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1. National Organisation of Insurance Pensioners is the only pensioners' organisation registered under the Indian Trade Union Act, 1926....

Thursday, August 22, 2024

NOIP circular no 22 - 2024

 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.

 President: T.C. Gunesh Kumar General Secretary: Ashok J. Joshi

 Mob No: 9880683639 Mob No: 9561084182 & 9945104570

Date: 31-07-2024

Cir No 22/2024

Dr. Vivek Joshi,

Secretary (DFS),

Jeevan Deep Bldg,

Parliament Street,

New Delhi

Dear Sir,

Sub: Consideration of Training Period for the calculation of Pension and Gratuity in

respect of Development Officers of LIC of India.

With reference to the captioned matter, we would like to bring to your erudite self the following

points, for your kind information and necessary intervention-

✓ Despite our continuous follow up with the LIC officials at Central Office for more than 4

years, the vexed issue of consideration of training period spent by the retired

Development Officers prior to their absorption as a regular Class II officer, for the

purpose of terminal benefits, is not yet resolved.

✓ LIC has issued in the long past, various circulars, to consider the training period spent by

the Class I, III, IV employees, for computation of pension and gratuity etc.

✓ The step motherly attitude being exhibited by LIC in respect of Development Officers, is

not understandable and unfathomable.

✓ The Case reference is of Karnataka High Court, for granting of Gratuities to all class of

employees vide the case WA No. 993 of 2006, H. Ramappa & Ors Vs General Manager,

Sri Yellamma Cotton, Woolen and Silk Mills, Davangere Distt & Ors. The said judgment

avers that if an employee, after successful completion of Apprentice period, is absorbed

in the regular service without break in service, the period spent on Apprentice should be

considered, for all terminal benefits including gratuity.

✓ The same case is with our development officers. After completing Apprentice

Development Officers’ Training period (ADO period), in almost all cases (who satisfy

qualifying conditions), they are put on probation without break in service.

✓ Rule 20 of LIC of India (Employees’) Pension Rules, 1995, inter alia states unequivocally-

“Counting of period spent on training- period spent by an employee on training in the Corporation immediately before his appointment or re-deployment or re-appointment

shall count as qualifying service”.

✓ We reliably learn that, LIC had considered positively the above said HC’s judgment, way

back in 2011 and 2014 and had decided to consider the training period of all Classes of

employees from Class I to IV, as a qualifying service for computation of terminal

benefits. But, much to our chagrin, it was not applied to Development Officers, who

bring bread and oxygen to the LIC by way of New Business.

✓ This is done in clear violation of Article 14 of the Constitution of India.

As such, we implore upon you to intervene in the matter and advise the LIC management

suitably, to undo this gross injustice and oblige.

We anticipate your earliest positive response in the matter,

With thanks and regards,

Yours Sincerely,

General Secretary

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