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Private Circulation for LIC Pensioners only

( A monthly e - Magazine of LIC Retired Class I Officers’ Association, Kolkata ) Dec, 2015

( Year - 2013 : Issue - 2, Year - 2014 : Issue – 12 )

EDITORIAL Chief Editor : Basudeb Das Editorial Board S.K. Mazumder A.K. Goswami D.K. Ghosh S.K. Ghosh A.K. Mahato T.K. Sanyal S.Mukhopadhyay

IN THIS ISSUE: Editorial…………...1 Legal News……....2 Assocn News….…10 Financial News.…11 Of nterest……..….14 Health TIPS………..…17 Jokes.…………..…..18 Photography………...19 Pensioners’ News….20 Readers’ Views …….20

Note……….…....….21

Year - 2015 : Issue – 12

ARE ELDERLY PEOPLE HAPPY IN INDIA ?

It is a burning question that in India the number of elderly people who are not happy in the hands of their children whom they brought up sacrificing own weal and woe, is gradually increasing. Instances are many - from below poverty level families to well off people. The tyranny is little bit less for elderly people with own adequate income, but pathetic for people having no or inadequate earning. On the occasion of International Elder’s Day on 01.10.2015, Central Govt was found silent on this burning issue. While 7th pay commission recommended revision of pension for 52 lac Govt. pensioners and the Govt gave positive initial response on it the same Govt is opposing in Supreme Court the demand for revision of pension of few thousand LIC pensioners who are victims of non – revision of basic pension since they retired and hence find it difficult to make both ends meet. As per TOI report, nearly 15 million elderly Indians live all alone and close to three-fourths of this elderly population are women. One in every seven elderly persons in India live in a household where there is nobody below the age of 60. There is an increase in number of assaults, stealing and killing cases against the elderly people in the recent past. It is not an easy task for the seniors to be tension free when their children and family members do not reside with them. India has around 100 million, about 12% of the population, elderly citizens at present and the number is expected to increase to 323 million, constituting 20 per cent of the total population, by 2050, the report jointly brought out by United Nations Population Fund (UNFPA) and Help Age International said. The report also emphasized on addressing urgent concerns of elderly persons worldwide like investment in pension and quality health care and warned that if these concerns are not addressed promptly then the consequences will take the unprepared countries by surprise. Are the Indian elderly happy? With the increasing age, the loneliness and vulnerability of elderly also rises. At this age what they need are security, safety and a friendly environment. Their children generally leave them for employment. As per a survey, nearly three-quarters of all old people in the country are ready to move to a community that offers them special services. The survey also said that a large number of them feel lonely. An HT report said, "Today's seniors are living alone in an environment where they are not satisfied with the current security options. Eighty percent of the seniors surveyed were concerned about the possibility of theft and violence, as they lived alone. The need for a comprehensive arrangement for a senior citizens’ community is increasing. Three out of every four seniors are open to moving to an assisted senior living community and seniors are increasingly seeking and willing to pay for residential communities with housekeeping support and leisure avenues, Sujay Misra of AZ Research was quoted as saying to HT. It is time for India to bridge the gap of demand and supply for senior citizen specific residential communities which are focused on offering safe, secure and healthy living with medical facilities available to them. It's imperative to provide elderly people a stress free life, a place, a living space which is designed to give them a holistic lifestyle.

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LEGAL NEWS : HEARING RE-SCHEDULED ON 02.12.2015

SUPREME COURT OF INDIA Status : PENDING

Case Status Status of :

LIC OF INDIA AND ORS Pet. Adv. : MR.

Appeal Civil 8959 -8962 .Vs.

2013

KRISHNA MURARI LAL ASTHANA AND ANR ETC.

ASHOK PANIGRAHI

Res. Adv. :

Subject Category : SERVICE

Listed 0 times earlier

OF

MR. RAMESHWAR PRASAD GOYAL

MATTERS - RETIRAL BENEFITS Likely to be Listed on : 02/12/2015

Last updated on Nov 27 2015

The 8th biennial meeting of the General Council of the Federation of Retired Class I Officers’ Associations will be held on Monday, the 7th December, 2015 in Bangalore. 6th meeting was held on 2nd December, 2013 in Mumbai.

POWER OF ART 14 OF THE CONSTITUTION IN QUASHING LIC/GOVT APPEAL IN THE SUPREME COURT. AFTER A LONG INTERVAL SINCE LIC/GOI FILED SLPs IN SUPREME COURT FOR QUASHING 3 HIGH COURT JUDGEMENTS FAVORING LIC PENSIONERS, SUPREME COURT BENCH IS GOING TO DECIDE SOON THE FATE OF THE SLPs. BOTH SIDE COUNSELS ARE ARGUING ALTHOUGH LIC/GOVT’S STAND APPEARS NOT SO SOUND FOR WHICH PERHAPS THEY ARE DRAGGING THE CASE UNNECESSARILY TO DELAY THE JUDGEMENT. LOT OF SUGGESTIONS ARE FLOATED IN MEDIA TO GUIDE LAWYERS TO FIGHT AGAINST LIC/GOI’s ARGUMENTS. BOTH SIDE ARGUMENTS BEFORE COURT HAVE MERIT IN EITHER WAY. BUT THE VITAL ARGUEMAENT IS CONSTITUTIONAL VALIDUTY OF GOVT/LIC DECISIONS WHERE COURT APPEARS TO HAVE NO OTHER WAY BUT TO DEFEND THE CONSTITUTION. SO IT IS VERY MUCH IMPORTANT FOR LIC PENSIONERS’ COUNSELS TO RELY ON ARTICLE 14 OF THE CONSTITUTION WHCH PREVENTS STATE TO DISCREMINATE CITIZENS. BUT IN REALITY, RECENT GOVT DECISIONS LIKE OROP FOR DEFENCE, PENSION REVISION AND INTRODUCTION OF OROP FOR CIVIL SERVICES (7TH CPC RECOMMENDATION WHICH GOVT OPENLY AGREES TO IMPLEMENT) IS A CLEAR CONTRADICTION IN RELATION TO THEIR DEFENCE IN SC AGAINST LIC PENSIONERS” PENSION REVISION. THIS IS CLEAR VIOLATION OF ART 14 OF THE CONSTITUTION AND GOVT OBJECTION THROUGH SLPs IS BOUND TO BE STRUCK DOWN IF ARGUED EFFECTIVELY. LET US NOW GO THROUGH THIS POWERFUL DEFENCE OF THE CONSTITTION AS APPLICABLE TO OUR CASE IN THE SUPREME COURT……(EDITOR)

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“Article 14 of the constitution guarantees the right to equality to every citizen of India . It embodies the general principles of equality before law and prohibits unreasonable discrimination between persons. Article 14 embodies the idea of equality expressed in the preamble. ARTICLE 14- EQUALITY BEFORE LAW Article 14 declares that ‘the State shall not deny to any person equality before the law or equal protection of law within the territory of India.’ Thus Article 14 uses the two expressions “equality before law” and “equal protection of law”. The phrase “equality before law” find a place in almost in written constitution that guarantees fundamental rights. Both these expressions aim at establishing what is called “equality of status” while both the expressions are kind of identical but they don’t give similar meanings. EQUALITY BEFORE LAW Its origin is from America. And somehow it is a negative concept. It aims at implying the absence of any special privilege by reason of birth, sex, religion etc in favor of individuals and the equal subject of all the classes to the ordinary law EQUAL PROTECTION OF LAW Its origin is from British. And some how it is a positive concept. it aims at equality of treatment in equal circumstances. It means whether someone is P.M. or President he should deal with same law as normal being deals with RULE OF LAW. The guarantee of equality before the law is an aspect of what Dicey calls the Rule OF Law in England. It means that no man is above the law and that every person whatever be his rank or condition is subject to the jurisdiction of ordinary courts. Rule of law require that no person shall be subjected to harsh, uncivilized or discriminatory treatment even when the object is the securing of the paramount exigencies of law and order. Professor Dicey gave three meanings of thr Rule Of Law : 1. Absence of arbitrary power or supremacy of the law: It means the absolute supremacy of law as opposed to the arbitrary power of the Government. In other words - a man may be punished for a breach of law, but he cant be punished for anything else. 2. Equality before law: It means subjection of all classes to the ordinary law of land administrated by ordinary law courts. This means that no one is above law all - are equal in eyes of law 3. Absence of individual liberty: There are various constitutions that provide individual liberty but not provide method. It means that the source of the right of individuals is not the written in constitution. U.K. don’t have provision for individual liberty. Rule Of Law In India 1. Supremacy of Law:

Page 4 of 21 The First meaning of the Rule of Law is that 'no man is punishable or can lawfully be made to suffer in body or goods except for a distinct breach of law established in the ordinary legal manner before the ordinary courts of the land. It implies that a man may be punished for a breach of law but cannot be punished for anything else. No man can be punished except for a breach of law. An alleged offence is required to be proved before the ordinary courts in accordance with the ordinary procedure. 2. Equality before Law: The Second meaning of the Rule of Law is that no man is above law. Every man whatever be his rank or condition is subject to the ordinary law of the realm and amenable to the jurisdiction of the ordinary tribunals. Everybody under Article 14 is equal before law and have equal protection. 3. Individual Liberty: Lot of individual liberty is mentioned like fundamental rights in Article 21 - protection of life and personal liberty, article 19- Right to freedom etc. and courts are their to protect individual liberty. The first and second aspect apply to Indian system but the third aspect of the Dicey’s rule of law does not apply to Indian system as the source of right of individuals is the Constitution of India. The constitution is the supreme law of the land and all laws passed by the legislature must be consistent with provisions of the constitution The rule of law impose a duty upon state to take special measure to prevent and punish brutality by police methodology. The rule of law embodied in article 14 is the basic feature of the Indian constitution and hence it can’t be destroyed even by an amendment of the constitution under article 368 of the constitution. Exception To Rule OF Law The above rule of equality is however not an absolute rule and there are number of exceptions to it. ‘Equality of Law’ does not mean the power of the private citizens are the same as the power of the public officials. Thus a police officer has the power to arrest you while no other private person has this power. This is not violation of rule of law. But rule of law does require that these powers should be clearly defined by law and that abuse of authority by public officers must be punished by ordinary courts. The rule of law does not prevent certain class of persons being subject to special rules. Thus members of armed forces are controlled by military rules. Similarly medical practitioners are controlled by medical council of India Certain members of society are governed by special rules in their profession i.e. lawyers, doctors, nurses, members of armed forces and police. Such classes of people are treated differently from ordinary citizens. Article 14 Permits Classification But Prohibits Class Legislation The equal protection of law guaranteed by Article 14 does not mean that all laws must be general in character. It does not mean that the same laws should apply to all persons. It does not attainment or circumstances in the same position. The varying needs of different classes of persons often requires separate treatment. From the very nature of society there should be different laws in different places and the legitimate controls the policy and enacts laws in the best interest of the safety and security of the state. In fact identical treatment in unequal circumstances would amount to inequality. So a reasonable classification is only not permitted but is necessary if society is to progress.

Page 5 of 21 Thus what Article 14 forbids class-legislation but it does not forbid reasonable classification. The classification however must not be “arbitrary , artificial or evasive” but must be based on some real and substantial bearing a just and reasonable relation to the object sought to be achieved by the legislation. Article 14 applies where equals are treated differently without any reasonable basis. But where equals and unequals are treated differently, Article 14 does not apply. Class legislation is that which makes an improper discrimination by conferring particular privileges upon a class of persons arbitrarily selected from a large number of persons all of whom stand in the same relation to the privilege granted that between whom and the persons not so favoured no reasonable distinction or substantial difference can be found justifying the inclusion of one and the exclusion of the other from such privilege. Test of Reasonable Classification While Article 14 frobids class legislation it does not forbid reasonable classification of persons, objects, and transactions by the legislature for the purpose of achieving specific ends. But classification must not be “arbitrary ,artificial or evasive”. It must always rest upon some real upon some real and substantial distinction bearing a just and reasonable relation to the object sought to be achieved by the legislation. Classification to be reasonable must fulfil the following two conditions Firstly, the classification must be founded on the intelligible differentia which distinguishes persons or thing that are grouped together from others left out of the group Secondly, the differentia must have a rational relation to the object sought to be achieved by the act. The differentia which is the basis of the classification and the object of the act are two distinct things. What is necessary is that there must be nexus between the basis of classification and the object of the act which makes the classification. It is only when there is no reasonable basis for a classification that legislation making such classification may be declared discriminatory. Thus the legislature may fix the age at which persons shall be deemed competent to contract between themselves but no one will claim that competency. No contract can be made to depend upon the stature or colour of the hair. Such a classification will be arbitrary. The true meaning and scope of Article 14 have been explained in a number of cases by the supreme court. In view of this the propositions laid down in Damia case still hold good governing a valid classification and are as follows. 1. A law may be constitutional even though it relates to a single individual if on account of some special circumstances or reasons applicable to him and not applicable to others, that single individual may be treated as a class by itself. 2. There is always presumption in favour of the constitutionality of a statute and the burden is upon him who attacks it to show that there has been a clear transgression of constitutional principles. 3. The presumption may be rebutted in certain cases by showing that on the fact of the statue, there is no classification and no difference peculiar to any individual or class and not applicable to any other individual or class, and yet the law hits only a particular individual or class. 4. It must be assumed that Legislature correctly understand and appreciates the need of its own people that its law are directed to problem made manifest by experience and that its discrimination are based on adequate grounds

Page 6 of 21 5. In order to sustain the presumption of constitutionality the court may take into consideration maters of common knowledge, matters of report, the history of the times and may assume every state of facts which can be conceived existing at the time of the legislation. 6. Thus the legislation is free to recognize degrees of harm and may confine its restriction to those cases where the need is deemed to be the clearest. 7. While good faith and knowledge of the existing conditions on the part of a legislature are to be presumed, if there is nothing on the face of the law or the surrounding circumstances brought to the notice of the court on which the classification may reasonable be regarded as based, the presumption of constitutionality cannot be carried to extent always that there must be some undisclosed and unknown reason for subjecting certain individuals or corporation to be hostile or discriminating legislation 8. The classification may be made on different bases e.g. geographical or according to object or occupation or the like. 9. The classification made by the legislature needs not be scientifically perfect or logically complete. Mathematical nicety and perfect equality are not required. Equality before the law does not require mathematical equality of all persons in all circumstances. Equal treatment does not mean identical treatment. Similarly not identity of treatment is enough. 10. There can be discrimination both in the substantive as well as the procedural law. Article 14 applies to both. If the classification satisfies the test laid down in the above propositions, the law will be declared constitutional. The question whether a classification is reasonable and proper and not must however, be judged more on commonsense than on legal subtitles. Cases on Art 14 : # D.S. Nakara v. Union Of India The Government issued an office memorandum announcing a liberalized pension scheme for retired government servants but made it applicable to those who had retired after 31 March 1979. The supreme court held that the fixing of the cut off date to be discriminatory as violating Article 14. The devision of pensioners into two classes on the basis of the date of retirement was not based on any rational principle because a difference of two days in the matter of retiremnt could hav a traumatic effect on the pensioner. Such a classification held to be arbitrary and unprincipled as there was no acceptable or persuasive reason in its favour. The said classification had no rational nexus with the object sought to achieved. #Madhu Limaye v. Supdt. Tihar Jail Delhi There were Indian and Europian Prisoners. Both were treated differently. Europian gets better diet. Court held that difference between Indian and Europian prisoners in the matter of treatment and diet violates right to equality under Article 14 of Indian prisoners. They all are prisoners they must treat equally. #Sanaboina Satyanarayan v. Govt. of A.P In Andra Pradesh. They formulate a scheme for prevention of crime against women. In prisons also prisoners were classify in to two category first

Page 7 of 21 Prisoners guilty of crime against women and second prisoners who are not guilty of crime against women. Prisoners who are guilty of crime against women challenge the court saying that there right to equality is deprived. Court held that there is resoanble classification to achieve some objective. #Tamil Nadu Electricity Board v R. Veeraswamy The employee were governed by the contributory provident fund scheme. With effect from 1-7-1986 a scheme was introduced. The question was whether the pension scheme ought to be applied to those who had already retired before the introduction of the pension scheme the supreme court rejected the claim. As per the rules prevalent at the time the retirees had received all their retiral benefits. If the pension scheme was made applicable to all past retirees, the resulting financial burden would be Rs200 crore which would be beyond the capacity of employer. The reason given for introducing the scheme was financial constraint- a valid ground. The court held that retired employees and those who were in employment on 1-7-1986 cant be treated alike as they do not belong to one class. Te workmen who had retired and received all the benefits under the contributory provident fund scheme cease to be employees of the applellant board w.e.f. the date of their retirement. They form a separate class. Thus there was no illegality in introducing the pension scheme and not making it applicable retrospectively to those who had retired before the date. Conclusion: What article 14 forbids is discrimination by law that is treating persons similarly circumstanced differently and treating those not similarly circumstanced in the same way or as has been pithily put treating equals as unequals and unequals as equals. Article 14 prohibits hostile classification by law and is directed against discriminatory class legislation. A legislature for the purpose of dealing with the complex problem that arise out of an infinite variety of human relations cannot but proceed on some sort of selection or classification of persons upon whom the legislation is to operate. Its is well settled that Article 14 frobid classification for the purpose of legislation. Its is equally well settled that in order to meet the test of Article 14: (i) classification must be based on intelligible differentia which distinguishes persons or things that are grouped together from those that are left out of group and (ii) (ii) the differentia must have a rational nexus to the objects sought to be achieved by the executive or legislative action under challenge. Article 14 contains a guarantee of equality before law to all persons and protection to them against discrimination by law. It forbids class legislation. Ref: # Chiranjit Lal v. Union Of India AIR 1981 SC 41 # Abdul Rehman v. Pinto AIR 1951 # Jagjit Singh v. State AIR 1954 # R.K. Garg v. Union Of India AIR 1981 # Monoponier Co. v. City Of Los Angles # K. Thimmappa v. Chairman Central Board Of Director AIR 1958 # Anwar Ali’s case AIR 1952 SC 75 # Ramkrishna Dalmia v Justice Tendolkar AIR 1958 # Kedar Nath v State Of West Bengal AIR 1953

Page 8 of 21 # Kameshwar Singh v. F.N. Balsaro AIR 1954 # State Of Bombay v. F.N. Balsara AIR 1951 # State Of West Bengal v. Anar Ali AIR 1952 # Sagir Ahmed v. State AIR 1954 # AIR 1983 SC 130 # AIR 1975 SC 1505 # (2003) 10 SCC 78 # AIR 1999 SC 1768”

(Author : Shiksha : Shiksha Singh Symbiosis Law School, Noida)

BPS writes to Finance Minister pointing out 7th CPC shortcomings: BHARAT PENSIONERS’ SAMAJ (All India Federation of Pensioner's Associations) New Delhi -110014 SG/BPS/ 10/2015 New Delhi-Dt. 25.11.15 Dear Shri Arun Jaittleyji. Honourable Minister of Finance Government of India. Subject : 7th Central Pay Commission report released on 19.11.2015 Sir. With deep resentment and pain BHARAT PENSIONERS SAMAJ( BPS) the oldest & the largest Federation of Indian pensioners which is a conglomerate of over 650 Pensioners Associations appeal to you to redress the following issues which 7th CPC failed address: I. Ratio between minimum and maximum: Instead of reducing it is raised which is against the preamble of the Constitution of Indian Republic. 2. Minimum salary has been intentionally calculated to be lower to keep common fitment factor low. Counting employees' wife as 0.80 unit is gender biase and is totally unjustified. Quantities & rates taken for the items in basket are unrealistic for example Rs 524.07 per month is provided Even the lowest category of Govt. accommodation is not available at this rate. Similarly rate of 'Dal' is taken to be 97.84 per Kg. No ‘ Dal‘ is or was available in the market at this rate. Quantity of Milk is taken to be 200 ml per unit per day which is too little for a vegetarian rate of Milk is taken to be Rs 37.40 per Kg which is lower than market rate. 3. According to 7th CPC 2.57 fitment factor is for all employees. But, in fact. 2.81 fitment has been given at Secy level. This is robbing Peter to pay Paul, violative of CPC own recommendation and that of Article l4 of the constitution of India. 2.81 fitment benefit should be provided to all employee without any discrimination. 4. Raising percentage of pension based on sustenance: Analysis given by CPC is silent on sustenance this is unjustified rejection. 5.OROP recommended by 7th CPC for all. But through the jugglery of pay matrix, for promotee officers and group‘C.‘ it will end up only in modified parity. This needs rectification to ensure absolute parity for all.

Page 9 of 21 6. Additional pension at 75yrs of age is denied only because Defence Ministry did not agree this is rather absurd. If Defence Ministry does not want to have it. let them not have it. Why make others suffer on this account? 7. Medical facilities : While the Commission’s recommendations regarding merging of all postal dispensaries with CGHS dispensaries and inclusion of non CGHS covered postal Pensioners are welcome. However, its recommendations regarding Health insurance for pensioners do not suit existing pensioners on account of no coverage of existing disease without lock-in period, no provision of OPD facility , payment of premium and less amount of coverage. Under signed, wish to draw your kind attention to para 9.5.18 (iii) of the 7th CPC and request you to create without delay a combined entity of CGHS, ECHS-RELHS which in terms of 7th CPC would result in a very strong network of health facilities for the Central Government employees/pensioners across the length and breadth of the country. 8.Scraping of New Pension scheme(NPS) :It has come out through 7th CPC report that though NPS was introduced more than a decade back Govt; to date could not firm up rules in this regard. With the result over 300000 employee recruited after 2004 may not have enough funds in their accounts at retirement to ensure financial security. Center and state Govt’s share of contribution is insufficient and these governments are not depositing their contribution in time, investments are subjected to service tax & withdrawals are taxable under Income Tax with the result there would not be enough money for reasonable post retirement financial security. Due to ever rising inflation, this situation will go on worsening year by year and will go out of hand by the time of retirement of the beneficiary. This is more than sufficient reason to scrap NPS & to revert to pre 2004 defined benefit Pension Scheme. Thanking you in anticipation. -S.C.Maheshwari, Secy. General Bharat Pensioners Samaj http://scm-bps.blogspot.in/2015/11/bps-writes-to-finance-minister-pointing.html http://www.staffnews.in/2015/11/7th-cpc-shortcomings-bharat-pensioners.html#ixzz3stoYwFvw

FEBRUARY 17, 2015 · 9:58

Justice Dipak Mishra , the sitting Judge of Supreme Court Of India complains AGAINST WORKING of Indian Justice & Judgment Modus Operandii: 10th Feberuary 2015 :

“Supreme Court Justice Dipak Mishra stressed on the use technology for fastening the judicial process – Parthasarathi Mohanty”.

of

information

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A two-day national level seminar on ‘Enhancing Judicial Capability’ was held on Saturday at Odisha Judicial Academy, Cuttack under the aegis of Odisha State Legal Services Authority. While inaugurating the workshop, Supreme Court Justice Dipak Mishra stressed on the use of information technology to speed up the judicial process. “There is a lack of coordination in the trial and judgement system and lack of clarity in judgement at lower court due to which number of piling cases are rising in higher courts. The use of latest technology has fastened the judicial process and is being used more extensively in Indian Judiciary,” he said. “In a fast paced world, we should adopt the new environment of speeding and accurate justice which is the need of the hour. Judges should enhance their capability to fasten the judicial process as lakhs of cases have been pending in courts of our country and seminars like this will help to enhance the capability of our judges and improve their accuracy and efficiency,” said Ibrahim Kalifulla SC Judge. The seminar was attended by all the judges of the Orissa HC and judges of District and Sessions courts of all the districts.

ASSOCIATION NEWS:

ANNUAL GET TOGETHER 2015

WE HAVE THE PLEASURE TO INFORM THAT OUR ANNUAL GET TOGETHER WIL BE HELD AT BIDHAN SISHU UDDYAN, ULTADANGA, KOLKATA ON 27th DECEMBER, 2015 (SUNDAY) 9 AM ONWARDS. PARTICIPATION FEE IS FIXED AT Rs.300/- PER HEAD. MEMBERS TOGERHER WITH THEIR FAMILY ARE SINCERELY REQUESTED TO MAKE THE OCCASSION A GRAND SUCCESS…GS

[ From the Desk of Secretary, Kolkata Association] In our November’15 issue, we mentioned about the need of our readiness for accepting more adjournments. In fact, it is so happening. The pensioners are experiencing one adjournment after another- series of adjournments. The Civil Appeals, preferred by LIC, were to due to come up for for FINAL HEARING on 24th Nov’15 after series of adjournments over a period of more than one year putting the poor pensioners in to the tough test of tolerance. This time, also, we have experienced addition of another feather in to the cap of ADJOURNMENT, terming it to be the LAST ADJOURNMENT. May be the next adjournment will be the LAST ADJOURNMENT-A. As things stand to-day, the pensioners are looking forward to 2nd December’15. We have no other alternative than to count days expecting the final outcome to be in our favour some day and sing in chorus to the tune of “ We shall overcome, We shall overcome some day--------“.

Payment of 20 % of Arrears to our members Bank accounts of the pensioners, retired before 01/08/1997, must have been credited by the amount of 20% of arrears as calculated by LIC though no calculation sheet or basis of the calculation leading to the calculated amount has been provided with. The amount of arrear, for some pensioners, have caused disappointments. The lowest amount is Rs.339/-

Page 11 of 21 From kolkata, we forwarded 95 names of regular pensioners and 14 names of Family pensioners. After prolonged hectic activities by us, our Federation General Secretary and our Federation leadership at Mumbai; LIC have made payments to 93 pensioners leaving two regular pensioners and all Family Pensioners. We have taken up the matter with our Federation General Secretary together with a request for inclusion of a few more names that could not be given earlier for being unable to contact them. Let us, now, be hopeful of rightly calculated 100% with revision of Pension with every wage revision. We have our reasons to be hopeful in view of Rajasthan HC verdict and a verdict of the SC dt 1st July’15, in the matter of Rajasthan Govt. and the Retired College teachers of Rajasthan stating revision of wage and pension inseparable.

BI-ENNIAL GENERAL COUNCIL MEETING OF THE FEDERATION. The above meet will be held at Bangalore on 7th December’2015. Our association will be represented by a team of 4 delegates, led by Sri Ajay Kumar Banerjee, our President. We stand committed to the verdict of Rajasthan High court of January, 2010. We will highlight the decision of the Federation EC meeting, held in November’14 at Trivendrum, putting the DR anomaly removal and pension revision with every wage revision on the same footing. Also, the the following issues will be raised. 1) Revision of Dearness relief at every quarter instead of half-yearly. 2) Payment of domiciliary treatment medical allowance to all pensioners & improvements in medical allowances for domiciliary treatment for pre-1987 retirees, and preventive health check up every two years interval for all retirees. 3) Re-fixation of pension, one month’s terminal salary, difference of Gratuity and Leave encashment for those retirees whose dates of births fall on 1st day of a month. 4) Re-fixation of pension, difference of salary, difference of Gratuity and Leave encashment for those retirees who retired between 01/08/1992 and 31/03/1993. 5) Option to join Group Medi-claim for those who did not join earlier or could not renew for any reason. 6) Improvement in our Family pension in line with RBI family pension. 7) waiver of existence certificates by some specified persons and introduction of self-certification.

FINANCIAL NEWS: 3RD QTR 2015 PRICE INDEX : JUL(263), AUG(264), SEP(266) : IN SERVICE EMPLOYEES ARE ELIGIBLE FOR 34 SLABS MORE DA FROM 01.11.2015 SALARY IN PRE-REVISED SCALE. Forgetfullness is the common feature in elderly people. Sometimes it creates lots of trouble in managing their financial portfolio. Here are some tips to be kept in mind by the elderly people of today (Source : ABP ): 1. Check periodically Term deposits of Bank, PO or MF for maturity and if matured, either withdraw or renew. 2. Check whether dividend on share or MF is credited to a/c, else take up or email with the authority. 3. If SB A/c balance increases, transfer a portion is to FD. 4. Comply KYC formality in Bank/MF or Share trading a/c.

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5. Apply for new cheque book if foils are exhausted. 6. Check up whther LIC or Health Insurance premiums are paid by due dates. 7. Check up income or growth of MFs and if income not upto expectation, transfer such investment to other attractive schemes. 8. Ensure Tax savings investments by Mar’16. 9. Check up 26AS of IT website and ensure it is reflected in IT return 10. If tax deduction is less, pay balance tax through Bank. 11. If any investment made in single name, arrange either 2nd name or nomination. 12. Check up Bank Locker’s rental whether paid/deducted on due dates. 13. New investment or encashed investment statisitics to be written in savings control hand book 14. If age crossed 60 years, check up you are getting advantage of Sr Citizen 15. If you have pension, check up whether you have submitted existence certificate. 16. For emergency, keep liquid cash sufficient to tide over medical exigency. 17. Ensure that you have made an will for your assets to avoid unnecessary litigations in the family in your absence. 18. Keep identity cards, health cards, voter ID, Pan cards, ATM cards etc handy and secured.

7th PAY COMMISSION:

The Chairman of the Seventh Pay Commission, Justice A.K. Mathur submitted its report to the Union Minister for Finance, Corporate Affairs and Information & Broadcasting, Shri Arun Jaitley, in New Delhi on November 19, 2015.

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(SOURCE : TOI)

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OF INTEREST: (A) ABUSE OF ELDERLY PEOPLE :

A report by HelpAge India, a voluntary organisation working for abandoned and needy elderly people, reveals some shocking statistics. According to the report, one in three senior citizens is a victim of abuse in India.

“Some of the abuses we found are as brutal as severe beating of elderly people by their own sons, daughters and daughters-in-law,” states the 2012 report. It also says that in more than 50 per cent of abuse cases, the perpetrators are family members, with the son being the primary abuser in over 56 per cent of cases, followed by daughters in 23 per cent of cases. The most common reason for the abuse is property related. Rampant physical abuse According to an activist and charity worker, “All senior citizens we spoke to in Delhi said they had been verbally abused, while 33 per cent confided they had been physically abused – often beaten and tied to chairs.” Last year, in the southern city of Hyderabad, the well-off family of a 75-year-old cancer patient decided to burn her alive at a crematorium because they did not want to pay for further treatment. She was saved when the crematorium staff noticed her stir and called police. Elderly parents being abused and abandoned is not just an urban phenomenon. In rural India, the family system is eroding, with the younger generation increasingly heading off to cities with their spouses and their children to start a new life – without their parents or grandparents. Those who have worked in government service or for a reputed private company receive pensions, but a large majority of India’s population still work as farmers or day labourers. Once they are too old to work, they are forced to rely on their children or extended family for support. There is a government-backed pension programme for the poor called the Indira Gandhi National Old Age Pension Scheme, which provides Rs200 a month to people over 60 who live below the poverty line, meaning they earn less than $1.25 (Dh 4.59) per day. But the amount they receive is barely enough to get them food for a week. The government also approved a bill to increase the pension to Rs500 a month to those over the age of 80. “In 2007, the Maintenance and Welfare of Parents and Senior Citizens Bill, which protects the rights of senior citizens, was passed in parliament. It provides an inexpensive and efficient system where the elderly could petition the administration to seek maintenance from their family. “When the bill was passed, the government discussed plans to build at least one old-age home in all 629 districts in the country. The government said it would take care of elderly people if their family members were unable to look after them.” Mathew OF Helpage India is worried about people like 70-year-old Kathleen Lama, originally from Darjeeling a city in West Bengal, who made her home on a patch of land in Nizamuddin, Delhi, several years ago. But she ended up on the streets after her husband died and her kids didn’t bother to look after her. There are thousands more like her on the roads of India, forgotten. Hukabhai Somabhai, 70, was brought to Atitna Ashirwad Vrudhashram, a crowded shelter for elderly homeless people, at Hirapur Chowkdi, some 20km from Ahmedabad, by volunteers who found him

Page 15 of 21 wandering in the streets. Parvatiben, 75, also lives in the shelter. She was found by volunteers roaming in the streets of Ahmedabad. Both had been abandoned by their families. “With the joint family system withering away, the elderly are being abandoned,” Meira Kumar, a social justice minister in the Congress Party-led government was quoted as saying in 2007 when the bill to protect the elderly was presented in parliament. The legislation calls for a three-month jail term if children do not look after their elderly parents. At the time, Meira said she hoped the penal provision would act as a deterrent. There have been a few instances when the elderly have taken shelter under the law. A couple of years ago, a trial court ordered Delhi residents Sonu* and his wife Geeta* to vacate the home of Sonu’s mother, Kamla Devi*, after the elderly lady filed a complaint alleging that the couple “mentally tortured” her. Kamla, who is in her mid 70s, said that she had built the house with her own money and, since she was a widow, had allowed her son and daughter-in-law to live with her out of love for them. However, they started harassing her and asking her for her property. Upset, she went to court and the court ordered the couple to vacate the house within a month. It also asked them to pay Rs3,000 per month as damages to Kamla from the time she filed the petition. Unfortunately, not many are as bold as Kamla, and the long wait due to the huge number of pending civil cases in Indian courts can tire most of the petitioners. Seeking justice In June 2012, the Delhi High Court issued an order to all court judges to give “special focus” to the cases involving senior citizens and ever since, courts in other cities are also taking similar steps. Significantly, the bill states that a person would be disinherited if he or she fails to take care of their elderly parents. HelpAge has welcomed the legislation but says it may have little practical effect. Most parents are too demoralised, destitute or frail to begin a battle to get a ruling, HelpAge’s Mathew says. Also, “very few people will want to wash their problems in public,” he says. But Mala Gupta* is one woman who is seeking redress under this law. After her husband Rajesh* passed away in 2010, she was confined to a single room in her own home by her son and his family who occupied the rest of the house. She was also being tortured by her son and his wife who wanted her to transfer ownership of the house and the land to his name. Fed up, she filed a complaint with the police, but that did not help. In fact, it only served to incense her son who unceremoniously threw her out of the house. Out on the streets Mala, who is over 60, initially took shelter in an ashram in Benaras, Uttar Pradesh. But with her daughter’s support, she has now filed a petition in the court, hoping her son will be evicted from her house. One elderly gentleman who, sidelining his own trauma, has decided to reach out to assist others is Avikar Raj. The 66-year-old who was working in a law firm in the UK, returned to India keen to spend the last years of his life with his extended family in southern India. However, once his sizeable savings were exhausted they threw him out of the house, he says. With barely a few thousand rupees in his pocket Avikar, who was diagnosed with leukaemia, reached Delhi where, by sheer chance, he met Ravi Kalra who heads The Earth Saviours Foundation. Ravi, who runs a home for the elderly and mentally challenged people in Delhi, took Avikar, who is a graduate from the London School of Economics, into his fold. Avikar says, “When you retire and have no family life, you feel isolated and alienated. And I, who led a very active life, felt the impact much more. But I am desirous of spending the rest of my life in social work.” Today he helps Ravi manage the foundation.

Page 16 of 21 According to a HelpAge India official, “There has been an increase in the number of senior citizens approaching us for jobs. Statistics available with job portals reveal that there has been a significant rise in the number of resumes posted by senior citizens on the websites.” When asked his views on the increasing number of elderly people being abused in India, Gyan Prakash Pilania, a member of the opposition Hindu nationalist Bharatiya Janata Party and a social worker, has been quoted as saying, “Things have come to such a pass now that the old have to petition the government for care and help. What kind of a life is that?” Those in old-age homes perhaps know the answer to Gyan’s question.

(B) CONSUMER RIGHT: IT’S OPEN SECRET THAT WE ALWAYS PAY COST OF THE PACKET CONTAINING SWEETS ETC. SAY SWEETS COSTS 5OO PER KG, IT INCLUDES SWEETS AND THE PACKET ALSO. BUT AS PER RULE, WE MUST PAY FOR 1KG SWEETS ONLY, NOT LESS THAN IT. SOME BODY WILL SAY WHY SHOPKEEPER WILL BEAR THE COST OF THE PACKET ? THE PRICE OF THE SWEETS IS DECIDED KEEPING COST OF THE PACKET, STILL WE GET 1 KG SWEETS IN PACKET WHICH IS LESS THAN 1KG BY THE WEIGHT OF THE PACKET. NOW GOVT IS CONSCIOUSLY ALERTING PUBLIC FROM THIS TYPE OF FRAUD AND ASKS PUBLIC TO WAKE UP AND COMPLAIN IN THE FOLLOWING NOS: 1800-11-4000 NATIONAL CONS HELP LINE

MONDAY, NOVEMBER 2, 2015 : Indian retirement system ranks last in the global pension index Denmark and Netherlands are the only countries to achieve an 'A' grade in the history of the index. A new Mercer report rated Denmark as the country with the best retirement system for the fourth consecutive year in 2015, with an overall score of 81.7. The primary reasons for Denmark's top spot is its

Page 17 of 21 well-funded pension system with its good coverage, high level of assets and contributions, the provision of adequate benefits and a private pension system with developed regulations. Denmark and Netherlands are the only countries to achieve an 'A' grade in the history of the index. Singapore has been ranked the highest among Asian countries for a retirement system. The Indian retirement system continues to rank last, as per 2015 Melbourne Mercer Global Pension Index (MMGPI). All of the 11 countries that have been part of the MMGPI since it began in 2009 have experienced an increase in the expected length of retirement from 2009 to 2015, with the average length rising from 16.6 years to 18.4 years.For the 16 countries that have been part of the MMGPI since the 2011 report, the average labour force participation rate for 55-64 year olds has increased from 57.9 per cent to 62.2 per cent between 2011 and 2015, or just over 1 per cent per year. Read at: Business Standard This study of retirement income systems in 25 countries has confirmed that there is great diversity between the systems around the world with scores ranging from 40.3 for India to 81.7 for Denmark.

Overall Index India India’s retirement income system comprises an earnings-related employee pension scheme, a defined contribution employee provident fund and voluntary employer managed funds. The National Pension System is gradually gaining popularity. • • • • • • • •

The overall index value for the Indian system could be increased by: introducing a minimum level of support for the poorest aged individuals increasing coverage of pension arrangements for the unorganised working class introducing a minimum access age so that it is clear that benefits are preserved for retirement purposes improving the regulatory requirements for the private pension system continuing to improve the required level of communication to members from pension arrangements increasing the pension age as life expectancy continues to increase increasing the level of contributions in statutory pension schemes

The Indian index value fell from 43.5 in 2014 to 40.3 in 2015 primarily due to the revision in the household saving rate. [Readmore: http://www.staffnews.in/2015/11/indian-retirement-system-ranks-last-in.html#ixzz3qRy59UZg ]

HEALTH GUIDE FOR PENSIONERS : OUR HEART AND ITS CARING 1. Our average heart beat is 72 per minute ie 1,00,000 per day. 2. A healthy heart pumps 5 litres blood per minute which is 7500 litre per day. 3. Heart first beats when embryo’s age is 4 weeks and it continues whole life span. The function of heart in human body is not comparable with any machinery of the world. So it needs proper care for healthy maintenance. Some tips :

Page 18 of 21 a) Cooking medium should be omega 6 enriched vegatable oil eg sunflower/ soya etc which reduces bad LDL cholesterol. Sunflower contains adiponectin protein hormone which is good for heart. b) It is necessary to consume fish oil 2/3 days per week as it contains omega 3 fatty acid which increases good cholesterol HDL, reduces trygleceroid and maintains blood vessels preventing blood clotting. c) Akhrot / amolnd are good for health as it contains amino acid which prevents heart diseases. d) 30% heart diseases can be reduced by taking whole atta, oats, barley, brown bread etc regularly. e) Food chart must contain seasonal fruits, vegetable leaves which contains fibre, vitamin and minerals. f) To meet protein deficiency, white portion of egg and fatless milk must be included in diet. g) Potassium enriched food eg green vegetables/leaves, banana, green coco water, lemon, amla etc should be inclused in diet. h) Soya, Rajma, Rosun, Holud, Methy etc helps keeping heart better. i) Raw salt should be avoided and in diet it should not exceed 2-3 gms. j) Whole milk and milk products like ghee, butter, cream, cheese, sweets should be avoided. k) Red meat should be avoided, chicken and small fish allowed. l) High cholesterol food eg egg yolk(kusum), crab, fish eggs etc must be avoided. m) Chips, pizza, burger, sausage which are full of high sodium and saturated fat should be totally rejected. n) Artificial soup, fruit juice or tinned food with artificial chemical are to be avoided. o) Cardiac patients have tndency to increase uric acid, so for them palong, cauliflower, Koraishuti, Potato, Musur dal, Ata, Sofeda, Cold drinks, Bear etc should be avoided. p) Smoking increases heart beat and blood pressure and increases chance of heart attack by decreasing HDL. q) Grilled or boiled food instead of fried food is suggested. r) Regular check up of weight and BP suggested. s) In fine it is to note that laughing is a good medicine for heart. Loud laughing increases blood flow by 20% making a person more healthy.

(Source : ABP )

JOKES :

(SOURCE: RECENT BIHAR ELECTION CAMPAIGN)

Page 19 of 21

PENSIONERS’ PHOTOGRAPHY : HIBISCUS (JOBA) FLOWERS

PHOTO OF 27 DIFFERENT JOBA (HIBISCUS) BY BASUDEB DAS FROM HIS ROOF TOP FLOWER GARDEN

Page 20 of 21

PENSIONERS’ NEWS: S/Sri Amitabha Som, Dulal Bhattacgarya and Gautam Paul joined our Association. Eastern News heartily welcomes them to Kolkata Association.

READERS’ VIEWS: 1.

IR CREDITED OR NOT,THERE IS NON-COMPLIANCE OF SC ORDER DT 7/5/2015

I refer to the following portion of the circular of Mr G N Sridharan ,Gen.Secy of the Class I Federation published in the Nov-15 issue of your Eastern News Magazine: “Some of our members who have recd very small amounts have been naturally expressing their desire to know the details of calculations. We are led to conclude that LIC is taking full advantage of the order passed by Supreme court on 7/9/2015 in an IA filed in the appeals against the judgement of Pun & Haryana HC stating that that the court will not go into calculations.” We need to bear in mind the context in which the SC Bench made those observations. When the LIC counsel tried to explain their non-compliance with the 7th May 2015 order for payment of IR to the Chandigarh petitioners by taking the pretext that that the calculations of the latter were wrong, the Bench responded that the Court was not concerned with the calculation facet. This should only be construed to mean that LIC was mandated to calculate whatever was the correct amount and pay to the Chandigarh petitioners as per the order of 7th May 2015.Here there is no scope for LIC to take advantage either to avoid payment or making any payment they liked without furnishing calculations to support the amounts credited to the respondent-pensioners’ bank accounts. I wish to go one step further and state that without detailed calculations to support the credits made to the concerned pensioners’ bank accounts, the SC order remains uncomplied with. This is because, in the absence of supporting calculations, the recipients have no means of knowing what these amounts represent and if indeed they are towards the interim relief, whether they are the correct amounts credited in terms of the SC order dt 7/5/2015. So, in my view, the Federation counsel should submit before the Apex Court on 18/11/2015 that LIC has failed to comply with their orders dt 7/5/2015 and 7/9/2015 notwithstanding amounts credited to the concerned pensioner-respondents……..C H Mahadevan.

2. Great! Hearty congratulations for the promptness with which EN is published. Though all features are fine, health guidance indeed is very nice. May you continue your services in the cause of the pensioners. Happy to share with you that my unbroken 256th post of ENVIUS THOUGHTS through https://nvsr.wordpress.com has as of now has a view score of 19236 from 188 countries. My first post on 28/2/15 was on the fourteenth anniversary of my retirement titled "MY TRYST WITH LIC OF INDIA". Subsequently on 1/9/15 my poem LIC DAY IS TODAY was posted. On 7/9/15 a write up titled "GREEN MEMORIES OF INSURANCE WEEK CELEBRATIONS was posted. Time and mind cooperating, kindly visit the archives to read these three posts and let me have your feed back….V Subbaraman.

Page 21 of 21

3.

Very much informative, with health tips too…….P B Acharya (Rajkot D O )

4. Thanks a lot Sir for sending me a copy of the EN- November issue promptly on the 1st. Hearty congrats for one more informative issue- thanks a ton for your health tips, including the one on the uses of Turmeric….R.Venugopal, Retired ED LIC Bengaluru.

NOTE : ANY BRILLIANT ACHIEVEMENT/SUCCESS IN ANY FRONT IN THE FAMILY OF LIC PENSIONERS INCLUDING PHOTOGRAPH MAY BE SENT TO US FOR FOCUSSING THROUGH OUR E-MAGAZINE. Feedback/Write Ups/Information/Readers’ Views/Request with e-mail id for soft copy of monthly e-Magazine EASTERN NEWS free of cost may please be sent to following email IDs : LIC RETIRED OFFICERS’ ASSOCIATION AMAR KUMAR GOSWAMI SUBIR KUMAR MAZUMDAR

: [email protected] : [email protected] : [email protected]

MONTHLY EASTERN NEWS CAN NOW BE READ DIRECTLY FROM : PENSIONERS VOICE & SOUND TRACK, EDITOR :: RK SAHNI : http://www.rksahni.blogspot.in/ LIC PENSIONERS’ CHRONICLE, EDITOR :: PG GANGADHARAN : http://licpensionerscalicut.blogspot.in/ & AIRIEF WEBSITE :: AN INITIATIVE OF RB KISHORE : https://airiefvision.wordpress.com/

OUR SINCERE THANKS TO THE AUTHORITIES OF THE WEBSITES. ####### E N D #######

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