The Rule 2(o)(iv) has been amended by the Notification dated 14/5/1999 to make the sub-rule applicable only to Chairman & MDs with effective date 1/11/1993.
So all pre-August 1997 retirees who retired after 1/8/1992 are not eligible to get the benefit of merger of DA at CPI 1148 except the Chairman & MDs of LIC as per the above Notification.
But I believe that arising out of the proviso added in the Notification dt 14/5/1999 to the sub-rule, for those Class I Officers who retired within nine months in and after April 1993, LIC must have added the appropriate DA to the pre-April 1993 while arriving at the average emoluments for the last ten months to fix the basic pension payable from 1/11/1993.
Of course, as per the M C Jain case judgment, all those who retired between 1/8/1992 and 31/3/1993 should have got the benefit of fixation of revised scales of pay while determining the basic pension payable from 1/11/1993, but it was done only for Mr M C Jain.
Arising out of the M C Jain case judgment, not only the similarly placed retirees as Mr M C Jain , but also retired Class I Officers who were in service as at 31/7/1992, but retired any time after 1/4/1993 would be entitled to have been fixed at the revised scales of pay from 1/8/1992 itself and paid arrears of difference in salary for the nine months from August 1992 to March 1993.But that requires submitting an application or petition in Supreme Court as it occurs to me . The legally qualified persons will be able to throw light on that point.
If we are able to win our case for upgradation of pension, we may ignore that option.
C H Mahadevan
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