DK /74 LANDMARK SC JUDGEMENT

FEDERATION OF RETIRED LIC CLASS I OFFICERS' ASSOCIATIONS     

President :    N.P. Bali 705, Sur, Veena Saaz, Thakur Complex, Kandivali (East), Mumbai - 400 101 Mob : 9820324213 Email Id - npbali@hotmail.com

General Secretary :    D Krishnan No.6/1, Sreshta Riverside Apartments, Wood Creek Road, Nandambakkam, Chennai - 600089 Tel : 9176635967 / 044 42850049. Email Id - dkrishnan1@gmail.com

Ecircular No.DK/74                                                       21-07-2019

Friends,

Reg: Landmark SC Judgment on Manipur State Pensioners Appeal 

There has been a very significant judgment delivered by the SC in the Appeal filed by the State Pensioners of Manipur.  This judgment is very categorical that you cannot divide a common group of Pensioners, for differential treatment, in benefits, based on a cut- off date. Here is a brief run down on the matters leading to this Landmark judgment:

1. State Manipur framed Pension Rules for its Employees adopting Central Civil Services (Pension) Rules 1972.

2. Due to Financial hardship, the Manipur Govt. by its Order dt. 21-04-19 increased Pension for pensioners retired from 1-1-1996 onwards leaving out pre 1-1-1996 pensions unrevised.

3. Aggrieved State Pensioners filed a writ, which came up before the single judge Bench of Manipur HC, which passed an Order that the said act of discrimination, based on Date of Retirement, is violative of Art 14, and ordered Revision for pre-1-1-1996 pensioners as well.

4. Govt. challenged the Single Bench Order in the Division Bench of Manipur HC. The Division Bench quashed the Single judge order, in appreciation of the financial constraints of the Govt. as valid ground.

5. Aggrieved State Pensioners filed Appeal no. 10857 of 2016 in the SC. The SC quashed the Division Bench Order, upholding the Single judge Bench ruling, and ordered Revision of Pension of pre 1-1-1996 pensioners, within 3 months from the date of judgment. 

This judgment, coming as it does around the time our SLP is in Court, bodes well for our prospects, although, strictly, there cannot be any such assurance.

Yesterday, a letter was received by me, from the Under Secretary, Department of Financial Services, Delhi, saying, as per existing Pension Rules 1995, there is no scope for increasing Pension or Family Pension or even the 5 yearly increases sought for retirees in the 80 plus age category. They have added that the matter is sub-judice. The letter touches on the DHC judgment as well, where our plea for up-gradation was not accepted. There is no clear conclusive statement except leaving us to interpret it as a denial of our Demands for the present.

We need not get alarmed at this, as it was a one-off attempt made direct with the PM/Ministry to see if they will get moved. They will have their constraints, as any such processing for change; will necessarily need to happen through the system meant for it. Add to this is the fact that we are in Court on this very matter. So we can look at it as a Routine Reply to close it for now in terms of correspondence/enquiries.

In this context our Case in the SC does assume significance. Some Computer generated Dates are in the air indicating 6th of Aug for next Hearing. But as far as we reckon, there will be no Hearing on the 6th. But we will have to keep a close watch on formation of our Bench, and the Date for Hearing. We shall let you know as it gets clear. 

The other thing I wanted to share officially is that our General Council Meeting of the Federation is scheduled for Sunday, the 8th of Dec 2019 at Kolkata. Official Notice will be issued in good time before the Meeting date, as is required by rules. Kolkata Association will be issuing a circular letter, later on, reg place of stay, Meeting etc. Each Association can send delegates working out 1 for every 50 members on the Books. This of course is the maximum, and for those attending, a Delegate fee of 1500/- per member has to be paid to the Federation. Associations will also ensure that the Membership Subscription owed to the Federation are sent to Sri R M Dalal our Treasurer in Mumbai, if they have not been sent already. Booking of journey Tickets to Kolkata, can be done well in advance, since there is sufficient notice.

A meeting with the Chairman of LIC is fixed for the 24th of July 2019, where, as part of a joint front delegation, our President Sri N P Bali and I would also be there. We have made out an Agenda and sent copy to them in advance. We shall report to you on this after we have returned.

So, Good-bye until next time....

D.Krishnan

General Secretary