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Friday, August 01, 2014

MC JAIN vs LIC OF INDIA judgment and implications

Dear Mr Krishna Rao,

I do not think that this judgment will help us to get stage to stage fixation of pension. This judgment only provides relief to 92-93 Class I retirees by way of correct fixation of pension w.e.f 1/11/1993 besides revision of salary w.e.f 1/8/1992 which they were denied at the first instance.
Stage to stage fixation of pension can only be achieved if the Jaipur Single Judge Bench order of 12/1/2010 is implemented by LIC which has been reinforced by Chandigarh HC judgment specifying upgradation on 1/8/2002 and ordering interest payment @ 12% p.a.
But according to me, once the judgment in the M C Jain case is implemented by LIC, by wider implication, Class I Officers retired after 1/4/1993 will also have to be given the benefit of revision of salary w.e.f 1/8/1992 instead of the actual effective date 1/4/1993 and pay arrears of salary for 8 months with consequential benefit of PF.
Let us wait and see what LIC does in the matter.
Kind regards.
C H Mahadevan