You have rightly cited the D S Nakara judgment to say that it does not
provide upgradation of pension.But if we go deep into the details of the
judgment,it states under the same pension scheme,there cannot be two
different classes of pensioners.
In our LIC Pension Rules 1995,there
have been two classes of pensioners created by insertion of Rule 55B
whereby retired officers in the cadre of Chairman & MDs are treated
on more beneficial terms in the matter of pension benefits including
upgradation than retired employees in the lower cadres.This clearly
constitutes discrimination attracting the principle followed in D S
Nakara judgment.
So I do not agree with you that we have no case for
upgradation.We definitely have a strong case for at least being
covered by the CCS Pension Rules 1972 as the retired officers covered by
Rule 55B.
Kind regards.
C H Mahadevan
Columbus(OH)USA
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