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.
C H Mahadevan