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Saturday, October 25, 2014

RTI Appeals, pretext of missing records : PIC recent decision heartening‏

Only Summary Portion extracted  from 9 Pages
CENTRAL INFORMATION COMMISSION
(Room No.315, B­Wing, August Kranti Bhawan, Bhikaji Cama Place, New Delhi 110 066)
File No.CIC/DS/A/2013/001788­SA
 (Sh.Om  Prakash  Vs. Land & Building Dept, GNCTD)
Appellant :Shri Om Prakash

Respondent Land & Building Dep    
GNCTD, Delhi

Date of hearing 21­08­2014

Date of decision 29­08­2014
  Information Commissioner
:
Prof. M. Sridhar Acharyulu
(Madabhushi Sridhar)
  Referred Sections
:
Sections 3, 19(3) of the RTI
Act
Result
:
Appeal allowed/
Disposed of

Observation : “Case of Missing File”

Summary: Unless proved that record was destroyed as per the prescribed rules of destruction/ retention policy, it is deemed that record continues to be held by public authority. Claim of file missing or not traceable has no legality as it is not recognized as exception by RTI Act. By practice ‘missing file’ cannot be read into as exception in addition to exceptions prescribed by RTI Act. It amounts to breach of Public Records Act, 1993 and punishable with imprisonment up to a term of five years or with fine or both. Public Authority has a duty to initiate action for this kind of loss of public record, in the form of ‘not traceable’ or ‘missing’. The Public Authority also has a duty to designate an officer as Records Officer and protect the records. A thorough search for the file, inquiry to find out public servant responsible, disciplinary action and action under Public Records Act, reconstruction of alternative file, relief to the person affected by the loss of file are the basic actions the Public Authority is legitimately expected to perform.
-----INFORMATION COMMISSIONER,NEW DELHI
-------------------------------------------------------------------------------
courtesy:
B.G.Raithatha,
General Secretary,UBREA,Rajkot  

AIBEA flays delay in filling top slots in PSU banks

CH VENKITACHALAM
At least ten public sector banks have been functioning without full-time chairmen and managing directors and executive directors for the last three months.
While the interviews were conducted recently to fill these posts, orders have not been issued. This has caused anxiety in the banking circle, said All India Bank Employees’ Association, General Secretary C.H. Venkatachalam.
If the Prime Minister and Finance Minister were serious about achieving the target of reaching every section of the people through their recently-launched initiative such as Jan Dhan Yojana, then these posts had to be filled up immediately, he said in a letter to the Prime Minister Narendra Modi on Friday.
According to him, at least six public sector banks do not have chairmen and managing directors. These includes United Bank of India, Canara Bank, Syndicate Bank, Bank of Baroda, Indian Overseas Bank and Oriental Bank of Commerce.
The post of second executive director has to be filled up in Allahabad Bank, Andhra Bank, UCO Bank and Union Bank of India (third position).
“Almost all these positions have remained vacant for three to five months, except

Syndicate Bank chairman and managing director, S.K. Jain, who was suspended on August 2. What is the problem in filing these posts? A few more top posts are set to fall vacant by end-December and this will aggravate the situation,” Mr. Venkatachalam said.
(the hindu)

Friday, October 24, 2014


US President Barack Obama greeted Hindus, 
Jains, Sikhs and Buddhists across the world 
on the occasion of Diwali.




Press Trust of India | Washington | Posted: October 23, 2014 6:28 am
US President Barack Obama greeted Hindus, Jains, Sikhs and Buddhists across the world on the occasion of Diwali, saying it was a chance to remember that even in the midst of darkness, light will ultimately prevail.
“I want to wish a Happy Diwali to all those who are celebrating the festival of lights here in the United States and around the world,” Obama said in his Diwali message yesterday.
In 2009, Obama became the first US president to celebrate the festival, a time of rejoicing for many in the Asian American and Pacific Islander (AAPI) community and across the world.

Communication

London: A new study has suggested that communication and compromise can be a key to happy marriage.
Sarah Thompson, a family solicitor with Slater and Gordon, which commissioned the research, said that what's clear from her meetings with clients, who have been married for at least 10 years, is that marriage can be hard work, the Daily Express reported.
Thompson added that when she speaks to them about the reasons their relationship has ended, it's often for the same reasons, problems like, communicating and not being able to compromise.
Thompson continued that sadly, despite the best intentions in the world, not every marriage will last forever, but
Key to happy marriage - "Have a good sense
of humour", "Keep laughing" !
There were some unexpected pieces of advice too, like, "don't get married," "don't let the in-laws interfere" and "don't have unrealistic expectations of changing someone to suit yourself."
A satisfying sex life was only 18th on a list of 20 top tips to a better relationship trailing behind patience, honesty and respect.

Thursday, October 23, 2014

Wednesday, October 22, 2014

A Pious Wish and Greetings


We say in our prayers .....
" AAKASATH PATHITHAM THOYAM YADHA GACHCHATHI SAAGARAM ..." 
( That is to say just as the rain from heavens ultimately reaches the Ocean....) 
...All forms of worship would ultimately reach your lotus feet.

The proverb also says ..
"Nadeenam Sagaro Gathihi.." 
( The destiny of all rivers is the mighty ocean.). 
So also all our efforts.

For the welfare and well-being of all LIC Pensioners each of us strived in our own way.  
Organisations necessarily function within their frame work and limitations. 
Though it was said all roads lead to Rome a journey in a wrong 
direction may land one in an altogether new destination. 

It was Adi Sankaracharya that great Advaitha Philosopher from Kaladi 
who unified otherwise diverse country of India that is Bharath with his philosophy. 
In one of his memorable works he says 
" YAAVATH VITHTHOPARJANA SAKTHIHI THAAVATH NIJA PARIVARO RAKTHAHA ..." 
( That is the householder is respected as long as he has the capacity to earn..) 
PENSION ENSURED THAT OUR EARNING CAPACITY STAYED AND 
WE CONTINUE TO BE RESPECTED AS INDIVIDUALS. 
It is our duty to ourselves and our family to 
seek and bring improvements in our 
pensionary benefits. 

Towards that objective LICPC proved to be a good weapon for the 
continuing struggle. Which other publication or journal took a 
non-partisan position and gave space to diverse opinions from 
individuals and organisations wedded to different streams of 
political/economic thoughts? If LICPC was partisan, it was towards 
Pensioners' welfare only.

It is in human nature to doubt and suspect the good 
work of individuals. The fault lies with the position from 
which they are viewing the work.
B. Ganga Raju Hyderabad 22.10.2014

Editorial cartoon appreciated

Tuesday, October 21, 2014

Your insurance payout will now come after a tax cut!


Chennai, Oct 19, 2014, (IANS):

In a quiet move, the impact of which is being felt only now,  the statute books have been amended to deduct tax at source on some insurance payouts, which could particularly affect people above45 and those with single-premium policies.

This, by way of a new section -- 194DA -- in the Income Tax Act, 1961, that took effect Oct 1, and surprised many policy-holders who got to know of it after they received a communique from their insurance companies.   

Many more are still unaware.
"Section 194D envisages deduction of tax at source on the life insurance policy payouts which are not exempt under Section 10(10D)," Vibha Padalkar, executive director and chief financial officer of HDFC Standard Life  Insurance, told IANS.

Under this section, life insurance companies have to deduct a two-percent tax at source on aggregate payouts exceeding Rs.100,000 during a financial year under life policies. In case where PAN card details are not   available, the deduction shall be 20 percent.

For the record, Section 10(10D) of the Income Tax Act exempts any sum received under an insurance policy that is paid from April 1, 2012, if the premium for any of the years during the currency of the policy is within 10  percent of the actual sum assured.

For policies taken between April 1, 2003, to March 31, 2012, the condition was that the premium shall not exceed 20 percent of the actual capital sum assured. The clauses were not applicable if the amount  received  was on account of the death of an insured.

"The actual capital sum assured excludes the value of any premium agreed to be returned, as also benefit by way of bonus or otherwise that is over and above the policy amount," said C.L. Baradhwaj, senior vice   president, Bharti Axa Life Insurance told IANS.


While life insurers try to ensure that the premium amount is compliant with the Income Tax Act at the product-design stage itself, there are some set of policyholders who could be affected by the new provisions,   Baradhwaj said.

"All single-premium policies would be the immediate casualty, as the
When they meet Chairman, one team will
say "SIR", other team: "MY BELOVED SIR!"
premia paid in one instalment would generally exceed 10 percent of the sum assured," he said.

He said it is possible that people could be paying premia higher than the 10-20 percent limit set by the new provisions on account of their personal health, as also many other reasons. In such cases, too, the TDS liability  could arise.

"It is important to note that a person aged, say, 50 years, pays a higher premium for the same sum assured when compared to a person who is 35 years old. Higher the age, higher risk and higher the premium,"   Baradhwaj added.

Industry officials also maintain that life insurance companies have been asked to make a TDS deduction under policies that are deviant of Section 10(10D), since some people were not reporting the same in their tax   returns.

According to Baradhwaj, if the condition of 10-20 percent is not satisfied, all benefits payable -- pertaining to the maturity, survival, or surrender -- under a life insurance policy, excluding the death benefits, shall be liable   for TDS.

"Policy loan is not a benefit. It's a repayable obligation. Hence it is not taxable."
A marketing official of the state-run Life Insurance Corporation of India told IANS that policyholders in rural and small towns would be severely affected by the new provisions, as they might not have PAN cards.

At the same time conflicting views are being expressed on pension polices. According to one view, pension policies are outside the newly introduced section 194DA of the Income Tax Act as they are outside the scope of Section 10(10D).

The argument: Pension policies do not have any death benefit like ULIP Pension Policies, or have only miniscule death benefits like in the current regime pension schemes, so they do not qualify as a pure life insurance   policy.

But a Supreme Court advocate and expert in insurance and company laws, D. Varadarajan, differs, raising a fundamental question: "How do life insurance companies sell pension policies if they are not treated as life  insurance policies?"

"The regulator's licence allows insurance companies to only deal with the life insurance business. Hence it will be incongruous with the Insurance Act to keep pension policies outside the ambit of life insurance policy,"   Varadarajan told IANS.

He said pension policy is also a life insurance policy, as it covers the risk of living longer, as opposed to the conventional life insurance policies which cover the risk of dying early.


Meanwhile, industry officials agree that life insurers have to communicate with their policyholders about the impact  of the new section of the Income Tax Act.

"It's also important to create awareness among the sales force on the need to tell their customers on the need for proper disclosures to the authorities so that insurance firms can avoid unnecessary policy cancellation   requests later," Baradhwaj said.

"Software systems also need upgrade to ensure compliance with the new requirements."
(rb kishore) 

Monday, October 20, 2014

AIRIEF OFFICE BEARERS


President
 S.S. Saxena , Bhopal 
General Sectary
 N. Narayana, Bangaluru 

Vice Presidents
R.B. Kishore , Chennai 
Pulkit Dube, Jabalpur
G.T. Parikh , Ahmedabad
KML Asthana, Jaipur
S.S. Verma, Aligarh
A. Balasubrammania, Bangaluru
Anil Deb, Asansol
Chayan Singh , Jamshedpur

Jt Secretaries
Ram Krishan De - Kolkotta
RC Bhatt - Udaipur 
Pramod Bhatnagar, Bhopal 
BP Buch , Rajkot 
N Rajgopal, Hyderabad 
B. S Verma, Meerut 
KK Panickar TVM
Pawan Kumar Sharma - EZ

Org Sectary 
B. Angurajan - Madurai 
Arunkant Shukla - Raipur 
Treasurer 
G. Krishna Swamy - Bangaluru 
Varistha Vani Editor 
Mrs. G.Subhalaxmi 

Dy GS
DP Gupta - New Delhi
IVAN Rodrigues - Mumbai 

With regards, 

S.S. Saxena 
President 
All India Retired Insurance Employees' Federation
Bhopal (M.P.)

Pensioners hopes rise in crescendo - once again all eyes set at SC‏

Shri R.K.Viswanathan has found and reached to the exact address of SN. He has hit the mark, felt SN's feelings and a pensioner's pulse rightly. The fear, an inherent complex, rightly or wrongly is entertained by many. Shri RKV has come out with a few court judgements of long term value, in essence, feed back/implied direction/request to the petitioners. Yes, there is absolutely no doubt : no leader, worth the name, would compromise the comrades. I recall but bit late that Shri KML Asthanaji or... had said: "Our fight for DR and updation of pension is to all...judgement in rem."

SN ( a 1992 pensioner )

(In Rem - encompasses the world - all the pensioners - past, present, future, and the deceased.)

Union Minister Javadekar leads Bank and LIC delegations to FM





Representatives of bank employees headed by Union minister Prakash Javadekar met Finance Minister Arun Jaitley for early settlement of wage revision negotiations on Saturday.

In the last round of wage revision settlement signed in 2010 for 2007-12, the management had agreed to 17.5 per cent raise in the total salary.
Citing high inflation, they had rejected the management's offer of a 10 per cent rise which was later improved to 11 per cent after two days nationwide strike.
"The finance minister has assured he would look into the matter and do whatever needed. The settlement process would be expedited "Javadekar said.


Javadekar also led a separate delegation of Life Insurance Corporation of India (LIC) employees to the finance minister.
"Just a priliminary talk had happened. No meaningful talks have taken place during last two years on wage revision due in 2012. We requested the FM that the talks should be immediately started and concluded as early as possible so as to give justice to the LIC employees and the officers," Javadekar said.

Excerpts - Business Standard dt.19-10-2014.

An individual Family Pension case - question and answer





Dear Sir,
I am sorry to say that Mr.S G K ( H G A } who was typist at the time of bifurcation of TIRUCHENGODE is no more. He died on 10-10-14. His family pension has to be settled. He was getting Rs.19262 before death.the details are as follows.

Date of retirement; 31-12-2002 Average emoluments(10 months) Rs.18132---3/2002 to
7/2002 at 1997 basic and 8/2002 to 12/2002 at 2002 settlement rates.He was entitled to F P A of Rs.540 from 8/2002 and Rs.360 for 3/02 to 7/02.

His basic pension before commutation was Rs.9066 (18132 divided by 2 ) B P after commutation Rs.6044.
D A on Rs.9066 @).18% was RS.16.3188 x810 slabs =13218 .TOTAL RS.19262.


Sir, I could not arrive at as to how the above Rs.18132 was worked out and 2) I find in the Pension Rules a provision of minimum Pension of Rs.1150 and maximum Pension of Rs.2400 But AS PER
OUR CALCULATION THE FAMILY PENSION COMES TO RS 2720 hence 3) Whether his wife is entitled to Rs.2720 BASIC FAMILY PENSION OR only Rs.2400. I would request you to be kind enough to please enlighten me in all the above 3 aspects and oblige

Thanks and with kind Regards
Yours Sincerely
S.GOPALAN.

Dear Mr Gopalan,
I am very sorry to hear the news of death of Mr S. Gopalakrishnan. Kindly convey my condolences to his family members.

In Rule 2 (o)(iv) of the LIC Pension Rules, the proviso states that "for the purpose of calculating average emoluments, as defined under sub-clause(d) of Rule 2,in respect of employees whose ten months' 
period before retirement falls partly under pre-revised pay scales and partly under the the pay for for the revised pay scales, the pay for the period for which they have drawn pay as per pre-revised pay scales may be updated by including the dearness allowance actually drawn by them or the dearness allowance upto AICPI to which the revised basic pay is pegged,whichever is less".

So in order to verify the correctness his pension fixed from 1/1/2003, I need his Basic Pay particulars from March 2002 to December 2002.

Also, for those retired after 1/8/1997, there is no maximum for family pension.For the spouse of late Gopalakrishnan, the aggregate of basic and additional family pension shall be subject to a minimum of 
Rs 2330/-p.m. 

Amount of Basic family pension will be 15% of of the "pay" and 15% of the allowances which are counted for the contribution of Provident Fund,but not for dearness allowance. On hearing from you,I shall revert to you.
Kind regards.
C H Mahadevan

Sunday, October 19, 2014


Soon after return from Bengaluru, I was pained to learn through LICPC 
that Shri Raj Kumar Singla of 1994 batch of retirees and Shri M.L. 
Delori (of AIIPA) expired.

I pray that the almighty give their souls eternal peace.

The heartless system of management and bureaucracy are no respectors of individual lives. Perhaps these management experts and those who are the cogs and wheels of government machinery feel that they go on living eternally and it is only the less fortunate who have to die.

In their death Shri Delori and Shri Singla placed on the shoulders of those pensioners and leaders of pensioners who are fortunately with us, the burden and responsibility of bringing the issues of DR relief and Updation of Pension to an early conclusion, without resorting to hair splitting arguments. Some say first let us take Teertham (in temple) and then wait patiently for Prasadam. Others say both must be given simultaneously. Some others say whichever is served first one has to accept. By the time the procedure is settled God himself will take care of some more amongst our fraternity. May almighty bestow on all those who matter the vision to realise the urgency of the issues. All said and done our population cannot increase nor remain stationary, with the coming into force of a new pension scheme from 2010.

B. Ganga Raju Hyderabad 19.10.2014

RAJ KUMAR SINGLA

BR Mehta, Panchkula

Reply to SN's mail


This refers to SN’s mail bringing to our attention 
the GOI order in a tribunal case advising the 
department of pension to implement the apex 
court order qua petitioners to pay arrears only 
from 1-1-2006 to the petitioners who had 
approached or filed cases with the Central 
administrative Tribunal. 
In this context the 
writer observed that this is utter disregard to 
other similarly placed pre-2006 affected pensioners 
and violated Article 14 of the constitution. This of 
course is borne out of the fear that a similar 
situation may arise in our case too when the SC 
decides our cases by 12/13 NOVEMBER. 

In this connection I have the following to state to allay any fear : -

1. In SC case No. Appeal(Civil) NO 1289/2007 in Para 25 of the judgment it has been held………that revision of scales of pay as also other allowances are technical in nature. 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.

2. In Delhi HC judgment: WP(C)) 184/2007 it is ruled “ There being complete identity of the issues raised we would further record that concededly the law declared by the Jaipur bench has to be applied in rem subject to the decision of the Rajasthan HC not being interdicted by the SC (Which we hope so) If SLP is dismissed or upon leave to appeal being granted but the civil appeal being dismissed (We pray for it) LIC WOULD GIVE BENEFIT OF THE VIEW TAKEN BY THE RAJASTHAN HC TO ALL THE PENSIONERS and would treat the decision in rem. If the SC were to differ LIC would act accordingly by ignoring the view taken by the Rajasthan HC.

3. In SC order D/4-9-2012 1V CPC (Rank pay case) IA NO 9 in TP(C) NO 56/2007 it was clarified that this order shall govern all similarly situated officers who have not approached the court and also those who have filed Writ petition which are pending before various courts.

4. In K.A. Ansari & others V Indian Airlines on 28-11-2008 the SC held that difficulty in implementation of an order passed by the court however grave its effect may be is no answer for its non-implementation. If the order was not clear it was always open to them to approach the court for clarification of the said order. IA cannot circumvent the order on any ground whatsoever (In our case no question of amending pension rules and Gazette notification)

As only few weeks are left for the final hearing in SC Pensioners become restless which give rise to many doubts in their mind and perhaps this write up could minimize that to some extent and is for legal experts to supplement it if required.

R.K.Viswanathan

Pension related cases pending in various courts for unreasonably long time....

Chronicle cartoon - not related to
post published.





  • Dozens of petitions of pensioners of banks ( RBI, SBI, Canara, BoB, etc.), Life Insurance Corporation of India and Central Government filed in Ahmedabad, Bombay, Chennai, Rajasthan, Delhi, Haryana & Chandigarh etc. High Courts and in the Supreme Court are pending for long and some petitions for more than ten years.

A few months back, the Supreme Court dismissed the Curative petition filed by GOI against the CAT judgement on payment of arrears to the pre- 2006 pensioners from 01--01-2006. But,alas, in a recent development in August 2014 , in its wisdom, the Ministry of Law, GOI has advised the Department of Pension to implement the Apex Court order qua petitioners : to pay arrears from 01-01-2006 only to few petitioners who had approached CAT/filed the cases. The advice of the Ministry of Law, which is in utter disregard to other similarly placed pre 2006 affected pensioners, is illogical and violative of Article 14 of the Constitution of India.

It is rather possible that the Legal Pandits of GOI and LIC had prevailed for depositing in the High Cours, the ' amount due' to qua petitioners. This is blatant adamancy of the Legal Pandits of GOI and LIC to throttle the Constitutional Provisions. All the LIC pensioners should get 100% DR and periodic updating of pension.

The VII th CPC may be requested to reiterate the Vth CPC recommendations as aforesaid and the GOI should in all earnest accept them. It would surely go a long way toward Indian-legal system / jurisprudence and help avoid criminal waste of valuable time of the already overburdened Courts, loss of money and harassment suffered by the pensioners.


SN ( a 1992 pensioner )
( From Sources )

Saturday, October 18, 2014

TR Madhava Rao


Respected President,respected General Secretary, and  all other respected pensioners on the dais,
I am ......from...... .I am a member of Bhajan Mandli -  old , not new
 (ha,ha).
Our respected secretary has submitted a lengthy report and perhaps due to this has taken a long time 
(smiles).

President - please finish in two minutes.
Yes sir .
Mike,mike.

Hello,Hello
As I was trying to tell you 
President - one minute is over.
Please do not restrict me. I am a veteran leader and I know what I am doing.
President - I allow you 5,10 minutes.
Thank you President for 50 (5*10)minutes.
President - no,not 50 minutes.
Alright ,I will try to finish in 15 (5+10+minutes).
Shri. .....is sure we have a right for pension neutralisation (for pre 1997 pensioners).He has appealed to LIC Chairman to grant this - at least something.He will plead for this in Supreme Court 'Civil Appeal'by LIC.
Two voices - good,good,we support you.
If Court grants this  - (and not 'Upgradation' - even a Sr.Lawyer cannot  predict verdicts - a lawyer can present his client's case to Court and not 'just judgement' to his client.Strange are the ways of Court decisions.(Expect the unexpected)) -  LIC's hands will be strengthened.He will contact LIC immediately for implementation-even without 11.25 % and THEN step down finally and happily as he has got something for some pensioners.Let 'upgradation' go to .....
President -Why Shri.... Please windup.
Please ...I am speaking about 'legal matters' of  the report.Two points more unity and donation  
President - no,no please.
I am the opening batsman.You have to give me more time.
President - Umpire can declare opening batsman 'out'.Please go back.
OK.Atleast I will obey the President.Thank you all.
Applause,applause,applause - (not for my speech but for   winding up )

P.S. (for those who see ghosts) Above speech is 100% my own effort.It is not 'ghost' written.

Nawanshahr ADC gets month’s jail for contempt of court

Saurabh Malik
Tribune News Service
Chandigarh, October 17

The Punjab and Haryana High Court has sentenced a Punjab Government official to a month’s simple imprisonment for committing contempt of court by filing false and misleading affidavits in a doctors’ recruitment case. The court also imposed a fine of Rs 1 lakh on the official.

Holding Nawanshahr Additional Deputy Commissioner (ADC) Amarjit Paul guilty of contempt, Justice Mahesh Grover asked him to deposit the fine with the High Court’s Mediation and Conciliation Centre within a week.
Justice Grover initially directed to take the contemner in custody and lodge him in jail to serve his sentence, but later suspended the sentence for two weeks after accepting the ADC’s prayer.
The order came on a petition filed by one Simmi against the state of Punjab and other respondents through advocates DS Patwalia and Salil Sabhlok. She was seeking appointment as a rural medical officer.

Justice Grover said divergent stands surfaced in affidavits filed by the official earlier in the court after which an opportunity was given to him to clarify discrepancies. But the affidavit filed in response “only confounds the situation”, he said.

“Evidently, the officer has shown a complete disregard to the proceedings of the court and is repeatedly filing false affidavits to obstruct the course of justice. On the previous date of hearing, the court had imposed cost upon the official for wasting its time by filing an affidavit which was not in conformity with law,” Justice Grover said.
“This should have been a sufficient warning to the official that he cannot treat the proceedings of the court so lightly, but instead of learning from the previous orders passed by the court, he has chosen to show utter disregard to the process of law,” said Justice Grover.
“The Court thus finds him guilty of contempt. Filing misleading affidavits is obstructionist to the cause of justice besides being contempt in the face of the court.

The court has asked the officer, Amarjit Paul, to explain if he has anything to say in his defence, but he has no substantive explanation to offer. Consequently, the court deems it appropriate to proceed against the official under the provisions of the Contempt of Courts Act. The court pronounces him guilty of contempt of court, said Justice Grover. The case will come up for hearing in January next year.

False affidavits

Paul has been found guilty of contempt for filing false affidavits in a doctors’ recruitment case
Court has imposed a fine of Rs 1 lakh on the official. Case will come up for hearing in January.

(Rk sahni)

Diwali Greetings‏


Friday, October 17, 2014

APPEAL TO ALL PENSIONER BRETHREN


We hope that the booklet, brought out by our Federation under the caption " CHARTER OF DEMANDS ", could be a guiding factor.

Due to advanced age and health conditions, majority of our members in Madurai Unit of AIRIEF could not attend Bengaluru GCM, inspite of being a nearer Venue. However, they are second to none in appreciating and paying tributes to the achievements secured during the tenure of past team of office-bearers. It was possible for the Federation to meet the Chairman, LIC along with his Chieftains in the Conference Hall for the first time at the appointed hour and discuss pending issues upon a chartered agenda. 

We know to what extent our All India Vice-President Sri. R.B.Kishoreji exerted himself in fixing up this historic event. Again he has made history in persuading the Zonal Manager, SZ, to invite all the pensioners during the celebrations of Insurance Week and Elders Day at Chennai. The rapport he has established with HODs of OS, PERSONNEL and other such departments have solved some of the problems of our members instantly. 

Sri.V.C.Jain has contributed his maximum service in assisting Sri Asthana in the court proceedings. Despite draw backs, he used to take trips to Jaipur and Delhi several times. He has been a bridge between M/s Asthana and Kishoreji in respect of court matters. But for the efforts of Sri. Asthana, our legal fight towards the issues of DR anomaly and up-gradation of pension might not have come upto this level. Madurai Unit of AIRIEF has never been an alien to other Organisations. We used to exchange our views with Sri. C.H.Mahadevan and Sri. C.S.Murti and we are very much benefited out of their counsels. Even though we disagreed with the way they wanted to march ahead, we used to give credence to the thought provoking arguments of M/s G.N.Sridharan and M.Sreenivasa Murty. We understand that the GCM had given opportunities to ventilate their strong point of views.That is why we call our Organisation as a democratic one. 
                   "  UNITED WE STAND  - -  DIVIDED WE FALL. "
                                      " LONG LIVE AIRIEF " 
With regards to all concerned,  With heart -felt compliments to PC. 
M.P.Subrahmanian, Chairman, RIEA, Madurai Unit.

Mission for United Strategy for Final Hearing in Supreme Court‏

Dear Editor ,

You have been very prompt to inform all your valuable readers regarding New Teams elected by two important organisations of LIC Pensioners in their conferences concluded yesterday at Kanpur for AIIPA and at Banglore for AIRIEF. Myself and Sh.S.N.Chhabra are in the train right now undertaking our return journey for Panchkula after attending 9th AIRIEF GC.
Yesterday while as per one item of agenda review of Chandigarh High Court case was to be placed before GC my request to President that since Sh. Sreenivasa Murty was very actively assisting our case and he was also part of our GC as a guest of Host Banglore Team and such review can be better done by him was accepted and as such Sh. Murty enlightened the GC regarding our preparation and strategy for final hearing in Supreme court on 12th November 2014.
Sir since our winning this case in Supreme court is very crucial for whole LIC PENSIONERS community and a common strategy to face and fight by all three stake holders is a need of the hour and your role as a catalyst can help a lot.
I may add here that new President AIRIEF Sh.S S Saxena from Bhopal is himself a law graduate and has very rich experience of working as Sr DM  In charge as well as RM (Legal).
He is very competent and as such AIRIEF is now in very safe hands and he is now a symbol of Hope and Victory.
I am sure that your job of putting all three stake holders together for chalking out a common strategy for ensuring a sure success has become easier now and as such you must already working on your Mission. With best wishes for a very happy Diwali to all your valuable readers, 

BRMehta
Panchkula
Camp Secundrabad Railway station
17.10.2014

Thursday, October 16, 2014

Obituary

SH. ML DELORI, AN ACTIVE & VERY YOUNG MEMBER OF PENSIONERS ASSOCIATION (aiipa),
JALLANDHAR, PUNJAB, WHO HAD GONE TO KANPUR TO ATTEND THE 6TH GC OF AIIPA (14-16TH OCT,2014) DIED OF A MASSIVE HEAR ATTACK  WHILE IN THE BATH ROOM IN THE MORNING AT KANPUR.
MAY GOD GRANT PEACE TO THE DEPARTED SOUL AND STRENGTH TO THE BEREAVED FAMILY AND FRIENDS TO BEAR THIS UNTIMELY BLOW OF DESTINY. (HK AGGARWAL)

New teams of office bearers for AIIPA and AIRIEF

Let lawyers meet at Delhi

I feel that the unity move has not failed. For reasons beyond their control Sridharan and Asthana could not be in Bangalore on the scheduled date. 

I was hoping that you and Murty would be in Bangalore and avail the opportunity of the AIRIEF conference and initiate talks for unity with Asthana and Chandigarh leaders, come to some definitive initiative and then apprise Sridharan, who was the first to inform of his inability to be in Bangalore on that day and fix another convenient date when Sridharn could give his considered response to the initiative. 

I hoped with this unnecessary misunderstanding between Chandigarh and Jaipur would
clear and pave way for a purposeful unity. Please do not stop your efforts to bring all the stake holders on one platform to forge an united front in Supreme Court.

Advocates meet is a good idea indeed but it is again the clients of the advocates to take the first step and initiate the move and for that too there must be understanding among all the stake holders. It is again for this purpose you must contact all the concerned. 


It is very much likely that LIC plead non-affordability and this lie has to be effectively nailed.
Advocates having handled our case can well anticipate queries from the court and be prepared.
In any case brainstorming is inescapable and a meeting of advocates is the best if it can be organised is a must. It is towards this that I beseech you to endeavour.

T SAMPATH IYENGAR
BANGALORE

May we win our cases, win convincingly. May God be with us.‏


The thought provoking articles by S/ Shri B.Ganga Rajau and M.Sreenivasa Murty posted in PC on 12 and 13 October 2014 were explicit- stated clearly and in detail leaving no room for confusion or doubt. The underlying ideas in those articles were dynamic - spirited, assertive, forceful to stimulate action. Soon the Editor convened a meeting of pensioners organisations at Bangalore on one of three days on 14 to 16 October 2014. The scheduled meeting could not take place. Pre- occupation of Shri GNS for Kolkata meet was one of the reasons. However, the underlying MESSAGE that was to be crystallised at the proposed meeting has been already made public/conveyed  in abundance through the pages of LICPC during last few months. The Message, therefore, must have been by this time imprinted on the mind and psyche of all the leaders. Shri GNS, for instance, has admitted at Kolkata that he is for removal of DR anomaly to pre August 1997 retirees ; he has assured he is going to support the updation of pension. Members in attendance want Rajasthan High Court judgement of 12-01-2010 implemented in toto. All this is nothing short of a grateful acknowledgement to the initiative and steps taken by the Editor, LIC PC . The Editor's mission to hold a meeting at Bangalore hasn't failed. There wasn't ' circumstantial luck' to meet.
        There is a phrase " Modus Vivendi " : an accommodation of sorts among warring/ disputing 
        parties to co- exist ; an informal and temporary arrangement in politics. The arrangement is for  
        the good of all the parties all the persons concerned. The arrangement may be continued/put on 
        permanent footing.
        There  is a sort of Pavitra Sangam of our leaders at the Supreme Court on 12-11-2014. The 
        leaders along with their counsellors/ advocates shall definitely rise to the occasion to act in 
        unison and speak with one voice, ' his or her  self esteem not withstanding ' in order to secure 
        judgement of the Apex Court in all the tagged cases in favour of the pensioners without any 
        further loss of time. 
        May we win our cases, win convincingly. May God be with us.
        SN ( a 1992 pensioner )

Let the lawyers meet

Dear Editor, 

At the out set bouquets to you for your sincere effort to bring 
unity among differing groups which unfortunately could not fructify 
for several reasons some being genuine.

Regards
R.K.Viswanathan

Let the Lawyers meet

However much efforts are made and spearheaded by PC  for a united approach to face the bench on 12 NOV  the result seems to be disappointing. Now what is to be thought and perhaps possible too is for the counsels of different petitioners to have a consensus through their meeting and interaction with each other as to the legal points that are likely to be raised in the appellant’s argument and if so how to counter them and for that sufficient homework need to be done and here lies the value of consensus among the lawyers  who have earlier appeared for the petitioners in different courts. No doubt they need no tutoring but sensible inputs from the onlookers would add spice to their arguments. However their professional jealousy or ego should not interfere as theirs is a common mission  to win the legal battle with no more adjournments. Hope  too many cooks will not spoil the broth. Any useful inputs and notes could be conveyed with lightning speed and with clarity in this electronic age where much of the work is churned out through Video conferencing and this could be made to the best use for the stream of lawyers who will be appearing for us on 12 NOV. Here again who will bell the proverbial cat ?!!

R.K.Viswanathan

Asthana thanks

THANK YOU VERY MUCH FOR TAKING CARE OF ME.

I PRAY TO THE ALMIGHTY TO BLESS ALL THE PENSIONERS
A VERY VERY HAPPY AND PROSPEROUS DIWAILI AND THE
DAYS TO FOLLOW. 

MAY GOD BLESS US WITH THE DESIRED VICTORY IN OUR 
CASE ON 12TH.


KML ASTHANA

Wednesday, October 15, 2014

GN Sridharan visits Kolkata


Sri GN Sridharan and Sri M Arunachalam,
VP of Chennai unit of our Federation 
addressed the gathering of our regular 
Wednesday meet today in the conference 
hall of  Jeevan Prakash bldg. in the afternoon. 
53 members were present. 

GNS in his speech defended his stand of DR anomaly removal for the pre-Aug'97 retirees as priority but assured support for upgradation of pension during arguments at SC. We stuck to our commitment to Raj HC  verdict of 12/01/2010. 

Regards, General Secretary, LIC Retired CLASS-I Officers' Association, Kolkata

Soothing news Asthana out of anxiety, says MPS

I am shocked to know the sudden draw back of Sri Asthanaji's health while travelling. We know that he is already under mental stress. Thank God, it is a soothing news that he is out of any anxiety after proper medical care at Ratlam and Jaipur. The All Pervading Power would certainly pay heed to the prayers of the entire pensioners community for his enduring perfect health. 
With regards, M.P.Subrahmanian, RIEA, Madurai. 

SHRI ASTHANA INDISPOSED

Dear Friends,

SH JM SETH FROM DELHI JUST INFORMED ME THAT 
Sh KML ASTHANA HAD SOME HEART PROBLEM DURING 
HIS RAIL JOURNEY TO BANGALORE. 

AS PER DOCTORS ADVICE HE WAS MADE TO DROP AT 
RATLAM AND ADVISED IMMEDIATE HOSPITALISATION 
AND TREATMENT. 

SH BADHAWAT WAS WITH HIM.  AFTER EMERGENCY 
TREATMENT AND ADVICE OF DOCTORS HE HAS BEEN 
BROUGHT BACK TO JAIPUR.

I IMMEDIATELY CONTACTED HIM AND  WITH GOD'S GRACE 
HE IS NOW OUT OF DANGER AND TAKING REST.

I CAN UNDERSTAND THE ANXIETY OF ALL PENSIONERS. 
LET'S PRAY FOR HIS GOOD HEALTH AND PLEASE LET 
THERE BE NO DISTURBANCE TO HIM FOR FEW DAYS

WITH REGARDS
H K AGGARWAL