THE FILE FOR SANCTION OF 30% FAMILY PENSION TO FAMILY PENSIONERS OF PUBLIC SECTOR GENERAL INSURANCE RETIREES IS LYING WITH DFS WITHOUT ANY FURTHER ACTION

NIRAS IS WORKS ON WAR FOOTING TO GET THE 30% UNIFORM FAMILY PENSION NOTIFIED

COPY OF DATA ON FAMILY PENSIONERS SENT BY GIPSA TO DEPARTMENT OF FINANCIAL SERVICES

NEW INDIA ASSURANCE EMPLOYEES PENSION FUND AS ON 31/03/2023

NIARAS KERALA WRITES TO FM FOR IMMEDIATE NOTIFICATION OF 30% FAMILY PENSION AT PAR WITH LIC

DOES RULE 55 B OF LIC EMPLOYEES PENSION SCHEME 1995 FAIL IN THE TWIN TEST FOR ARTICLE 14 NON -VIOLATION

 In Para 105 of the Delhi High  Court judgment dated 27/4/ 2017, while dealing with our contention of discrimination through Rule 55 B of LIC Pension Rules, 1995, the Bench has observed as follows:

"105. Lastly, we will deal with the contention of the retired employees/associations that the pension scheme is discriminatory as 

the Corporation is extending benefit of periodical revalorization of pension to Managing Director and Chairman under Rule 55B, who also receive payment from the pension fund. As per Rule 55B, notwithstanding anything contained in the pension rules, an employeeappointed as Managing Director under Section 20 of the Act, who was in service on or after 1st January, 1996, the pensionary benefit shall be calculated in accordance with the provisions of Central Civil Service (Pension) Rules, 1972, Central Civil Services (Commutation of Pension) Rules, 1981 and in accordance with the instructions issued by the Central Government thereunder from time to time. The explanation of the Corporation and the Union of India is that appointments to the posts of Chairman and Managing Director are made by the Central Government under Sections 4 and 20 of the Act. 

These posts require approval of the Appointment Committee of the Cabinet and draw pay as per the scale of pay applicable to the Central Government employees. This was the position even prior to introduction of the Pension Rules. Chairman and Managing Director of the Corporation by notification dated 3rd July, 1996, were made eligible for pension, though their salary and dearness relief were calculated on 608 index points whereas pension rules had provided for calculation of dearness relief at 1148 index points. Thus, there was an anomaly. The Central Government considered the issue and decided that there should be uniformity of terms and conditions of appointment approved by the Appointment Committee of the Cabinet in the insurance industry including retirement package".

We need to refute this contention by judging Rule 55B on the twin test of a  classification not violating Article 14 of the Constitution.The first test is that the classification is  done based   on intelligible differentia  and the second test is that the clarification should  have a nexus to the object to be achieved. 

As for the first test, in my opinion, the following reasons  prove  that classification of these top two cadre officers  for a discriminatory treatment providing them benefits not avalable to other  lower cadre employees does not satisfy this test:

1.The two top cadre officers are whole time officers  of the Corporation similar to other lower level employees and having exercised the option for pension are also covered by the same LIC(Employees) Pension Rules 1995.

2.For the above reason they are paid pension from the same Pension Fund by LIC and not by the  Central Government.

3.The Contribution by the Corporation to the Pension Fund for this category of Officers is also on the same scale as that of all the pension optees not coming under Rule 55 B.

4.However, additional contribution to the Pension Fund based on actuarial valuation for these two cadres is made also including the quantum required for meeting the additional liability arising out of the need for payment of upgraded pension based on CPC Recommendations once in ten years. 

With all these types of discrimination prevailing, the criterion cannot be  based on intellegible differentia when there is no differentiation for these  officers in the act of their being covered by LIC Pension Rules 1995.

Now let us come to the second test of the classification having a nexus ( rational relationship) to the object of the classification .

1.It has been stated by LIC and Union of  India that appointments to the posts of Chairman and Managing Director are made by the Central Government under Sections 4 and 20 of the Act. These posts require approval of the Appointment Committee of the 

Cabinet and draw pay as per the scale of pay applicable to the Central Government employees. This was the position even prior to introduction of the Pension Rules.

But this  is only a matter of expediency as the appointing authority for both the cadres is the  Central Government unlike  for for lower level cadre employees where the appointing authorities were from within the Corporation.When the requirement of approval of the Appointment Committee of the Cabinet was prevailing even before the notification of the Pension Rules, it defies logic as to why the  Chairman & MDs retired between 1/1/1986 and 31/12/1995 who had opted for pension  were not brought under the Rule 55 B.

Also the anomaly could very well have been rectified by applying the definition of 'pay' under Rule 2(o)(iv)  by notionally  adding the Dearness Allowance  calculated upto Index number 1148  in the All India Consumer Price Index for Industrial Workers in the  series 1960=100 and applying DR rate as per Appendix IV of LIC Pension Rules 1995 .This rule was in existence till 13/8/2001 when it was deleted .Rule 2(o)(iv) was applied for all retirees upto the cadre of Executive Directors and below in respect of period of retirement from 1/8/1987 to 31/7/1992( in case of Class III & IV employees) or upto  31/3/1993(in case of Class I  & II Officers) till the scales of pay were revised by the wage revision notification issued in July 1996 effective from 1/8/1992, when the revised pension was fixed based on revised salary.

Thus it cannot be said that there was a rational nexus with the object to be achieved by this classification. [

 The inference therefore is that the classification of pensioners through Rule 55 B fails the twin test for not being treated as violation of Article 14 of the Constitution .

One thing  more that emerges from this is that the reason cited for notifying Rule 55 B is for the anomaly confined to the top two cadre officers with a cut off date 1/1/1996, while there were similarly placed top two cadre officers who also retired between 1/1/1986 & 31/12/1995 whose salary & DR would have been calculated at 608 index points.

2.Besides, the object sought to be achieved  by this classification has defeated the object of Rule 56, which , instead of having to be implemented for all pensionable employees, is being implemented selectively for only the top two cadre officers covered by Rule 55 B.

In  a way , if Rule 56 had been implemented for all pensioners,there would have been no need for insertion of Rule 55 B in the LIC Pension Rules 1995 as the intended benefits under the Rule would have automatically flowed to the top two cadres of Officers.

Our Senior Counsel need to  argue strongly on the above points before the SC Bench on 7/12/2022.

An Article By Shri.C H Mahadevan 

( Former Exicutive Director LIC)

LIC PENSION FUND DETAILED BALANCE SHEET

NEED FOR SIMULTANIOUS UPDATION OF FAMILY PENSION & DELINKING 33 YEARS OF SERVICE FOR FULL PENSION

 

NEW INDIA MANAGEMENT DIRECTED SHARE COPY OF EMPLOYEES PENSION FUND BALANCE SHEET BY CIC

LIC PENSIONERS FILED NEW AFFIDAVIT IN SUPREME COURT HIGHLIGHTING STRONG PROVISION CONTAINED IN LIC PENSION SCHEME 1995 ON THE BASIS OF CCS PENSION RULES 2021 FOR PENSION UPDATION ALONG WITH EVERY WAGE REVISION

ADMINISTRATIVE INSTRUCTION FOR IMPLEMENTATION OF BENEFITS AVAILABLE TO SVRP2003/SVR2004 RETIREES VIDE HO LETTER DATED 18/04/2022. PLEASE NOTE THAT SVRP2003/SVRS2004 RETIREES WHO HAD OPTED FOR PENSION PRIOR TO THEIR RETIREMENT HAVING 10 YEARS OR MORE BUT LSS THAN 20 YEARS OF QUALIFYING SERVICE & RELIEVED WITHOUT PENSION CAN NOW APPLY FOR PENSION IN THE FORMAT GIVEN IN THIS LETTER.

NIARAS KERALA DESIGNED APPLICATION FORMAT FOR CLAIMING 5 YEARS NOTIONAL FOR ELIGIBLE SVRP 2003 RETIREES AS PER HO CIRCULAR DATED 18/04/2022

PENSIONARY BENEFITS ALLOWED TO SVRS 2003/2004 RETIREES AS PER COURT VERDICT & APPLICATIONS ARE INVITED FROM APPLICABLE RETIREES FOR PAYMENT ARREARS FROM 2003/2004

DETAILED PROCEDURE FOR ONLINE SUBMISSION OF LIFE CERTIFICATE

 

Detailed Procedure for online submission of Life Certificate

 Keep your Mobile/Laptop/PC with full charge with internet connection on.

Sit neatly dressed in front of the device and keep handy your PAN, ID CARD, Pension I'd card and Mobile.

Keep your camera lens of the device dust free and clear.

Type the link given by HO in Google Chrome search bar on the top.

 The NIA PORTAL will be displayed.

 Click on Register

 Enter your PAN no.in capital letters. You will get one OTP in your mobile. When you enter the same in the box and click submit button your personal details like name, DOB, PAN, E mail id etc. will be displayed. Verify and if found correct, tick mark on declaration box and click submit button.  By this the Registration Process is over.

 Now you have to login to submit your Life Certificate.

 Click the button Login beside Register and enter your mobile No. when you will be prompted to another screen showing your name

with a Green Tab with writing Submit your Life Certificate .  Please read the notification above the tab that Maximum 3 attempts allowed.

 When you Click on the above tab Submit your Life Certificate the Pensioners and family Pensioners are directed to different screens.

 Pensioners may be directed to the next page where you have to click the Allow to button giving permission to use your device camera.

 Now you have to show your Documents one by one as under for capturing the images:

 1) PAN

2) PHOTO ID PROOF (DL/VITEE UD/PASSPORT/PENSION ID)

 When you show the documents one by one it can be seen on the screen. Please ensure it is clear and readable. Then click Capture tab. Now it has captured and remain still.

 Then you have to face the device for capturing your selfie. Here too please keep in mind to sit in the capturing distance of the camera so that your face is clearly seen in the frame.

 You may click the capture button only after focusing as above.

 Then click on the Next button to proceed to video/audio recording.

 You can see a new screen showing a six digit number on right hand top corner alongwith two buttons chowing start recording and stop recording.

 Before clicking the start recording button you may keep in mind that the time limit is 30 seconds and you have take 15 to 30 seconds (not earlier than 15 Seconds or later than 30 seconds.)

The time starts and displayed on the right hand side immediately on clicking the Start recording button when you have to read out the above number slowly but loudly. (Remember to keep the volume of the device slow.) Also ensure your video is clearly seen while recording.  Take 17 to 20 seconds to record and click the button STOP RECORDING *ONLY AFTER 17 or 20 seconds even though you have completed reading the number before that.

 The procedure will be over on your clicking the declaration box.

 Those cases where any of the Captured or video recorded portion is not clear will be rejected.

 But you need not worry you will be informed of the reason for rejection and hence you can login again and resubmit after correcting the rejected portion.

 On completion you will be receiving messages as under vide SMS and email informing the status of your submission.

  Your request for Life Certificate is pending for approval and then

 Your request for Life Certificate approved

 Have an attempt to submit online even if you have submitted offline.

 All the bests.

Curtsey: Shri. R Krishna Murthy