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: 27-02-2025
Cir No 07/2025
The Chief Executive Officer & MD,
LIC of India, Central Office,
“Yogakshema”, MUMBAI.
Respected Sir,
Re: Huge recovery in terminal benefits of Ex-Servicemen consequent upon CO Circular Ref: CO/PER/ERA/147/2017 dtd. 08/01/2027.
We are perplexed, rather pained to note the contents of the captioned circular that has a devastating
effect on the ex-servicemen serving and retired as well, for so many wrong reasons depicted here below-
➢ Circular is dated 08-01-2017 but retrospectively sought to be implemented for those who are reemployed in LIC on or after 01-01-2006. This is illogical, obnoxious, punitive and bad in law and
does not stand the scrutiny of any justifiable reasoning.
➢ This is taken on the dotted lines decided by the IBA for ex-servicemen re-employed in PSU banks.
➢ It is stated that the said circular is issued under the instructions of DFS! We are equally concerned
to know, as to how the DFS gave such instructions, blatantly violating all the norms of equity,
reasonableness and fairness. (we are separately taking up the issue with DFS through Bharatiya
Mazdoor Sangh).
➢ It is reported to us that in no banks, the so-called guidelines prepared by the IBA, are so far
implemented. This being the fact, why the LIC has jumped into the immediate action mode, by
calling for the excess amount to be remitted and by starting monthly recovery in salary of inservice employees and lumpsum recovery from the terminal benefits in respect of those who have
since retired, after the issue of captioned circular.
➢ Retrospectively implementing the said circular and going back by almost 11 years, violates the
contract of employment and conditions thereof. Not only that, this is a big financial blow on the
ex-servicemen who have guarded the borders of our motherland. Really, this circular is in a very
bad taste and worth condemnation.
➢ We are dealing with one such case of our member Shri. Nikhil Chandra Sarkar, Retired Assistant,
S R No 356613 of Howrah Division, who has since retired and his terminal benefits are withheld
despite the stay granted by the Calcutta H C.
➢ Nikhil Chandra Sarkar is a co-petitioner in WPA 29350 of 2017 of Calcutta H C, which has given the
stay order for recovery. This Stay Order continues since 2017 on the impugned Circular of LICI not
only in Calcutta H. C. but in different High Courts of India, till date. The Hon'ble Supreme Court in
para 12 of the Order of a land mark judgement in the context of similar nature of more than 100
SLPs, have given Order on 18.12.2014, which is followed as Judicial Precedent in all the Courts of
India in similar nature of cases since then. Para 12 of the same specifies categorically, in which type of cases, financial recoveries from employees are Impermissible and Illegal and can't be done
at all. Nikhil Chandra Sarkar is fully covered under those clauses.
In view of the above facts and submissions, we implore upon you1) To withdraw the captioned circular forthwith,
2) If you are so insistent, fresh circular can be issued giving prospective effect on or after
08-01-2017.
3) To advise the SDM, Howrah Division to release all the terminal benefits in respect of Shri.
Nikhil Chandra Sarkar and also to advise accordingly all other operating offices, where such
cases have arisen.
We fervently hope that your erudite self would immediately issue necessary instructions and
oblige.
With thanks and regards,
Yours Sincerely,
General Secretary
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