All India Pensioners Day-17th December 2019
ALL INDIA INSURANCE PENSIONERS, ASSOCIATION
Oriental Building, Kamptee Road, LIC Square, Nagpur-440 001
All India Pensioners Day 17-12-2019
President : Com Ashok Tiwari
General Secretary : Com T K Chakraborty
Date : 25th November 2019
Cir No : 24/2019
To
All Divisional/Regional/State units of AIIPA
Dear Comrades,
All India Pensioners Day-17th December
December 17, had been an eventful day every year, for the Insurance Pensioners, as on that day, they celebrate the principled victory achieved on their rights.
This year, the day assumes more significance, since new ranks of pensioners and would-be pensioners have come on the anvil. This would not have been possible but for the sustained efforts of AIIEA and AIIPA.
Even after the Government stubbornly turned down the demand for one final option for pension and even after the Lok Sabha was told of it, AIIEA & AIIPA did not take “no” as the answer and continued to put pressure for acceptance of the demand.
The culmination came when the Government had to accept the demand and announce grant of one final option to join the Pension Scheme 1995, not only to present employees in service on the Date of Notification, but also to all those who were on rolls on June 28, 1995, but had retired and or retired and died without pension.
A significant and purposeful achievement, a feather each on the cap of AIIEA and AIIPA and the one that will be recollected with nostalgia by all the beneficiaries indeed. As per the information available in LIC, almost all eligible employees and about 75% of eligible retirees or their spouses have exercised Pension option. The material benefits have started flowing in the insurance industry and for this section December 17, 2019 will have added value.
As all of us are aware, the Apex Court delivered its famous verdict in D.S Nakara Case on December 17, 1982, upholding the rights of the Pensioners. The importance of the judgement was that, it stipulated that there cannot be a mini class within the class of pensioners and equal people cannot be treated differently, without a reasonable basis and any such discrimination, based on Date of Retirement, was violative of Article (14) of the Constitution.
More particularly, the verdict declared that pension was a right and not a bounty or gratis and was not at the discretion of the Government. The verdict emphasised that pension was earned after long service and can be treated as a deferred compensation for the services rendered.
The judgement struck down the two clauses in the Government O.M.s, denying the benefits to earlier pensioners and held that all covered by Central Civil Pension Rules, 1972 shall be entitled to liberalised Pension Scheme from the eligible date, irrespective of Date of Retirement.
Though these details are in public domain, this recapitulation has been done to drive home, the importance of the ‘Pensioners’ Day’ and also to highlight how the LIC, GIPSA and Government, are negating these principles, while considering and not conceding the demands.
Even in judicial proceedings, LIC and Government have been contending that, Nakara judgement is not applicable to Insurance Pensioners and there are no provisions for Pension Updation in Insurance Pension Rules, 1995.
AIIPA has filed its SLP in the Supreme Court with prayer for Updation of Pension, based on Nakara case and grant of Pension Updation, under Central Civil Pension Rules, 1972, though no provision for updation exists therein too.
Significantly, adding strength to our plea, the Government has granted increased pension to all pre-2012 pensioners, in Reserve Bank of India, which also manages only a funded scheme, as in LIC and GIC and not a “pay as you go” scheme of the Central Government.
AIIPA firmly believes that their efforts and struggles are bound to succeed and observance of “Pensioners Day” in a fitting manner will be an occasion to rededicate ourselves to the noble cause we stand for.
AIIPA requests the Units to implore the possibilities of observance with other trade unions and mass organisations jointly, by organising seminars on Social Security and meetings etc., and if not feasible, conduct gate meetings before the Divisional/Zonal Offices of LIC and Regional/Divisional Offices of PSGI Companies with good mobilisation of rank and file.
The Assembly should be utilised to explain the viewpoint of the organisation, to reassure them that AIIPA will do its best in all spheres and on all issues.
December 17, is not just another day, in the lives of the Pensioners, but a day to reiterate our resolve to fight for our rights.
With Greetings,
Comradely yours
General Secretary
Source: http://cziea.org/