MC JAIN CASE: CH MAHADEVAN WRITES TO LIC FOR EARLY IMPLEMENTATION

19/7/2014

The Executive Director (Personnel),
LIC of India, Central Office,”Yogakshema”
Mumbai-400021

Dear Sir,

Re:Supreme Court Order dt 2/7/2014 in the case of LIC vs M C Jain

Kindly find attached the Supreme Court Order dt 2/7/2014 dismissing the SLP No 16713/2014 of LIC filed against the Jaipur Division Bench judgment of Rajasthan High Court dated 17/12/2012.

I also attach the note prepared by me on the wider implications of the afore-sited Supreme Court Order for the petitioners and also similarly placed retired Class I & II Officers and other Class I Officers( both in-service and retired) who were in Class I/Class II cadre as at 1/8/1992 and consequential benefits to family pensioners. 

Incidentally, in my view, the present Chairman and Managing Directors of the Corporation are implied beneficiaries of the judgment in a restricted sense.

I am sure that the Corporation will objectively implement the judgment at the earliest providing the benefits flowing to all the direct and indirect beneficiaries.

I am writing this letter because I consider myself as also an implied beneficiary of the judgment ,being entitled to arrears of difference in salary for the period from 1/8/1992 to 31/3/1993, even though I retired only on 31/1/2002, as I believe that the Corporation will not discriminate between those retired before 31/3/1993 and those who retired thereafter.

Thanking you,
Yours faithfully,
C H Mahadevan
Executive Director (LIC) (Retd)
Cc to Chairman,LIC of India,Mumbai , for kind information and appropriate action

Click here to read Shri Mahadevan's Note (already published in Chronicle).

LIC’s SLP (Civil) 16713 / 2014 has been reportedly dismissed by Supreme Court

1. As a result,LIC has to refix the salary of Mr M C Jain on 1/8/1992 and arrears of difference in salary have to be paid for the months from  Aug 1992 to March 1993;

2. Pension has to be refixed based on revised scale of pay from 1/11/1993;

3. Arrears of difference in pension from 1/11/1993 till date have to be paid.

4. Difference in commuted value of pension has to be paid on account of revision of pension;

5. Restoration of consequential difference in commuted value of pension to be done from the date of completion of 15 years from the date commutation became absolute;

READING BETWEEN THE LINES OF THE MC JAIN CASE JUDGMENT

Other Implications flowing from the judgment

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

2. 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 ;

3. Salary revision will also have to be done for Class I pensioners & Class II pensioners who retired after 1/4/1993 w.e.f 1/8/1992 with consequential benefits like revision of pension ,if any;

4. In-service Class I Officers & Class II 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 & Class II 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 & Class II 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 & Class II 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. The benefit of the judgment will also have to be extended to Class II Officers who became Class I Officers after 1/8/1992 

9. 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.