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Thursday, 20 December 2018

Implementation of DHC judgment by LIC on Minimum Pension Upgradation

Recently,I got data on arrears paid by LIC for two family pensioners  arising out of minimum pension  upgradation ordered by DHC.
When I went through the calculations made by LIC,I noticed some mistakes committed by LIC by not revising the basic family pension as required by the DHC. I have made fresh calculations in these two cases and requested Mr R K Sahni -who is conversant with Excel calculations-to check my calculations so that we may appropriately submit before SC . If the mistakes are confirmed,there is a likelihood that the software for calculations must have been flawed and there must have been mistake in payments in all cases where they have paid arrears on minimum pension upgradation.
Interestingly,in one of the cases,the arrears have been paid from May 2002 ,which is an earlier effective date than 29/1/2007 which was taken as the effective date for payment of DR arrears.
As the both the items of partial relief have been ordered by the DHC have emanated from the same set of  Writ Petitions ,this changed effective date for payment of minimum pension arrears should give us a handle to submit before SC for issuing a direction to LIC to pay the difference of  DR arrears from 18/12/1998 to 28/1/2007 also with interest.
Another aspect which I noticed was,as these two cases relate class III retirees.in the scale of HGA from 1/8/1997 to 31/7/1992, there were two stages above last pay threshold for minimum pension,and they don't get the benefit of upgradation.The family pensioners of such deceased retirees get less gross pension in October 2018 even though prior to minimum pension upgradation such family pensioners would have got more than minimum pensioners.This throws up an anomaly which can be used as an additional ground for upgradation of regular pension.
I request pensioners to let me have data on minimum pension upgradation settled by which they might have come across,so that I can verify calculations in those cases also and we can effectively submit before SC.
Greetings.
C H Mahadevan

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