* CHRONICLE - PENSIONERS CONVERGE HERE, DISCUSS ISSUES OF THEIR CHOICE * CHRONICLE - WHERE EVEN THE CHAT COLUMN PRODUCES GREAT DISCUSSIONS * CHRONICLE - WHERE THE MUSIC IS RISING IN CRESCENDO !

               
                                   

Friday, November 21, 2014

       PENDING PENSION CASES AND OUR LEGAL SYSTEM


YESTERDAY I CAME TO KNOW FROM THE NOTE OF MR. C. H. MAHADEVAN THAT TWO PENSIONERS FROM BENGALURU WHO WERE IN THEIR EIGHTIES LEFT THIS WORLD WITHOUT GETTING THEIR LEGITIMATE INCREASED PENSIONARY BENEFITS.   AGAIN TODAY I LEARN THAT ANOTHER  PENSIONER MR. G.D. KOHLI FROM PATIALA HAS GONE IN THE SAME WAY.
  • WHOME SHOULD WE BLAME:
  • THE L.I.C. WHO DECIDED IN THEIR OWN BOARD MEETING BY A  RESOLUTION ON 24.11.2001 TO GIVE WEIGHTAGE OF 11.25% IN THE BASIC PENSION AND ALLOW FULL NEUTRALISATION OF DEARNESS RELIEF AND THEN WITHOLD THEIR OWN DECISION FOR IMPLEMENTATION.
  • OR THE GOVERNMENT OF INDIA IS TO BE BLAMED FOR SITTING ON THIS BOARD RESOLUTION AND NOT GIVING CLEARANCE AND ALLOW THE POOR OLD PENSIONERS TO SUFFER.
  • OR THE LEGAL SYSTEM WHICH HAS TAKEN SUCH A LONG TIME TO COME OUT WITH  CLEAR DECISION AND DIRECTIONS TO  LIC/GOI TO IMPLEMENT THE DECISION AND GIVE THE PENSIONARY BENEFITS TO THE VERY SENIOR CITIZENS OF THE COUNTRY.

IT IS SAID THAT IF A PERSON FILES A CIVIL SUIT IN A COURT, THE BENEFITS OF HIS SUIT WILL BE TAKEN BY HIS GRAND CHILDREN. THE LEGAL SYSTEM IS SUCH THAT YOU CAN TAKE AS MANY ADJOURNMENTS AS YOU PLEASE AND PROLONG THE CASE FOR YEARS AND THE COURTS WILL ALSO TAKE THEIR OWN TIME.

MR. K.M.L. ASTHANA HAD FILED HIS PETITION FOR FULL NEUTRALISATION OF DEARNESS RELIEF IN 1998. AGAIN HE FILED ANOTHER PETITION FOR REVISION OF BASIC PENSION WITH EVERY INCREASE IN WAGES TO IN-SERVICE EMPLOYEES  IN 2007. THE JAIPUR BENCH OF RAJASTHAN HIGH COURT (SINGLE JUDGE) GAVE ITS HISTORIC JUDGMENT ON 12.01.2010.

THE APPEALS OF L.I.C. AGAINST THE JUDGMENT WERE DISMISSED BY THE HIGH COURTS  AT ALL STAGES. AGAIN THE PUNJAB AND HARYANA HIGH COURT AND DELHI HIGH COURT ALSO GAVE SIMILAR JUDGMENTS LONG BACK. BUT L.I.C. HAS NOT HONOURED THE JUDGMENTS AND PREFERRED TO GO TO THE SUPREME COURT IN APPEAL.

NOW THE CASE IS PENDING BEFORE THE SUPREME COURT SINCE 2011. MORE THAN THREE YEARS HAVE PASSED  BUT NOTHING HAS HAPPENED. THE POOR AGED PENSIONERS ARE RUNNING FROM JAIPUR TO NEW DELHI, FROM BENGALURU  TO NEW DELHI, FROM CHENNAI TO NEW DELHI AND FROM CHANDIGARH TO NEW DELHI.  HOW LONG THIS WILL CONTINUE?

LET US WAIT FOR OUR TURN TO COME IN THE SUPREME COURT  AND WISH A FAVOURABLE DECISION COMES. BUT WHO KNOWS – THE L.I.C. MAY LIKE TO GO FOR REVIEW OR ANOTHER APPEAL TO  A HIGHER BENCH.

LET US WISH THE ALMIGHTY BESTOWS BETTER SENSE TO THOSE WHO ARE WITHHOLDING THE   BENEFITS TO THE PENSIONERS AND THEIR CASES AT ANY LEVEL.

IS IT THAT THE FINAL DECISION WILL HELP ONLY THE OLD PENSIONERS. NO—THE BENEFIT WILL GO TO THE NEXT GENERATION OF PENSIONERS ALSO. IT WILL GO EVEN TO THOSE WHO ARE  WITHHOLDING OUR CASES TODAY BEING OCCUPANTS OF HIGH POSTS. THEY FORGET THAT ONE DAY THEY HAVE ALSO TO RETIRE AND MAY FACE THE SAME FATE.

OUR  NEW PRIME MINISTER HAS BEEN ADVOCATING FOR IMPROVEMENT OF OUR SYSTEMS. LET US THINK OF WRITING TO HIM.  LET THE ASSOCIATIONS THINK OF WRITING LETTERS TO THE PRIME MINISTER DRAWING HIS ATTENTION TO THE FATE OF L.I.C. PENSIONERS AND REQUEST HIM TO INTERVENE.