Now, I Come To The Point Of Explaining-
As To How This “Inclusive Definition” Of “The State” In Article 12 Of The Constitution Of India, “Applies To Rule 56 Of LIC Employees’ Pension Rules, 1995”.
Before Coming To This Part Of The Matter, I Would Like To Reproduce The Text Of Rule 56 Of LIC Employees’ Pension Rules, 1995 And It Reads As Under:
Please click below.
Rule
56:Residuary Provisions:
1.“Matters Relating To
Pension”
2.“And Other
Benefits”
3.“In Respect Of Which No Express
Provision Has Been Made
In These Rules”--
“Shall Be Governed By
The Corresponding Provisions”—
“Contained In The Central Civil
Services(Pension) Rules,1972”,”The Central Civil Services(Commutation Of Pension) Rules,1981” “Applicable For Central
Government Employees”.
And Now, By
Virtue Of This
Rule 56 Of
LIC Employees’ Pension Rules, 1995, “A Clear Nexus Between Central Civil
Services (Pension)Rules, 1972
And LIC Employees’ Pension Rules, 1995 On The One
Hand” “And Between Central Civil Services (Commutation Of
Pension)Rules, 1981 And LIC
Employees’ Pension Rules,
1995” On
The Other Hand
Is Established”.
And Now, What Is The
Result Of “This
Establishment Of The Nexus Between
Central Civil Services
(Pension ) Rules, 1972” “And LIC
Employees’ Pension Rules, 1995” “On
The One Hand” “And The Central Civil
Services(Commutation Of Pension)Rules, 1981” “And LIC Employees’ Pension
Rules, 1995 On The Other
Hand?
The
Result Is—
In Course Of Time ,”If The Central
Government”, “Provides For Any
Extra Benefits”, “To Its
Pensioners”, “Other Than
The Existing Benefits” ,”In The Form of
Pensionary Benefits”, “By Amending
The Existing Pension
Rules As Contained In The Central Civil
Services(Pension)Rules, 1972 Or Central
Civil Services (Commutation Of
Pension) Rules, 1981”, “Pensioners
Of LIC” Are “Also
Entitled To Those Additional
Benefits”, “Which Are Applicable
To The Central
Government Pensioners”, Under
The Head—
“AND OTHER BENEFITS”,
As
Contained In Rule
56 Of LIC
Employees’ Pension Rules, 1995.
These
Words, “AND OTHER
BENEFITS” As Contained In
Rule 56 Of LIC
Employees’ Pension Rules, 1995 Are
Not To Be
Found In Reserve
Bank Employees’ Pension Regulations, 1990 Or In Bank
Employees’ Pension Regulations,
1995.In Fact, I Can
Say, Even Without
A Moment’s Hesitation
That These Words, “And Other Benefits”
As Contained In
Rule 56 Of
LIC Employees’ Pension
Rules, 1995 Are Some
Sort Of “Advance Reservation Of
Pensionary Benefits” For LIC
Pensioners. I Am Saying
This, Because, Rule 56
Of LIC Employees’
Pension Rules, 1995 Visualises
A Situation Which
Is Not In
Existence At This
Point Of Time. These
Words—
“And Other Benefits”
Takes
Care Of Even Future
Benefits In The Form
Of Pensionary Benefits
To The Central
Government Pensioners And “This Is
An Extra-Ordinary Provision” “Which Is
Not To Be
Found Either IN Reserve
Bank Employees’ Pension Regulations, 1990” “Or Bank Employees’ Pension Regulations, 1995”, “Even Though
Regulation 56 Of Bank Employees’ Pension
Regulations, 1995 Is Also
A Residuary Provision”.
The
Importance Of These
Words—
“And Other
Benefits”,
Holds Out A Solemn Promise
To LIC
Pensioners, That “The Moment
Any New Benefit”
“In The Form
Of A Pensionary
Provision Is Made
Available To The Central Government
Pensioners”, “LIC Pensioners Are
Automatically Entitled To
That Benefit”, And
There Is No
Scope Absolutely “For
Tongue-Twisting” “And Misinterpretations And Misrepresentations At All”. Considered Thus, I
Can Go Ahead
And Say Confidently That Perhaps,
Central Government Pensioners
May Not Be Sure
About What They May
Get In Future,”In
The Form Of Pensionary Benefits, But, “LIC
Pensioners Are Sure
To Get “ “Whatever Fresh
And New Pensionary Benefits” “That The Central
Government Pensioners May Get”.
Therefore, In
View Of “Such
Hefty Protection” “That LIC
Pensioners Have” ,”In The Form Of Rule 56 Of LIC Of
India Employees’ Pension Rules,
1995”,”Coupled With A Hefty
Increase In The
Pensions Of The Central Government Pensioners”, “Consequent Upon Implementation
Of The VII Th Pay Commission
Recommendations To Them”, “In View Of The
Nexus That LIC Of
India Employees’ Pension
Rules, 1995 Have With
The Central Civil
Services Pension Rules, 1972”, “On The One
Hand” “And The Central
Civil Services(Commutation Of Pension) Rules, 1981 And
LIC Employees’ Pension
Rules,1995 On The Other Hand”, “Whatever
Applies To The Central Government Pensioners Equally Applies
To The Pensioners Of LIC Of
India. Rule 56 Of
LIC Of India Employees’ Pension
Rules, 1995 “, “Acts As A Protective Umbrella And
Shield”, “To The Pensioners Of
LIC Of India”, “With Full
Force And Vigour And On All
Fours”, Since There
Is “No Express
Provision” In The
LIC Of India Employees’ Pension
Rules, 1995”, “For Updation Of
Pension For LIC
Pensioners”.
“SOME TIMES”, “WHAT IS
UNSAID” “IS MORE
AND MOST IMPORTANT” “THAN WHAT
IS SAID.”
In
View Of The “Legal
Position”, As Existing And
Subsisting In Respect Of
Updation Of Pension
For The Pensioners Of LIC Of
India, “As LIC Of India
Employees’ Pension Rules, 1995, Are
Statutory Rules”, “As LIC Of
India Employees’ Pension Rules
1995 Had Been Framed / Made By The Central Government”, “In Exercise Of The Powers
Conferred By Section 48 Of The Life Insurance Corporation Act,
1956”,And “In View Of The
Constitutional Position Under
Articles 14 And
21 Of The
Constitution Of India”, “In Respect
Of Pension Related Matters”, And
Also Abundant Case –Law
Of Hon’ble The
Supreme Court Of India” , “In Pension
Updation Related Matters”, I Think
That A FAVOURABLE JUDGEMENT
OF HON’BLE THE
SUPREME COURT OF INDIA, In The
Matter Of Updation
Of Pensions Of LIC Pensioners, “IS A Foregone Conclusion” And
“Hearing And Pronouncement Of Judgement In LIC Pensioners’ Matters BY Hon’ble
The Suprme Court Of
India, Which Principally
Pray For Updation Of Pensions
Are A Mere
Formality”.
Apart From
That—
“A Clear
Indication Of The
Direction Of The
Content Of The
Judgement Of Hon’ble
The Supreme Court
Of India In
Respect Of Pension Updation
Related Matters Of LIC Pensioners
Can Be Easily
Made Out, Going By The
Judgement Of The
Same Hon’ble Judges
OF Hon’ble The
Supreme Court Of
India, “Very Recently”, “In
Respect Of A Pension Related
Matter”, “In Some
Other Case” .This Is Particularly
So, Because, Reliance Was
Placed By The
Same Hon’ble Judges
Of Hon’ble The
Supreme Court Of India, “Who Heard
That Matter”,“On Nakara’s Case”,
“Which Has Universal Application In
Pension Related Matters”. That Is
Also Equally Important; Because, “IF HEARINGS
ARE HELD IN
THE COURSE OF INCLEMENT JUDICIAL
WEATHER”, “WE HAVE TO
KEEP OUR HEARTS
IN OUR HANDS
EVERY MOMENT”, “AS THIS
IS A MATTER
OF LIFE TIME IMPORTANCE, FOR THE
PENSIONERS OF LIC OF
INDIA”
The
Fact That The
Same Hon’ble 2
Judge Bench Of
Hon’ble The Supreme
Court Of India
Had Delivered A
Judgement In Favour
Of Pensioners In
Some Other Pension
Related Matter, “VERY RECENTLY” “Holds
Out A Good
Promise To The LIC
Pensioners” “And Perhaps, Celebrations
Of Victory Only Remains
For The LIC
Pensioners”.
Now, I
Would Like To
Explain Here As
To What Has
To Be And Must
Be Done By
The LIC Of
India, To / For Its Pensioners,
Upon Their Getting
A Favorable Judgement From Hon’ble The
Supreme Court Of
India, By Reproducing An
Extract From The
Judgement Of Hon’ble
The Supreme Court Of
India In Nakara’s
Case, From Para
46 Thereof And
It Reads As
Under:
“Recall At This
Stage The Method
Adopted When Pay
Scales Are Revised .Revised Pay
Scales Are Introduced
From A Certain
Date. All Existing Employees
Are Brought On To
The Revised Pay
Scales By Adopting
A Theory Of Fitments And
Increments “For Past
Service”. In Other Words, “Benefit Of
Revised Scales Is Not Limited
To Those Who
Enter Service Subsequent
To The Date Fixed
For Introducing Revised Scales”. But, The
Benefit Is Extended
To All Those, In
Service, ”Prior To That Date”.”This Is
Just And Fair” .Now,
If Pension, As
We View It
Is, “Some Kind
Of Retirement Wages” “For
Past Service”, “Can It
Be Denied To Those, Who
Retired Earlier”, “Revised Retirement
Benefits Being Available
To Future Retirees
Only?” Therefore, There Is
No Substance In
The Contention, That The
Court, By Its
Approach, Would Be Making
The Scheme Retroactive ,Because, It Is
Implicit In Theory
Of Wages.”
Now,
What Is The
Message THAT This
Extract From The
Judgement Of Hon’ble
The Supreme Court
Of India In Nakara’s Case Conveys?
The
Message Is Loud And
Clear. As I Understand
It, Wage Revision For
The Employees Of LIC
Of India Is
“In Advanced Stages”,
And If It
Is So And Correct, What Has To
Be Done By LIC Of
India, Upon Its Pensioners’
Getting A Favorable
Judgement In Respect Of
Their Pension Updation
Cases, From Hon’ble
The Supreme Court
Of India? Taking Into
Account Of What
Hon’ble The Supreme
Court Of India
Said In Nakara’s
Case, First, LIC Of India
Upon Fixation / Fitment Of
Revised Pay Scales
For Its Serving Employees, Retired LIC
Employees Should Be Brought On “To The
Corresponding Stage And
Cadre” “Of The Serving
Employees”, “And Their Pension
Should Be Fixed
/ Refixed”, “Taking Them And
Treating Them”, “As
If They Have Just
Retired From The
LIC Of India”, “Upon
Introduction Of The
Revised Pay Scales
For The Serving Employees Thereof” .This
Is Just And
Fair. Thereafter, “It” / “This”( “IT” / “THIS”, Here Means, The
Act Of Bringing
Of Retired LIC Employees On
To The Corresponding Stages /
Cadres Of The Serving
Employees) Should Not Remain
“As A One Time
Affair / Temporary Affair”, “And
LIC Pensioners Should
Not Be Forced
To Approach The Writ
Courts”, “Every Time” / “Whenever Fresh
And Revised Pay
Scales Are Introduced
For The Serving
Employees Of LIC
Of India”, “And This
Matter Of Updation
Of Pension For
The Pensioners Of LIC
Of India, “Should Become”,
“A Way Of
Life”, “A Habit”, “A Practice” “A Tradition”, And “A
Regular And Permanent Feature” “For
All Times To
Come”.
“WITH GOOD WISHES“ “AND
ADVANCE CONGRATULATIONS” “TO
THE PENSIONERS OF LIC
OF INDIA”, “FOR
GETTING UPDATED PENSIONS”, “AT ANY
TIME FROM NOW”.
CONCLUDED.