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Wednesday, July 06, 2016

CH Mahadevan



I refer to the post of Mr Anonymous on Rule 56 on Residuary Provisions.


Even though the Central Civil Services (Pension) Rules, 1972, do not
provide for upgradation of pension, while implementing the Fifth
Central Pay commission recommendations on Revisison of pension for
pre-1996 pensioners/family pensioners, the GOI issued an Office
Memorandum dated 27/10/1997 where the very second para states as
follows:



“2.1. These orders apply to all pensioners/family pensioners who
were drawing pension/family pension on 1.1.1996 under the Central
Civil Services (Pension) Rules, 1972, CCS (Extraordinary Pension)
Rules and the corresponding rules applicable to Railway pensioners and
pensioners of All India Services including officers of the Indian
Civil Service, retired from service on or after 1.1.1973.”



Our LIC Pension Rules, 1995 have been notified on the lines of the
Central Civil Services (Pension) Rules, 1972 and whatever changes are
implemented by the Central Government applying to pensioners/family
pensioners who were drawing pension/family pension on 1.1.1996 under
these Rules should be deemed to be covered under Rule 56, viz
Residuary Provisions.



Once a practice of revising the pensions has been decided to be
followed after the Fifth Pay Commission recommendations, the Central
Government has perhaps taken up gradation as a routine precedent
arising out of its OM dated 27/10/1997 CLICK HERE and adopted the same practice after the Sixth Pay Commission recommendations also without any need for reference to the Central Civil Services (Pension) Rules, 1972 in
its OM dated 1/9/2008.It will be erroneous to presume that Rule 56 of
LIC Pension Rules 1995 excludes upgradation because Central Civil
Services(Pension) Rules,1972 are not amended or the said Rules do not
find a mention in the OM dt 1/9/2008 of the Central Government.


If whatever improved benefits extended to the pre-1996 retirees of
the Central Government after the Fifth Pay Commission Recommendation
are not likewise to be extended to LIC Pensioners, what is the need
for the Residuary Provisions under Rule 56 which will remain only a
dumb rule? “Corresponding provisions” should be construed to include
also provisions made as per the Central Government’s Office
Memoranda from time to time by the Central Government for the
benefit of the pensioners governed by the Central Civil Services
(Pension) Rules, 1972.



So it is very difficult to agree with Mr Anonymous that Residuary
Provisions under Rule 56 do not cover upgradation of pension.Such a
view has a dangerous potential to provide an escape route to the GOI
to run away from its legal obligation which should not be provided to
it at any cost.



Greetings.



C H Mahadevan