The issue of the eligibility to the higher cadre benefit when a retiring officer was placed in the higher scale before retirement.

I saw your letter written to Mr Awasthi where you have raised the issue of the eligibility to the higher cadre benefit when a retiring officer was placed  in the higher scale before retirement.

I am of the view that there is no scope for any doubt on the issue.When an officer is placed on a higher scale during the short period before retirement he/she should be deemed to have retired in the higher cadre only.If Ex gratia payment is denied on the ground that the person was not actually promoted, it will be unconstitutional as he/she is placed in the higher cadre scale because he/she was promotable as otherwise there was no need for such a provision.It should be remembered -for example- that a retired officer in the cadre of ADM  placed in the scale of DM before retirement  is receiving the pension of a DM based on the formula of 50% of average emoluments for the last 10 months of service.

If any retired officer  is denied the benefit of ex gratia applicable to  the higher cadre, it will be questionable legally ,constitutionally and morally.If any officer in this category is denied the benefit, it has to be challenged by all pensioners' Associations concertedly.

C H Mahadevan  .