted out to the Pensioners for long.
It was also requested that instructions be issued for payment of DR on the slabs which had accrued and for which DA has already been released to in-service employees from 1st May, 2010. This would have given some respite to the old citizens of India from every day soaring prices of the life saving items. But these instructions have also not been issued.
Since the decision of the Board has to be implemented there should not be any hitch but no action is being taken on the same. Sir, does it not amount to contempt of court?
It is therefore once again requested that instructions be issued within a period of fifteen days from receipt of this letter positively, otherwise the Petitioners may approach the Court for redressal.
Thanking you,
Yours faithfully,
(K.M.L. Asthana)
Org. Secretary
Thursday, June 24, 2010
RIEA LETTER TO EDP 24 6 2010
RETIRED INSURANCE EMPLOYEES ASSOCIATION, JAIPUR
(Affiliated to All India Retired Insurance Employees Federation)
***
President: K.L. Malhotra (2352023) B-8, Shanti Nagar,
Secretary: M.L Khandelwal (2310783) Ajmer Road,
Org. Secy. K.M.L. Asthana (2223712) Jaipur-302006
(098285 28725) E-mail: asthana_jaipur@yahoo.com
June 24, 2010
The Executive Director (P),
L.I.C. of India,
Central Office,
Yogakshema,
Jeevan Bima Marg,
Mumbai-400 001
Sir,
Sub: Implementation of the judgment of Hon’ble Rajasthan High Court
in S.B. Civil Writ Petition Nos. 6676/1998 and 654/2007- Krishna Murari Lal Asthana.
***
Kindly refer to our representation dated 24/5/2010 along which we had submitted the certified copy of the judgment dated 12/1/2010 of the Hon’ble Rajasthan High Court whereby the S.B. Civil Wit Petition No. 6676 of1998 entitled Krishna Murari Lal Asthana vs. Union of India and others and S.B. Civil Writ Petition No. 654 of 2007 entitled Krishna Murari Lal Asthana and others vs. Life Insurance Corporation of India and another have been allowed.
After this letter we had also sent a copy of the judgment of the Hon’ble Supreme Court rendered on 3rd June, 2010 along with our letter dated 8/6/2010.
We have been awaiting necessary instructions for implementation of the judgment but it appears that action has not been initiated so far by issue of instructions of DR on quarterly basis from 1/5/2010.
We are now reproducing hereunder the relevant provisions of the National Litigation Policy announced by the Union Law Minister yesterday the 23rd June, 2010 for your kind reference:
Appeals, adjournments, delays restricted
Appeals would no longer be filed in:
• ex parte ad interim orders,
• tribunal hearings or administrative tribunals, unless in exceptional cases,
• service matters that only pertain to "individual grievance without any major repercussion" or pension or retirement benefits that do not have precedential or financial implications, or
• revenue matters unless the stakes are high or in a number of other exceptions
Appeals to the Supreme Court would only be allowed if:
• a case involves a question of law or a question of law under the constitution,
• a conclusion of fact by the lower court was "perverse" or a High Court's decision was "plainly erroneous",
• public finances are adversely affected,
• it substantially interferes with "public justice", or
• a High Court exceeded its jurisdiction or has struck down a statutory provision as ultra vires.
Delays in filing appeals would also be more strictly monitored by the new nodal officers and heads of departments and the "question of limitation and delay must be approached on the premise that every court will be strict with regard to condonation of delay".
In view of this mandatory provision of the National Litigation Policy no appeal in the matters of pensions and retiral benefits is to be filed. This Policy comes into force from 1st July, 2010. We are sure that a magnanimous Institution like LIC will honour the judgment and give respite to the Pensioners in the last days of their life, hundreds of whom have already left this world. We hope in this view if there is any thought of appeal the same should not be resorted to.
It may not be out of place to submit that even the Hon’ble Supreme Court in its latest judgment dated 3/6/2010, a copy of which has already been submitted, has deprecated frivolous litigation.
Under the circumstances we request you to kindly implement the judgment of the Hon’ble Rajasthan High Court, which has already been overdelayed.
Thanking you,
Yours faithfully,
(K.M.L. Asthana)
Org. Secretary
(Affiliated to All India Retired Insurance Employees Federation)
***
President: K.L. Malhotra (2352023) B-8, Shanti Nagar,
Secretary: M.L Khandelwal (2310783) Ajmer Road,
Org. Secy. K.M.L. Asthana (2223712) Jaipur-302006
(098285 28725) E-mail: asthana_jaipur@yahoo.com
June 24, 2010
The Executive Director (P),
L.I.C. of India,
Central Office,
Yogakshema,
Jeevan Bima Marg,
Mumbai-400 001
Sir,
Sub: Implementation of the judgment of Hon’ble Rajasthan High Court
in S.B. Civil Writ Petition Nos. 6676/1998 and 654/2007- Krishna Murari Lal Asthana.
***
Kindly refer to our representation dated 24/5/2010 along which we had submitted the certified copy of the judgment dated 12/1/2010 of the Hon’ble Rajasthan High Court whereby the S.B. Civil Wit Petition No. 6676 of1998 entitled Krishna Murari Lal Asthana vs. Union of India and others and S.B. Civil Writ Petition No. 654 of 2007 entitled Krishna Murari Lal Asthana and others vs. Life Insurance Corporation of India and another have been allowed.
After this letter we had also sent a copy of the judgment of the Hon’ble Supreme Court rendered on 3rd June, 2010 along with our letter dated 8/6/2010.
We have been awaiting necessary instructions for implementation of the judgment but it appears that action has not been initiated so far by issue of instructions of DR on quarterly basis from 1/5/2010.
We are now reproducing hereunder the relevant provisions of the National Litigation Policy announced by the Union Law Minister yesterday the 23rd June, 2010 for your kind reference:
Appeals, adjournments, delays restricted
Appeals would no longer be filed in:
• ex parte ad interim orders,
• tribunal hearings or administrative tribunals, unless in exceptional cases,
• service matters that only pertain to "individual grievance without any major repercussion" or pension or retirement benefits that do not have precedential or financial implications, or
• revenue matters unless the stakes are high or in a number of other exceptions
Appeals to the Supreme Court would only be allowed if:
• a case involves a question of law or a question of law under the constitution,
• a conclusion of fact by the lower court was "perverse" or a High Court's decision was "plainly erroneous",
• public finances are adversely affected,
• it substantially interferes with "public justice", or
• a High Court exceeded its jurisdiction or has struck down a statutory provision as ultra vires.
Delays in filing appeals would also be more strictly monitored by the new nodal officers and heads of departments and the "question of limitation and delay must be approached on the premise that every court will be strict with regard to condonation of delay".
In view of this mandatory provision of the National Litigation Policy no appeal in the matters of pensions and retiral benefits is to be filed. This Policy comes into force from 1st July, 2010. We are sure that a magnanimous Institution like LIC will honour the judgment and give respite to the Pensioners in the last days of their life, hundreds of whom have already left this world. We hope in this view if there is any thought of appeal the same should not be resorted to.
It may not be out of place to submit that even the Hon’ble Supreme Court in its latest judgment dated 3/6/2010, a copy of which has already been submitted, has deprecated frivolous litigation.
Under the circumstances we request you to kindly implement the judgment of the Hon’ble Rajasthan High Court, which has already been overdelayed.
Thanking you,
Yours faithfully,
(K.M.L. Asthana)
Org. Secretary
RIEA LETTER TO CHAIRMAN 24 6 2010
RETIRED INSURANCE EMPLOYEES ASSOCIATION, JAIPUR
(Affiliated to All India Retired Insurance Employees Federation)
***
President: K.L. Malhotra (2352023) B-8, Shanti Nagar,
Secretary: M.L Khandelwal (2310783) Ajmer Road,
Org. Secy. K.M.L. Asthana (2223712) Jaipur-302006
(098285 28725) E-mail: asthana_jaipur@yahoo.com
June 24, 2010
The Chairman,
L.I.C. of India ,
Central Office,
Yogakshema,
Jeevan Bima Marg,
Mumbai-400 001
Sir,
Sub: Implementation of the judgment of Hon’ble Rajasthan High Court
in S.B. Civil Writ Petition Nos. 6676/1998 and 654/2007- Krishna Murari Lal Asthana.
***
Kindly refer to our representation dated 24/5/2010 along which we had submitted the certified copy of the judgment dated 12/1/2010 of the Hon’ble Rajasthan High Court whereby the S.B. Civil Wit Petition No. 6676 of1998 entitled Krishna Murari Lal Asthana vs. Union of India and others and S.B. Civil Writ Petition No. 654 of 2007 entitled Krishna Murari Lal Asthana and others vs. Life Insurance Corporation of India and another have been allowed.
After this letter we had also sent a copy of the judgment of the Hon’ble Supreme Court rendered on 3rd June, 2010 along with our letter dated 8/6/2010.
We have been awaiting necessary instructions for implementation of the judgment but it appears that action has not been initiated so far by issue of instructions of DR on quarterly basis from 1/5/2010.
We are now reproducing hereunder the relevant provisions of the National Litigation Policy announced by the Union Law Minister yesterday the 23rd June, 2010 for your kind reference:
Appeals, adjournments, delays restricted
Appeals would no longer be filed in:
- ex parte ad interim orders,
- tribunal hearings or administrative tribunals, unless in exceptional cases,
- service matters that only pertain to "individual grievance without any major repercussion" or pension or retirement benefits that do not have precedential or financial implications, or
- revenue matters unless the stakes are high or in a number of other exceptions
Appeals to the Supreme Court would only be allowed if:
- a case involves a question of law or a question of law under the constitution,
- a conclusion of fact by the lower court was "perverse" or a High Court's decision was "plainly erroneous",
- public finances are adversely affected,
- it substantially interferes with "public justice", or
- a High Court exceeded its jurisdiction or has struck down a statutory provision as ultra vires.
Delays in filing appeals would also be more strictly monitored by the new nodal officers and heads of departments and the "question of limitation and delay must be approached on the premise that every court will be strict with regard to condonation of delay".
In view of this mandatory provision of the National Litigation Policy no appeal in the matters of pensions and retiral benefits is to be filed. This Policy comes into force from 1st July, 2010. We are sure that a magnanimous Institution like LIC will honour the judgment and give respite to the Pensioners in the last days of their life, hundreds of whom have already left this world. We hope in this view if there is any thought of appeal the same should not be resorted to.
It may not be out of place to submit that even the Hon’ble Supreme Court in its latest judgment dated 3/6/2010, a copy of which has already been submitted, has deprecated frivolous litigation.
Under the circumstances we request you to kindly implement the judgment of the Hon’ble Rajasthan High Court, which has already been overdelayed.
Thanking you,
Yours faithfully,
(K.M.L. Asthana)
Org. Secretary
Tuesday, June 8, 2010
RIEA LETTER TO CHAIRMAN 8 6 2010
RETIRED INSURANCE EMPLOYEES ASSOCIATION, JAIPUR
(Affiliated to All India Retired Insurance Employees Federation)
***
President: K.L. Malhotra (2353023) B-8, Shanti Nagar,
Secretary: M.L Khandelwal (2310783) Ajmer Road,
Org. Secy. K.M.L. Asthana (2223712) Jaipur-302006
(098285 28725) E-mail: asthana_jaipur@yahoo.com
June 8, 2010
The Chairman,
L.I.C. of India ,
Central Office,
Yogakshema,
Jeevan Bima Marg,
Mumbai-400 021
Sir,
Sub: Implementation of the judgment of the Hon’ble Rajasthan High
Court dated 12/1/2010 in SB C.W.P. Nos. 6676/1998 and 654/2007.
***
This is further to our letter dated 24/5/2010 along with certified copy of the judgment of the Hon’ble High Court in the above cases with a request to please implement the judgment within one month.
However, on the above subject we are sending herewith a copy of the judgment of the Hon’ble Supreme Court rendered on 3rd June, 2010, which is on the subject of powers of the Government to interfere in the working of the independent Boards, as ours is, responsibility of the administrative officers to implement such decisions, intervention of politicians such as Ministers etc, and filing of frivolous litigation. This judgment is in addition to the cases referred to in the judgment and also on other subjects.
Sir, thus we have been able to get independence of the Board from the shackles of the Central Government and now it is for the administrative machinery of the Board to take immediate steps for implementation of the decision of the Board.. Kindly therefore, comply with the judgment of the Hon’ble High Court without any further delay as requested in our letter under reference.
Thanking you, Sir,
Yours faithfully,
(K.M.L. Asthana)
Org. Secretary
Encl. as above
Monday, May 24, 2010
KML LETTER TO CHAIRMAN REVISION OF PENSION 24 5 2010
B-8, Shanti Nagar,
Jaipur-302006
E-mail: asthana_jaipur@yahoo.com
May 24, 2010
REGISTERED A.D.
To,
The Chairman,
L.I.C. of India ,
Central Office, Yogakshema,
Bima Marg, Fort,
Mumbai-400 021
Sir,
Sub: Revision of Pensions and payment of Dearness relief on pensions
***
I am submitting herewith certified copy of the judgment of the Hon’ble Rajasthan High Court passed in S.B. Civil Writ Petition No. 654 of 2007 entitled Krishna Murari Lal Asthana and others vs. Life Insurance Corporation of India and others on the subject of revision of pensions and S.B. Civil Writ Petition No. 6676 of 1998 entitled Krishna Murari Lal Asthana vs. Union of India and another on the subject of payment of Dearness Relief of Pensions. These writ petitions have been allowed by the Hon’ble Rajasthan High Court, Jaipur Bench, Jaipur vide its judgment dated 12/1/2010. The judgment is self-explanatory.
in S.B. Civil Writ Petition No. 6676/1998 I had challenged the differential treatment with regard to payment of D.R. to pensioners who retired prior to 1/8/1997 and the Hon’ble Rajasthan High Court has directed that there cannot be different rates of Dearness Relief than the rates at which it was payable to in-service employees. This is applicable to those who retired after 1/1/1986 to 31/7/1997 since same rate has been applied to those who retired after 1/8/1997. sIR, it also means that the DR has to be revised on quarterly basis as is revised in the case of in-service employees.
By another writ petition No. 654/2007 I along with other Petitioners had challenged the action of the Corporation in not revising the pensions as and when pay scales were revised. In this writ petition the Hon’ble Rajasthan High Court has held that on the basis of date of retirement there cannot be any discrimination between the Pensioners interse. All pensioners are entitled to revision of pensions as and when pay scales are revised. The decision of the Board taken in its meeting dated 24/11/2001 but not implemented on account of misnomer of approval of the Central Government has been directed to be implemented with the above modifications.
It is therefore requested that the compliance of the judgment may kindly be made and the pension of the applicant may be directed to be updated in terms of the judgment and arrears of the difference of pension on account of rate of DR and revision of pensions be also directed to be paid from the date of my retirement I,.e. 31/12/1997 at an early date and in any case within a period of one month from receipt of the certified copy of the judgment.
In the meantime instructions be released for payment of Dearness allowance as enhanced from 1st May, 2010.
A copy of the instructions issued in this connection be also kindly be directed to be sent to this Association.
Kindly acknowledge,
Yours faithfully,
(K.M.L. Asthana)
Encls. as above
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