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Monday, May 30, 2016

MC JAIN CASE - CH MAHADEVAN'S REPLY


Mr B S Gopalakrishna’s remembrance is correct. The M C Jain case
judgment has got implications for all Class I Officers who were in the
Class on 1/8/1992 and retired after 1/4/1993 or died thereafter. I
reproduce the following remarks that I had circulated soon after the
SLP was dismissed by the Supreme Court:


"READING BETWEEN THE LINES OF THE MC JAIN CASE JUDGMENT

Wider Implications flowing from the judgment

1. These benefits will also have to be extended to similarly place
retired Class I Officers.

2. It is presumed that the benefits of the judgment will also be
available to spouses of Class I Officers who unfortunately died
between 1/8/1992 and the date of retirement due before 1/4/1993 , if
the former are being paid family pension

3. Even when refixation of pension is done from 1/11/1993,DR
anomaly will persist which has to be removed in terms of the Jaipur
SJB Order dt 12/1/2010 where re-fixed basic pension exceeds Rs 2400 ;
unless the DR anomalies are removed ,there will be no tangible
benefit to this category of pensioners from this judgment.

4. Salary revision will also have to be done for Class I
pensioners who retired after 1/4/1993 w.e.f 1/8/1992 with
consequential benefits like revision of pension ,if any; In-service
Class I Officers who entered the cadres before 1/8/1992 will also
be entitled to the salary revision w.e.f. 1/8/1992 and arrears on
account of difference in salary from August 1992 to March 1993 ;

5. In respect of Class I Officers who retired after 1/4/1993 and
died thereafter, the spouse/nominee will be entitled to difference in
salary from August 1992 to March 1993, and difference in pension up
to the date of death and also refixation of family pension as well
as the arrears of family pension from the date of death of the
retired officer.

6. In respect of family pensioners, where regular Class I
pensioners retired between 1/8/1992 and 31/3/1993 expired during
that period, Family Pension will also have to be revised besides
payment of arrears of salary from 1/8/1992 ;

7. Also family pensioners where the officers entered the Class
I cadre before 1/8/1992 and continued in service till their death
after 1/4/1993 will be entitled for arrears of revised salary due
from 1/8/1992 to 31/3/1993, and revised family pension from the date
of death of the officer;

8. Interestingly, Class I Officers who were appointed to the post
of MD or Chairman (from among Class I Officers in LIC) after 1/4/1993
will also be beneficiaries of this judgment."

Now that we are in the thick of our final legal battle for
upgradation of pension in the Delhi High Court, we have to address
the above-said issues through dialogue with the LIC Management or
through ultimate separate legal fight if warranted separately
after the Delhi HC judgment is delivered and the matter is finally
settled even perhaps after an appeal in the Supreme Court thereafter
by the aggrieved parties.The more practical proposition is for the
MC Jain category pensioners to pursue the matter separately through
a case filed in the Supreme Court."

Greetings.
C H Mahadevan