Respected Shri Mahadevan Sahab,
Your
observations are perfectly alright. As per Para 1 (2) of the
notification [LIC of India Class 1 Officers (Revision of Terms and
Conditions of Service) (Amendment) Rules, 1996 dated 18/7/1996] the
provision of amended Rules are deemed to have come in force on the 1st
Day of August 1992. As regards arrears of different constituents of
wages, those are effective from different dates.
For Example, foot note
to revised Rule 4 (dealing with revised pay scales) provides that no
arrears for the period from 1/8/1992 to 31/3/1993 to be paid for the
officers.
Similarly foot note to revised Rule 5 dealing with DA also
contains the same provision. Arrears of HRA and CCA, are to be paid from
1/8/1993,
Gratuity as per revised pay was payable from 1/8/1994, which
was further revised vide another notification dated 30/8/1994 to
24/5/1994 and finally to 1/4/1993 as per Court's order.
In
Shri M C Jain's case these provisions are discussed and interpreted by Rajasthan HC in detail and the benefit of revised pay was
allowed from 1/8/1992 for those who retired or died before 31/3/1993 as
they were not allowed the option provided in Para 1 (2) of the
notification dated 18/7/1996.
In Kerala HC, MC Jain's case was
not assailed, though it was stated in the petition, and hence the
judgment was against the pensioners. In the Appeal, hopefully this point
would have been emphasized.
Regards,
M P Agnihotri.
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