We reproduce herein below the letter addressed by AIIPA to the Chairman, LIC of India, Mumbai, urging him to implement the LIC Board Resolution of November 2001 at the earliest.
AIIPA urges for immediate solution
We had written to you earlier when the SLP against the Order under the Review Petition by the Hon’ble Jaipur High Court was pending in Supreme Court and the High Court had passed an Order keeping in abeyance, the Civil Contempt Petition till disposal of SLP by the Supreme Court. We had, in that letter, urged upon for immediate solution on the issue of full neutralisation in Dearness Relief payable to pre-1.8.1997 pensioners. Time and again, we have been impressing upon LIC not to wait for the culmination of legal process, as not the merits of the issue of full neutralisation in Dearness Relief to pre-1.8.1997 pensioners but only the procedural aspects of implementation of LIC Board Resolution of November 2001 were the issues at stake.
After the dismissal of SLPs, LIC has filed fresh SLPs and we are sure, in these petitions too, only legal nuances have been raised. To reinforce our sustained stand on this issue, we would like to point out that LIC had raised the scope and applicability of Section(48) of LIC Act, had raised questions whether the Hon’ble Jaipur High Court was right in rejecting the Review Petition, as these do not call for interference in its Review Jurisdiction, whether the High Court was right in asking LIC to implement its Board Resolution, seeking amendment of Pension Rules without actual amendment of Rules, whether LIC can be asked to do a particular thing, which if done, will act contrary to Law, whether oral submission of the Government Counsel can over-ride the provisions of statute, whether the High Court can decide that there cannot be a cut-off date for a benefit when there are judgements upholding cut-off dates etc. These and other points in the affidavit, but not mentioned here for purpose of brevity, clearly show that LIC never intended to raise the merits of the issue but was only concerned on proper manner to give effect to its Board Resolution of November 2001.
Now, we understand the SLPs against judgements of Punjab and Haryana High Court, Jaipur High Court and Delhi High Court have been converted into Civil Appeals and Civil Appeals in relation to Jaipur High Court and Delhi High Court have been tagged. Already LIC has already deposited certain amount in Jaipur High Court in respect of the eligible pensioners as per its understanding and AIIPA holds the view that having recognised the eligibility criteria in respect of the eligible petitioners, LIC can as well initiate suitable measures to get its Board Resolution implemented in respect of all pensioners on rolls as on August 1 1997. Our organisation, AIIPA, is of the firm opinion and feels the best course open to LIC, is to act on the above lines immediately even before proceedings in the Supreme Court are expected to be resumed to give concrete shape to the LIC Board Resolution by grant of uniform rate of Dearness Relief to pre-August 1997 pensioners retrospectively from August 1, 1997, with equivalent benefits to other post-August 1997 pensioners.
LIC pensioners and their families, especially those who had been waiting for long to get their legitimate due, fervently hope LIC would move in correct direction all at once.
Eventhough AIIPA has persistently argued for early favourable decisions in the matter of grant of uniform Dearness Relief for all pensioners, LIC has been oblivious to the merits and pursuing on legal matters.
All India Insurance Pensioners’ Association (AIIPA) holds a valid view that further delay can be avoided and the resentment among the pensioners redressed only if and when LIC heed to our representations and moves in the direction of immediate solution for this important issue that had its lows and highs in the past and which had seen vicissitudes and dragged on for no fault of the majority of the pensioners.