Delhi High Court has held that the employees of Autonomous Bodies, which are fully funded by the government, cannot be treated at par with the Central Government employees.
In our case though LIC is an autonomous body, means a State within the meaning of Article 12 of the Constitution of India, but it is not funded by the Central Government, therefore, we cannot be treated at par with the employees of the Central Government in the matters of remuneration or retiral benefits for that matter. Therefore, reliance on Rule 56 of the Pension Rules has become nullity and of no benefit to us.
I have always been saying since beginning that CCS (Pension) Rules cannot be of any assistance to us since there is no provision of revision of pensions, it is only the Government in order to catch votes revise the pensions by issue of separate OMs and not by making rules. But no body has taken this into consideration.
Moreover LIC Pay scales are carved out after discussions with and in concurrence of the Unions, therefore, Pay Commissions reports cannot be relied upon.
The employees of CG and State Governments are covered by the Pay Commission reports more particularly when there are two types of salary paid to employees i.e. Grade Pay and Pay Band. In our case there is only one kind pay i.e. Pay Scales, therefore, also the Pay Commissions cannot be a basis for any relief in our SLPs for revision of pensions with the revision of pay scales.
KML Asthana
1 comment:
I would like to differ with you Mr KML Asthana.unlike our pension rule,other autonomous body pension rules are not based on CCS Pension rules where as our pension rule is based on CCS pension rules & as per rule 56 LIC is Leagaly bount to carry modification as as per CCS pension rules modifications.if not done judicial remedy can be sought.The recent judgement of DHC applicable to those pension rules which are not based on CCS pension rules & which do not contain provision such as rule 56.As long as rule 56 not struck down by any courts, it stands legally valid.Please do not interpret yourself what is not envisaged in our pension rules.There is no strong points in your petition such as rule 56 & that is the reason, your petition has been delayed in courts.
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