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This is just to keep you updated on.......E circular EK/3 dated 21.12.2019


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.
E circular DK/3 – 2019-21                                          21-12-2019
Friends,  
Reg:     i. Letter to Chairman,     ii. Change in Bye-laws,
iii. NABARD -- HC judgment on their Pension Revision

This is just to keep you updated  on some recent activities of the Federation. Just after return from the General Council Meeting at Kolkata, we thought, as a pre-cursor to the Court Case in the SC,  coming up on the 5th of February 2020, we should once again make an official representation to the Chairman LIC on some of the unresolved aspects of the earlier DHC Order, where they had submitted to the SC a compliance Report on the DHC order, claiming to have done a complete job as ordered by the SC. We too had submitted our Counter to this  in the SC , making out that the implementation was extremely faulty. Now, if the new Bench were to begin on that note, we wanted that our point about LIC not having done a job of it, and our having repeatedly taken it up with the LIC, to no effect, should be on record. The Letter to the  Chairman is attached as enclosure.
Following up on the discussions in the General Council Meeting on the 8th of Dec. 2019, we have sought an appointment with the ED E&OS in the middle of Jan 2020, to discuss issues relating to Mediclaim experience of our members. We have even suggested that the Representatives of the Insurer too could be asked to be present during the discussions. We may even have some other Association members joining us to strengthen our side in the Discussions.
Again, following the Resolutions passed in the General Council Meeting at Kolkata, which also approved consequent changes to the Bye-Laws, the changes effected to the Bye-Laws are indicated in the chart below:
AMENDMENT TO BYELAWS  OF THE FEDERATION OF RETIRED  LIC CLASS  I  OFFICERS’  ASSOCIATIONS
AT THE GENERAL CONFERENCE ON 8-12-2019 AT KOLKATA
BYELAW NO
EXISTING
AMENDED
8. ORGANISATION
b. EXECUTIVE  COMMITTEE
PRESIDENT:                    1
VICE-PRESIDENTS:        3
GENERAL SECY. ;           1
JOINT SECRETARIES:    5
TREASURER       :            1
MEMBERS    OF EXECUTIVE COMMITTEE:  one member from each affiliated unit, subject to a maximum of 15 provided the concerned units are represented at the general council
PATRON:                                  1
PRESIDENT:                           1
VICE-PRESIDENTS:                3
COORDINATORS (VPs):         3
(LEGAL, EXPANSION    & LIAISON)  only till such   time these areas  of  activity   needed   such   thrust:                  
GENERAL SECY. :                  1
JOINT SECRETARIES:           8
TREASURER       :                  1
MEMBERS OF EXECUTIVE COMMITTEE:  maximum of 17
Allahabad High Court Judgment of 13/11/2019 in NABARD Retd Officers Welfare Association’s Case
Meanwhile there has been an Allahabad HC judgement on the Case raised by the NABARD employees. NABARD as you may know is a subsidiary of the RBI and they went to Court asking for Pension Revision on the lines given to the RBI employees. I quote below what Sri M P  Agnihotri of AIRIEF has to Report on this:
NABARD Retd.  Officers Association had filed case no. 301 of 2002 in Lucknow Bench of Allahabad High Court on the issues of Family Pension and Updation of Pension. The case was pending for a long period and in the meantime, the issue of Family Pension was resolved on the lines of RBI pensioners in Dec 2014.
          However, the second issue remained unresolved and when pension updation was allowed to RBI pensioners in March 2019, NABARD Retd. Officers Association pleaded for allowing pension updation to them on the lines of RBI. UOI opposed the demand pleading that the employees of NABARD are in fact to be treated as per the pattern of pension scheme recommended by the Indian Banks Association and not otherwise.  Considering the arguments of the petitioners advocate and keeping in view the powers given to the Board in the ‘National Bank for Agricultural and Rural Development Pension Regulations,1993’ and its proposal regarding pension updation, the Court has referred the matter to the Central Government for considering prior permission to the NABARD Board for notifying their proposal on pension updation. It is also stated in the judgment that with the consent of parties, the writ petition is finally disposed of with a direction to the Central Government for taking into consideration all the relevant aspects of the matter in relation to updation of pension and pass necessary order expeditiously and preferably within a period of four months from the date a certified copy of this order.
This judgment may be considered as a positive one, as it has not outright denied the claim of pension updation and gives  hope for pension updation to NABARD Retd employees on the lines of RBI pension updation pattern.
Good bye then until next time
D.Krishnan.
General Secretary
Encl: Letter to chairman

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

THE CHAIRMAN                                                                                        14-12-2019
LIC OF INDIA,YOGAKSHEMA,
JEEVAN BIMA MARG,                                                               BY SPEED POST
MUMBAI – 400021

Dear Sir,
RE: RENEWED REQUEST TO SET RIGHT THE FAULTY
IMPLEMENTATION OF DHC ORDER

While we are not on the demerits of the Hon’ble Delhi HC order here, which is the subject matter of the petition pending in the Supreme Court, we have repeatedly brought to your kind attention, both orally and in writing, the deviations, and deficiencies in LIC’s implementation of the said order, on payment of Arrears, for the pre-1997 Retirees. We very much regret that no action has been taken in setting right such wrongs, although one and quarter years have elapsed. You will be convinced that the following outcome, by itself, reveals the apparent deficiencies in the said implementation. 

  1. HUGE  DROP IN  NUMBERS: While 16000 pensioners were paid 40% DR as Interim Relief in 2016, only 3600 pensioners were paid any relief on DHC order, that too after intervention of the Hon’ble SC. Taking into account  the exits due to death of pensioners in the intervening period, at least 10000 pensioners who received the IR were deprived of any relief whatsoever. 

  1. HUGE  DROP IN  AMOUNT: While 40% itself as Interim Relief worked out to Rs.29.35 Cr, the relief that is assumed to be complete, and paid as above, stood at as low an amount as Rs.23.08 Cr (after recovering the bulk of Rs.29.35 CR), despite (i) the increased DR cost in the intervening period of 2 ½ years and (ii) inclusion of certain interest component as well. All that the small number of 3600 pensioners had received was as small as Rs.460 per month, on an average (inclusive of interest). 

  1. MISSED   THE MINIMUM: While there are as many as (estimated) 6000 pensioners (Pre-97) with a basic pension of less than the minimum prescribed Rs.3010, only 56 pensioners received any relief, on minimum pension upgrade. LIC affirmed in their Affidavit to SC, their commitment to minimum pension and sought more time to resolve the complexity in calculations, but nothing tangible in the implementation thereof has occurred so far. 

The gravest errors  in the implementation are enumerated in the following four  paragraphs (categories), in the order of severity of violations. 

  1. HARD-HIT: For those who had retired prior to 1993, the rate of DR (for basic 2130-3850) has been fixed at 0.29% with the rationale stated (Para 79 of the DHC order) and recapped in the operating part. (Para 107 (iii) (c)). While this rate itself as ordered by DHC is disputed, the LIC calculated DR at a still lower rate 0.23% (probably taking undue advantage of a typo), which is a clear violation.

  1. TRUNCATION OF PERIOD OF ARREARS:  Para 109 of the DHC order sated "Arrears, if any, would be paid from the date when the first Writ Petition was filed, to all retired employees/pensioners who would be entitled to benefit of this judgment". While the first WP (No.6676/1998) was filed, as early as on 18/12/1998, in Jaipur HC with the key prayer to set  right the discrimination in DR, which later evolved to be denial of Rule 3 A benefits, and which is one of the two petitions disposed of in the judgment of Jaipur HC, on 12/1/2010. But, LIC had deliberately mis- reckoned the date as 29/1/2007 as the base year from which to calculate the Arrears payable!

  1. UNFAIR DEDUCTION OF THE INTERIM RELIEF: While LIC deducted the Interim Relief amount, contrary to the DHC order, they also contravened yet another Order of the SC, which had stated in the context of the Interim Relief, as "subject to final results", which meant that LIC could have waited  for the final outcome, as the petitioned issues have not reached finality yet. LIC's own covering letter while disbursing the Interim Relief says, “is subject to final verdict of Hon’ble DHC/ Hon’ble SC, as the case may be, for recovery/refund”. The hurried deduction of the Interim Relief amount is unfair and harsh.

  1. COMPOUNDING  FAULTS: LIC’s action to pay even a small interest for a very short period, say, a year, has been slashed unfairly as they calculated the interest after deducting the unrecoverable Interim Relief, which tantamounts to charging interest as well, on the IR deducted.  

Aggrieved by the underpayment in the implementation of the DHC order on DR and interest dues, several Pre-97 retirees sent protest letters individually in Oct 2018,  to your predecessor; and it may be worth pointing out here that the senders included eminent persons like Sri R Narayanan (ex- Chairman who initiated the pension scheme), Shri G. Chidambar, the oldest and senior most MD (Retd.) and DS Narain ( Retd. ED, who passed away a few days back).  

While we were given to understand you are taking benevolent initiatives towards pensioners, the affected category under this representation, relates to pensioners aged 80 and much above. If you extend your sympathetic consideration, to this lot, which they certainly deserve, and mend the defectively implemented DHC Order, all of them will be grateful to you. 

Yours Faithfully

D.Krishnan.

=====================================================================


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