KRISHNA MURARI LAL ASTHANA Vs. UNION OF INDIA

JUDGEMENT

(1.) These two writ petitions involve common issues, thus are being heard and decided by this order.

(2.) The petitioners are those who retired from the service of Life Insurance Corporation of India (for short 'the LIC of India'). First ground raised by the petitioners and common in both the writ petitions is regarding discrimination in grant of pensionary benefits. It is stated that on 28.6.1995, LIC of India (Employees) Pension Rules, 1995 (for short 'the Pension Rules') were notified. THE Pension Rules were made applicable to the employees, who were in service of the respondent Corporation on or after 1.1.1986, on their exercising options to be governed by the Pension Rules and refunding the contribution of provident fund with interest. For those employees, who retired after 28.6.1995, the Pension Rules were made compulsory. Chapter - IV of the Pension Rules provides rates of pension. Rule 35(2) of the Pension Rules provides that if an employee, has completed qualifying service of not less than 33 years, then his pension would be 50% of the average emoluments. THE grievance of the petitioners is in regard to the grant of dearness allowance, inasmuch as, dearness allowance benefit has been attached on the basic pension and not on the basic pay. To clarify the above, it is submitted that benefit of dearness allowance after revision of the pay scale in the year 1996 was provided as under:-

(3.) The other issue raised in S.B. Civil Writ Petition No.6676/1998 - Krishna Murari Lal Asthana vs. Union of India and Others pertains to non-grant of benefit of stagnation increment.