Thursday, 21 January 2016

New AAO recruits, think twice before joining LIC of India

          Recently, LIC of India has advertised for recruitment of AAOs, in the newspapers. Most of you, who think that LIC's is a lucrative job with bright career prospects; and are eligible candidates; will fill in the forms. 
         
          Here's a warning. BEWARE! The reasons for exercising caution are as follows:
If selected, LIC of India will give you appointment letters, stating your expected salary, with a statement in brackets, saying, 'Wage Revision Due'.
But if you leave LIC within 3 years, you won't get the arrears due to wage revision and will be left high and dry. You'll run from pillar to post for your legally rightful dues, but won't get any response from LIC or you'll get the hackneyed response that 'as per rules, you are not eligible for arrears' payment.'
In every Charter of wage revision, LIC includes a Clause 3 1 ii)/b) which states that resigning employees will not get the arrears. This is in spite of the fact that the Supreme Court has declared this Clause to be ultra vires, in 2008.
In effect, if you stick around with LIC for a minimum of 20 years, you'll get the arrears, but if you leave before 20 years, even by one day, you won't get the arrears.
So friends, think carefully whether you'll continue to serve in LIC for so long and only then apply for the job. This is especially for the Direct Recruits as Assistant Administrative Officers in LIC of India.
If you are applying for other jobs in the Government Sector, simultaneously, and get some call letter from them after joining LIC, and decide to take up that offer and resign from LIC, you will not get the arrears payment because of LIC's Clause, as above-mentioned.

Let me give you an instance:
Mr. X joined LIC in 2013 and left in 2015, to join the Income Tax Department as an Income Tax Officer. As per the wage revision Gazette of 2016, he will not get arrears for those two years, in spite of having been on the salary roll of the Corporation!

This injustice has been going on since 1st August, 1997.

My sincere advice is that think not only twice but 2000 times before joining LIC of India. And if you do join, serve for full 20 years at least!
**********************************************************************************


 Kindly refer to my blog post dated 14.04.2015, as follows:

                 No mention of repudiation in the appointment letters!
         In the appointment letters to the employees, nowhere is it mentioned that the employees can't leave service, or that their arrears' payments will be repudiated if they leave service of the Corporation. So how can this clause be introduced, that too with retrospective effect? If at all it has to be introduced, it could be with prospective effect and the same should be mentioned in the appointment letters.
          In fact, some employees who joined LIC in the recent years, have been given appointment letters stating that the wage revisions are due, meaning that they will be eligible for the same when they are notified. But when they resigned from LIC, they were denied the arrears' payments! Shouldn't they have been informed about the repudiation's clause, beforehand, so that they could've made an informed decision?
          Likewise, even after their resignation letters were received by LIC, they should've been intimated accordingly, with respect to this clause. The fact that LIC regularly accepts resignations without doing so, indicates that LIC is not playing fair. It can easily keep the resignations pending and accept them after the notification is made public, so that they aren't deprived of their hard-earned dues.
         The Supreme Court has declared this clause itself to be ultra vires, meaning 'beyond reach' of the Chairman's powers. But obviously, LIC's management thinks that it is beyond any law of the Nation! It is a law unto itself!
          Besides, the Finance Ministry too ratifies this unjust clause in the Wage Arrears' Notification, every 5 years, since 2000; without considering the Supreme Court's judgement.
          LIC, (and the Finance Ministry), it's time for some serious introspection!




Tuesday, 19 January 2016

LIC's Wage Revision Charter, 2016

MINISTRY OF FINANCE

(Department of Financial Services)

(INSURANCE DIVISION)

New Delhi, the 14th January, 2016

G.S.R. 28(E).—In exercise of the powers conferred by section 48 of the Life Insurance Corporation

Act, 1956 (31 of 1956), the Central Government hereby makes the following rules further to amend the Life

Insurance Corporation of India, Class I Officers (Revision of Terms and Conditions of Service) Rules, 1985,

1. (1) These rules may be called the Life Insurance Corporation of India, Class I Officers (Revision of

Terms and Conditions of Service) Amendment Rules, 2016.

(2) Save as otherwise provided in these rules, these rules shall be deemed to have come into force on

(3) These rules shall be applicable to those Class I Officers who were in the whole-time salaried

the 1st day of August, 2012.

service in the permanent establishment of the Corporation on or after the 1st August, 2012:

Provided that where any Class I Officer gives a notice in writing to the Corporation, within a

period as specified by the Corporation, expressing his option to be governed by the provisions

of these rules from a date not earlier than the date on which the said rules come into force and

not later than the date of publication of this notification in the Official Gazette, then the

Corporation may, by order, permit such Officer to be governed by the said rules with effect

from the said date and no arrears for the period prior to the date so opted shall be payable to

6 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(i)]

Provided further that the officers whose resignations had been accepted or whose services had

been terminated under rule 39 of Life Insurance Corporation of India (Staff) Rules, 1960

during the period from the 1st August, 2012 to the date of publication of this notification in the

Official Gazette, shall not be eligible for the arrears on account of revision.


2. In the Life Insurance Corporation of India, Class I Officers (Revision of Terms and Conditions of

Service) Rules, 1985 (hereinafter referred to as the principal rules), for rule 4, the following rule shall

be substituted, namely :-

 "4. Scales of Pay of Class I Officers.─ The scale of pay of the Class I Officers shall be as under :─

(1) (i) Zonal Managers (a) Ordinary Scale :

 (ii) Chief Engineers/ Rs 89095-2685(8)-110575

 Rs 99835-2685(2)-105205-2880(1)-108085-

 3150(1)-111235-3265(4)-124295

 (2) (i) Deputy Zonal Managers/

 Senior Divisional Managers Rs 79605-2300(3)-86505-2590(6)-102045

 (ii) Deputy Chief Engineers/

Chief Architects (b) Selection Scale :

 Deputy Chief Architects

(3) (i) Divisional Managers

 (ii) Superintending Engineers/ Rs 65805-2300(9)-86505

 Senior Surveyors of Works/

 Senior Architects

 (4) (i) Assistant Divisional Managers/

 Senior Branch Managers

 (ii) Executive Engineers/ Rs 53725-1610(1)-55335-1745(6)-65805-

 Surveyors of Works/ 2300(4)-75005

Deputy Senior Architects

 (5) (i) Administrative Officers/

 Branch Managers

 (ii) Assistant Executive Engineers/ Rs 44065-1610(7)-55335-1745(6)-65805

 Assistant Surveyors of Works/

Architects

 (6) (i) Assistant Administrative Officers/

 Assistant Branch Managers Rs 32795-1610(14)-55335-1745(4)-62315

 (ii) Assistant Engineers/

 Assistant Architects

1Hkkx IIμ[k.M 3 (i)o Hkkjr dk jkti=k % vlk/kj.k 7

Note : A separate seniority list shall be maintained in respect of Officers appointed to posts specified

3. In rule 5 of the principal rules,─

in entry (ii) under various serial numbers.”.

(a) for sub-rule (1), the following sub-rule shall be substituted, namely:-

‘(1) The scale of dearness allowance applicable to Class I Officers shall be determined as

 (a) Index : All India Average Consumer Price Index Number for Industrial Workers.

 (b) Base : Index No.4708 in the series 1960=100.

 (c) Rate : For every four points in the quarterly average of the All India Consumer Price Index above

4708 points, a Class I Officer shall be paid dearness allowance at the rate of 0.10 % of Pay.

Explanation.- For the purposes of this clause, “Pay" means the basic pay including

additions to the basic pay after reaching maximum of the scale as provided under rule

4A of these rules.’;

(b) in sub-rule(2), for the figures and words "2944 points in the sequence of 2944-2948-

2952-2956", the figures and words "4708 points in the sequence of 4708-4712-4716-

4720" shall be substituted .

4. In rule 6 of the principal rules, for sub-rule (1), the following sub-rule shall be substituted, namely :-

 ‘(1) The House Rent Allowance applicable to Class I Officers, except those who have been

allotted residential accommodation by the Corporation, shall be as under:-

(1) (2) (3)

Cities of Mumbai, Kolkata, Chennai, New Delhi,

Noida, Faridabad, Ghaziabad, Gurgaon, Navi

Mumbai, Hyderabad, Bengaluru and other cities

with population of 45 lakhs and above.

(2) Cities with population exceeding 12 lakhs, but

less than 45 lakhs and, except those mentioned at

Sl. No. (1) and any city in the State of Goa.

(3) Other places. 7% of Pay.subject to the

Notes.─ for the purpose of this sub-rule,─

(i) the population figures shall be as per the latest Census Report;

(ii) cities shall include their urban agglomerations; and

(iii) “pay” means basic pay, additions to basic pay under Rule 4A and Fixed Personal

Allowance under Rule 9A.’.

5. For rule 7 of the principal rules, the following rule shall be substituted, namely:-

‘7. City Compensatory Allowance.─ The City Compensatory Allowance payable to Class I

Officers shall be as under:-

(1) (2) (3)

(i) Cities of Mumbai, Kolkata, Chennai, New Delhi,

Noida, Faridabad, Ghaziabad, Gurgaon, Navi

Mumbai, Hyderabad, Bengaluru and other cities

with population of 45 lakhs and above.

8 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(i)]

6. For rule 7A of the principal rules , the following rule shall be substituted, namely :-

(ii) Cities with population exceeding 12 lakhs, but

less than 45 lakhs and, except those mentioned at

Sl. No. (i) and any city in the State of Goa.

(iii) Cities with population of five lakhs and above but

not exceeding twelve lakhs, State Capitals with

population not exceeding twelve lakhs,

Chandigarh, Mohali, Pondicherry, Port Blair, and

Panchkula.

Note.─for the purposes of this rule,─

(i) the population figures shall be as per the latest Census Report;

(ii) cities shall include their urban agglomerations; and

(iii) "pay" means basic pay plus additions to basic pay under rule 4A.’.

“7A Hill Allowance.─ The scales of Hill Allowance payable to Class I Officers shall be as

(1) (2) (3)

Posted at placed situated at a height of 1,500

meters and over above mean sea level

Posted at places situated at a height of 1,000

meters and over but less than 1,500 meters above

mean sea level, at Mercara and at places which

are specifically declared as ‘Hill Stations’ by

Central or State Governments for their

employees.

Posted at places situated at a height of not less

than 750 meters above mean sea level which are

surrounded by and accessible only through hills

with height of 1000 meters and over above mean

sea level.

7. In rule 7B of the principal rules, for the letters and figures “Rs. 300/-” the letters and figure

 “Rs500/-” shall be substituted.

8. In rule 7C of the principal rules, for the letters and figures “Rs 680/-,” the letters and figure

 “Rs. 1130/-,” shall be substituted.

9. In rule 9B of the principal rules, for the letters and figures “Rs.800/-,” the letters and figure

 “Rs.1330/-,” shall be substituted.

10. In rule 9D of the principal rules, for the letters and figures “Rs 110/-,” the letters and figure

 “Rs. 185/-,” shall be substituted.

 [F. No. S-11012/01/2013-Ins. I]

1Hkkx IIμ[k.M 3 (i)o Hkkjr dk jkti=k % vlk/kj.k 9

EXPLANATORY MEMORANDUM

1. The Central Government has accorded approval to revise the terms and conditions of service of Class

I Officers of Life Insurance Corporation of India with effect from the dates specified in the

notification. The Life Insurance Corporation of India Class I Officers (Revision of Terms and

Conditions of Service) Rules, 1985 are being amended accordingly with effect from these dates as

specified in the notification.

2. It is certified that no employee of the Life Insurance Corporation of India is likely to be affected

adversely by the notification being given retrospective effect.


Note .─ The principal rules were published in the Gazette of India, Extraordinary, vide notification number

G.S.R.794(E), dated the 11th October, 1985 and subsequently amended vide G.S.R.960(E), dated the

th December, 1987; G.S.R.493(E), dated the 22nd April, 1988; G.S.R.872(E), dated the 22nd August,

1988, G.S.R.711(E), dated the 25th July, 1989; G.S.R.816(E),dated the 11th October, 1990;

G.S.R.324(E),dated the 10th March, 1992; G.S.R.53(E),dated the 2nd February, 1994; G.S.R.597(E),

dated the 30th June, 1995; G.S.R.94(E),dated the 16th February, 1996; G.S.R.286(E),dated the 18th

July, 1996; G.S.R.530(E),dated the 27th August, 1998; G.S.R.612(E),dated the 30th August, 1999;

G.S.R.550 (E),dated the 22nd June, 2000; G.S.R.287 (E), dated the 27th April,2004; G.S.R.559(E),

dated the 5th September, 2005; G.S.R.305 (E),dated the 25th April,2007; G.S.R. 631 (E),dated the 2nd

September, 2009; G.S.R.824(E), dated the 8th October,2010.

Source: Internet (http://sapost.blogspot.in)

************************************************************************************
 Dear friends,

Kindly note that the same Clause 3 1, Part ii) has been included in this Charter, just like the previous Charters, in spite of the Supreme Court declaring it to be ultra vires
Similarly, the foot-note states that no employee will be adversely affected by the retrospective wage revision.

So the broad day-light robbery of the resigning employees' legally rightful dues, (their arrears and difference in Retirement Benefits); by LIC of India, continues, regardless of the Supreme Court's verdict. Isn't this blatant Contempt of Court?

The Finance Ministry too, toes LIC's line, blissfully unaware!

Is this omission or commission? You decide!
                                                                                                                      Priya