wishing always good luck to the PENSIONERS.....LETTER FROM SRI G.N. SRIDHARAN, PRESIDENT, CHENNAI ASSOCIATION.

Sridharan G.N	5:51 PM (25 minutes ago)
to Gangadharan, rk, me

It would be a matter of small relief that there has been some positive rattling  in regard to the case in the supreme  Court. The fact that the matter is now posted to  10/8/2021 gives hopes of an early finality. Our Pensioners colleagues woul be well advised not to hike their expectations (which has till now brought only avoidable tensions) but be practical .Let us remember that 10/8 is only tentative listing and even if it is pucca, one cannot rule out the possibility of the ASG represeting GOI seeking adjuornment again on  the plea that the govt.is working on similar problems of bank Pensioners and expect the same relief to be extended to Insce Pensioners also!!

The fact that the court on its own suggested that the parties can submit their 'synopsis and compilation(s)'appears to be very significant. The normal mandatory practice followed by SC and some of the High courts ( like Madras HC ) is to require parties to file a ' synopsis' of their case only at the time of filing obviously to facilitate deciding on whether there are  prima facie grounds for admission of the matter to be taken on file for detailed hearing. In our case the order has come when the matter is poised for disposal at the time of admission itself. It is therefore evident  that the bench would like to come to a decision quickly on the basis of what is said by the parties perhaps to avoid the need for going very deep into the voluminous cause papers in the case bundle & keep the reference to them at the minimum level.Anyway we do not know what prompted the hon'ble bench to grant this liberty.Let our leaders take this seriously and a submit a note avoiding stress on legal points but confining to the practical aspects that would help earning the sympathy of this court.

My reference to 'practical aspects' relates to the need for highlighting our points in the note from the following two angles 1) We have waited for too long and 2) effectively counter the main points of defence repeatedly taken by LIC/GOI combine as parties to the pending litigation.

The first one can be dealt with by briefly tracing the Genesis of the litigation and the course it has taken since 2007 till its culmination of our raising the demand for upgradation.

As for the second we all know that the cost aspect ,and the fact of our pension being governed by a ' funded' scheme have been the two main arguments advanced against our demand for upgradation. On these two main bogies my views are as follows: 

a) Our pension fund is robust - with nearly 30 years since the introduction of the scheme being over the position is bound to be steady with inflow to the fund exceeding the liability for payments out at any future point of time (this can be verified by reference to actuarial experts)- There is an inbuilt arrangement in our pension Rules for augmentation by the employers (LIC)- vide Rule no 5 (3)- chapter 3 enjoining the LIC to ENSURE pension payments--With a sweeping structural change being on  the anvil it should be possible and easy for LIC in its changed 'avatar'to provide in their books of accounts for the contigency of meeting defeciancy ,if any,in making pension payments.

b)The plea on nature of the pension scheme being under ' funded category is misleading and untenable--Even for govt.employees NPS has been introduced sice 2004 which in effect is also a ' funded'  scheme -- The old scheme for govt employees whereunder the matching contibution is chargeable to the consolidated fund of India is only a dwindling liability for the govt.---- With the govt's approval upgradation is permitted for RBI employees who are also governed by a funded scheme--- The absence of provision for upgradation in the pension rules cannot be a valid ground for denial since even govt pension rules do not provide for it but upgradation is allowed periodically on the basis of recommendations of successive pay commissions.

It should be remembered that neither the constitution nor an other law confers on the pensioners a LEGAL right to upgradation.It will therefore be necessary to adopt a wise and practical stance.We have seen from the posts in the blogs that we have many a legal expert amongst us doling out all sorts of views and suggestions .

 it is my humble view they should be held aside when we present our note.I have noted above as what came to my mind out of my long experience in serving the causes of Class 1 officers of LIC and as a practicing lawyer who had the opportunity of dealing with about 10 Sr.counsels at both SC and HC levels.If anything I have said in this not is found to be inappropriate my attention may be drawn by the readers.

Wishing always good luck to the Pensioners

--GN Sridharan

 Wishing always good luck to the Pensioners

--GN Sridharan