Fervent, Ardent & Earnest Appeal For Legal Fund

Fervent, Ardent & Earnest Appeal For Legal Fund

Fervent, Ardent & Earnest Appeal For Legal Fund

Dear Colleagues,
   Warm Greetings !  I do not wish to write much about the progress we
have been maintaining in conducting our case at Supreme Court, as,
time and again, our President and  General Secretary have kept you all
informed of the same in detail through periodical circulars. Now, it
becomes my foremost duty to write about our legal fund.
   You are aware that our demands of DR neutralization and upward
revision of pension, at par with enhancement of wages for in-service
employees at the interval of five years, cannot be dreamed of
securing, just like that, at the hands of the present
bureaucracy,unless we are thoroughly prepared to fight it out with
strong conviction and sufficient fund in reserve. Realizing the
prevalence of the toughest stand of LIC / UOI in negating our just
demands, our leaders took the unanimous decision of engaging an
eminent and reputed lawyer. After deep consideration and without
minding a little higher side of fees and allied expenses, it was
decided to seek the counsels of Sri. K.T.S.Tulsi, a senior most,
expert and prominent counsel. Urgency was also there to put forth our
reasonable arguments based on legal grounds, in such a fine way as to
convince the court that the counters preferred by the other side lack
proper basis.
   Our present Sr.Counsel has gone through our case and is fully
convinced that we are unnecessarily taken for a ride by LIC / UOI all
these years and that he is hopeful of winning our case. Our leaders
and legal committee members have apprised him of all our demands and
other connected details.
   All the cases are listed to 24th July and we presume that we could
come out with favourable orders after half-a-dozen sittings. My
personal opinion is, the period may not go beyond September.
   Friends, think a while, about the cost involved in it. No doubt
that we have spent a lot all these years and our efforts have
definitely done some thing good in not allowing our cases to be
dismissed at any stage. As we are now at the crucial final leg of our
legal battle, every penny we contribute towards our exchequer matters
much. Approximately, we may need a reserve of 40 to 50 lakhs. Our
AIRIEF has taken the lead in advancing our arguments ahead of other
sister organisations. This we do for the benefit of all cadres of
pensioners, including those who retired on and after 1-8-1997.
   So, participation of all members in the process of fundraising
campaign, at least from now on, becomes the dire need of the hour We
cannot dream of leading a decent standard life,if not a comfortable
and luxurious one, once we are forced to lose the case for want of
funds. As elders, you may not need any more clarifications on this
aspect. We have got sufficient amount of ammunition in our armoury and
we have chosen the seasoned fighter to fight against the evil designs.
Certainly, we will emerge from Supreme Court with colourful victories.
Short of funds should not be a hurdle to achieve our avowed goal.
   So, dear members, rise up to the occasion and exhibit your
participation, to the awe of others, by forwarding your contributions
to our General Secretary at Bengaluru, through your Divisional Units.
                                    " United We Stand,
                                      Divided We Fall "
Affectionately Yours,
B.Angurajan
All India Organizing Secretary.

P.S :  The recent judgement on Bank pensioners case on 100% DR
              neutralization is nothing to do with ours. It is
entirely a different one.

B.Angurajan

EXCERPTS FROM TODAY JUDGMENT IN 100 % BANK DA/DR CASE -DIARY NO. 4266/2017

What is prayed for is also not the same rate but the

same principle, namely, flat rate be made applicable to pre 01.11.2002

retirees as well but at a rate of 0.24%.

24. Would that be the correct approach? The tapering formula

undoubtedly begins with 0.24% for the first segment of Rs.3550/- of basic

pension and then progressively steps down and finally reaches the level of

0.06% where the basic pension is in excess of Rs.6010/-.

25. In our view any attempt to tinker with either the formula or the rate

would make the whole scheme unworkable as was cautioned by this Court in

the case of P.N. Menon and Others (supra). As held in the case of Indian

Ex-Services League and Others (supra) the decision of this Court in D.S.

Nakara (supra) is one of limited application and there is no scope for

enlarging the ambit of that decision to cover all schemes made by the

retirees or a demand for an identical amount of pension irrespective of the

date of retirement. The reliance on the resolutions/circulars issued by

Reserve Bank of India was also misplaced. It is true that the tapering

formula was done away with by Reserve Bank of India but that by itself

cannot entitle the retirees prior to 01.11.2002 either to be conferred the

advantage at the same rate made applicable by Reserve Bank of India or at

the flat rate of 0.24% as was sought to be projected.

In our considered view, the assessment made by the Division Bench of

the Madras High Court was absolutely correct. The settlement has to be

taken as a package deal and it would be impossible to hold certain parts

good and acceptable while finding other parts to be bad. Moreover, the

recitals D, E and F in the Bipartite settlement dated 02.06.2005 (quoted

hereinabove) show that a package deal was entered into and Rs.1288 crores

per annum towards all the benefits was set apart for the benefit of the

employees. Any stepping up of benefit for a section of employees is bound

to inflate the figure of Rs.1288 crores per annum though that by itself is not

a ground that weighs with us. In our view both the categories of retirees,

namely, pre November 2002 and post November, 2002 stand on different

footing, the parameters which govern the computation of dearness relief are

also on a different level. The decisions rendered by the Single Judge as well

as by the Division Bench of the High Court failed to appreciate these aspects

and in our view, the said decisions are completely erroneous.

26. It may also be noted that the decision of the Division Bench of the

Madras High Court having been confirmed by this Court, the matter stands

concluded. As has been observed in paragraphs 32, 41 and 44 of

Kunhayammed and Others v. State of Kerala and Another11, once leave to

appeal had been granted and the appellate jurisdiction of this Court was

invoked the order passed in appeal would attract the doctrine of merger. Be

that as it may, we are satisfied that the Bipartite Settlement did not create

any distinction which was inconsistent with the principles laid down by this

Court.

27. We therefore allow these appeals, set aside the judgments and orders

passed in the appeals and dismiss Writ Petition No.507 of 2012 preferred by

respondent Nos.1 to 4 herein. No order as to costs.

Resolution Adopted by the 19 Th Annual General Body meeting of New India Assurance Retirees Association on 5^th May 2018.

Resolution. 1 - Pension Reforms

The Annual General Body Meeting unanimously demanded GIPSA and member companies to update Pension/Family Pension commensurate with Para 54B & 55 of General Insurance (Employees) Pension Scheme. 1995 which clearly express that "the pensionary benefits shall be calculated in accordance with the provisions contained in the Central Civil Services (Pension) Rules. 1972 and the Central Civil Services (Commutation of Pension) Rules, 1981, as applicable to Central Government servants and in accordance with the instructions issued by the Central Government there under from time to time." The House deplored the lackadaisical approach of GIPSA in not recommending any reforms as above, cone awning the Pension Scheme.

Resolution. 2 – One More Option for Pension

 New India Assurance Retirees' Association - Kerala unanimously demand Notification of one more option for pension to all employees & Retirees who could not submit their Pension option earlier and express its serious concern over the delaying attitude of Government of India in notifying the same.

Resolution. 3 Issue of Pension Documents

The House observed that tho Public Sector General Insurance Companies are denying Pensioners and Family Pensioners Their Privilege to copy of the updated Copy of Pension Scheme. 1995 and Pension Book Containing Joint Photo Graph, Pension Payment Order & Annuity Number.

Reslution. 4 - Removal of anomalies in Pension

The House unanimously urge upon the Government and Ministry of Finance to remove anomalies in calculation of pension and family pension , Doing away with Pro-rata reduction of Pension as Modified in the CCS pension rules & Enhancing the limit minimum pension and family pension as per Central Govt Rules

Resolution.5  – Increase in GMC Eligible Sum Insured

The House wholeheartedly welcomes the Initiative of the GIPSA in increasing the Eligible Sum Insured under GMC to 5/6/10 Lakhs as per the Requests of our last year AGM. The AGM of the New India Retirees' Association -Kerala (NIARAS-Kerala) Express its Sincere Gratitude to GISA & New India Management for this Gesture.

Resolution. 6 – Out Patient Facilities(OP)

The House Unanimously Demand Introduction of OP Treatment Faculties In GMC Or to make a Fixed Lump sum payment to Retired Employees for OP treatment.

Resolution. 7 – Revision of Pension along with every wage Revision.

This AGM Demands the revision of Pension along with every wage revision in order to avoid prolonged legal battle as going between LIC management & Retirees association. Thus urges the GIPSA Management to start meaningful negotiation with Pensioners association with out further delay.

Resolution. 8 – Overseas Medical Extension

The House observed that due to domestic compulsions many of the retired people visit foreign destinations to stay with their children who are settled there The House unanimously demand GMC may be extended to cover overseas mediclaim.

Resolution.9 – GMC Claim settlement by HITPA the New TPA

While the house whole heartily welcomes the initiative of GIPSA Management in setting up our own TPA, Requests the Concerned authorities to exercise maximum precaution to manage the transition period & expedite the transfer of records from old TPA to HITPA. It has come to our Notice in many places cashless treatment treatment has been denied to the members of GMC. Hence Requests the HITPA Executive Director to open sufficient offices in the sate to handle claims. All the hospitals which were under the former TPA may be brought under HITPA to facilitate continuous consultation Since Case files of many retirees are held with them. Where there is no office of HITPA is not available, temporarily the the responsibility may be assigned to the Regional/Divisional offices.

Resolution.10 – Automatic Renewal of GMC Policy

The AGM of NIARAS-Kerala feels that GIPSA should introduce automatic renewal of GMC Policy by ducting premium from pension amount as provided to LIC Retirees to avoid non renewal of policy by very elderly retirees who are not aware of this.

Resolution.11 – CMD Ex-gratia for High cost of Medical Treatment

The house resolved that CMD ex-gratia for critical illness may  be extended to retirees also .

Resolution.12 – Grievance Redressal Mechanism

The House observed with Great Concern that retired people have to run from pillar to post whenever they or family members are hospitalized. We demand that the company should start a grievance cell or a service window at every Regional Office to monitor claim settlement giving proper and timely directions to TPA and Hospitals.

Resolution.13 – Intimation about Renewal of GMC Policy

The NIARAS-Kerala AGM feel neglected of the Company's attitude in keeping the retirees in the dark about renewal of Mediclaim policy and premium remittance despite the fact that the company has the facility to reach out to every retiree through SMS alert, like It is demonstrated in the case of renewal of 'Pradhan Manthri Suraksha Biala Yojana Policy' or in the marketing of 'Griha Suvidha Policy' assuring hassle-free claim settlement. The house expects positive response from the company from next renewal onwards.

Resolution.14 – Sigle Service Window

The House in unison demand that New India should take immediate steps to start a single window at every Regional Office in the country to address and redress the grievances of retired people like delayed pension disbursement. mediclaim imbroglio, inordinate delay in paying terminal dues. delay in issuing Form 16, restoration of full pension. Issue of identity cards etc.

Resolution.15Uninterupted Communication Channel

As it is said that lack of communication leads to Misunderstanding &  Suspicion, The House univocally demand that the Public Sector General Insurance Companies to establish proper & continuous communication channel with Pensioners/Retirees Associations in frequent interwel for feedback on pension disbursement/GMC claim settlement. The denial of even Acknowledgement of memorandum/representation from the former Pillars of this institution do not seems to be a good gesture from our Esteemed & Reputed company.