Re-employed Ex-servicemen in Life Insurance Corporation of India in terms of Rule-27 of Life Insurance Corporation of India Pension Rules 1995
NATIONAL ORGANISATION OF INSURANCE PENSIONERS
Regn No.PN 4769 (Regd under Indian T U Act, 1926)
(Affiliated to Bharateeya Mazdoor Sangh)
BMS Office. Vishwakarma Bhavan, 185. Shaniwar Peth, Pune 411030. Tel.: 020-24454040
President: Dr. S. B. Sharan
Working President: S. G. Elangadi
Secretary: Vilas V.Purkar
LIC of India, Central Office
Yogakshema, Jeevan Bima Marg,
Re: Deprivation of Additional Qualifying Service in the context of Re-employed Ex-servicemen in Life Insurance Corporation of India in terms of Rule-27 of Life Insurance Corporation of India (Employees) Pension Rules. 1995
Please find here with attached the representation by Shri.Prabir Kumar Mazumder, Kolkata who also happens to be one of our All India Organising Secretaries. His said representation is equally relevant/applicable to all the In-Service employees who are Ex-servicemen (and who are going to retire in future) and who since retired from LIC who were re-employed in LIC as Ex- servicemen.
In exercise of the powers conferred to the Chairman, Life Insurance Corporation of India under Rule 55 of the Life Insurance Corporation of India (Employees) Pension Rules 1995 (hereinafter referred to as ‘Pension Rules’), your good self issued instructions for implementation of Life Insurance Corporation of India (Employees) Pension (Amendment) Rules, 2019 which have been gazetted vide Government of India Gazette Notification No. D L- 33004/99 & 268 dated 23.04.2019.
Be it mentioned herein that during the enactment of Life Insurance Corporation of India (Employees) Pension Rules 1995, a large number of Re-employed Ex-servicemen had not opted for the Pension at that point of time due to certain anomalous Central Civil Services (Pension) Rules,1972 namely Rule 54 (21) of the said Central Civil Services (Pension) Rules . In terms of the said Rule, the families of the Re-Employed Ex-servicemen were debarred from drawing Dual Family Pension. So, while the Ex-servicemen were entitled to draw Double Pension, their families were denied the same for family pension after their death. For the reasons aforesaid, those re-employed Ex-servicemen in Life Insurance Corporation of India were in utter confusion and preferred to remain out of Life Insurance Corporation of India (Employees) Pension Rules, 1995.
The situation stated here in above however changed with effect from 24.09.2012 due to the kind initiative of the Ministry of Finance and Ministry of Defence by which the said anomalous Civil Services (Pension) Rules, 1972 was amended and amended rule was issued by means of Government of India, Ministry of Defence, Department of Ex-Servicemen Welfare, Notification No. 01(05)/2010-D(Pen/Policy) dated 17th January, 2013 and the above decision of the Government of India has duly been acknowledged/implemented by Life Insurance Corporation of India vide Circular issued by the Executive Director (Personnel) under Reference – CO/Per/ER-A/CL 15 dated 19.07. 2013.
Due to the reasons mentioned above, those re-employed Ex-Servicemen in Life Insurance Corporation of India have gracefully opted for the Pension after implementation of Life Insurance Corporation of India (Employees) Pension (Amendment) Rules, 2019. However, those Ex-Servicemen still feel deprived since they have not been granted the Additional Qualifying Service in terms of Rule 27 of Life Insurance Corporation of India (Employees) Pension Rules, 1995.
The said Rule-27 stated above reads as follows :- ” Addition to qualifying service in special circumstances -An employee shall be eligible to add to his service qualifying for superannuation pension (but not for any other class of pension) the actual period not exceeding one-fourth of the length of his service or the actual period by which his age at the time of recruitment exceeded twenty eight years, or a period of five years , whichever is less, if the service or post to which the employee is appointed is one-
(a) for which post-graduate research, or specialist qualification or experience in scientific, technological or professional fields is essential, and
(b) to which candidates of more than twenty-eight years of age are normally recruited;
(c) for which the candidate was given age relaxation over and above the maximum age limit fixed by the Corporation on account of his possessing higher qualification or experience:
Provided that this concession shall not be admissible to an employee unless his actual qualifying service at the time he quits the service in the Corporation is not less than ten years.
Provided further that this concession shall be admissible only if the recruitment rules in respect of the said service or post contain a specific provision that the service or post is one which carries the benefit of this rule”.
Thus, a plain reading of Rule-27 will clearly reveal that Out of the three Options. Rule- 27(b) states that such benefit will be extended to which candidates of more than twenty- eight years of age are normally recruited.
Hence, the Re-Employed Ex-Servicemen in Life Insurance Corporation of India feel deprived as they have not been granted the concession of Additional Qualifying Service in
terms of the above Rule while calculating and computing their fixation of Pension in Life Insurance Corporation of India.
It will not be out of place to mention herein that these Re-Employed Ex-Servicemen are given age-concession by Life Insurance Corporation of India during recruitment in pursuance of the Government Policy. These privileges are extended to them for their selfless contribution in protection of our motherland. In view of such circumstances, those Re-Employed Ex- servicemen feel deprived of such privileges as granted in Rule-27 because no ex-serviceman can be below the age of 28 years (supposing that he has worked in armed services from his 18th age to 28th age) while being recruited in the Services of Life Insurance Corporation of India.
It is pertinent here to note that full pension was granted by VI Pay Commission for those Central Govt employees who complete 20 years’ service. The same provision was given to RBI pensioners as per Gazette Notification dated 12- January 18, 2013.
In view of the above, we would like to reaffirm that power of granting appropriate remedy to these aggrieved Re-Employed Ex-Servicemen is fully within your domain and you will be kind enough to grant such privileges in terms of Rule 27 (b), Rule-55 and Rule-56 all three Rules read together. We strongly believe that Rule 27 (b) is an express provision and there is no necessity to even use your discretionary powers. As such, we implore upon your erudite self to help them to get their legitimate demands fulfilled. I also take the privilege to add here that this particular section of the Employees has contributed a lot for our very own country during the hours of crisis on different occasions and it will be a small token of reward to recognize such contribution from your end.
Anticipating a positive response from you Sir,
With kind regards.