There is provision of updation of pension as expressed in rule 35(1). but no express provision for application of rule to
be used at the time of each subsequent wage revisions. Instead of extending the benefits to all pensions at the of subsequent wage revision
of 31/7/2002 after the enactment of pension rules Govt has introduced clause 3(A) and subsequently clause 3(b) and then finally
authorisation of similar action at each wage revision .Please notice that at the time of each wage revisions two steps are taken
first updation that is merging the basic salary with DA as on 31 july . This is updation and this does not give any rise in gross wages
as the DA component of gross wage becomes zero .
The second step is increase of monthly pay out as per agreement .On account of this all the employees get the dearness allowance
at common rate and eliminates the possibility of different DA structure depending upon the date of recruitment of the employees
unfortunately updation is not allowed to pensioners at the time of each wage revision as a result which there are different categories of pensioners getting different DR on different DR structure which is dependent on the date of retirement.
This has given rise to inequalities in quantum of GROSS PENSION
The matter is also pointed out in para 22 of supreme court court order on 31/3/2016.by the hon court and interim payment was
made to pensions .
The basic issue is govt/ L I C can not create different criteria for commutation of DR/DA for pensioners when basic rules were same
The employees get uniform DA structure irrespective of date of entry into LIC while pension get DR structure which is dependent
on date of retirement . The only group of pensioner get DR common with employees is those who retire on or after 1/7/2017
It noteworthy that the index base on 31/7/2017 is 6325 and .LIC HAS CORRECTED DR BASE TO 66325 FOR THE EX GRATIA PENSIONERS
Recently in family pensions issue on common rate of 30 percent was allowed in place of 15/20/30
When this is done why one criteria for common DA/DR structure with common base of 6325 be allowed to all pensioners ?
Needless to add that delhi high court has ignored the provisions of 35(A)
N K UPADHYAY
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