High Court of KeralaSingle Judge2022-08-25Partially Allowed

In the High Court of Kerala at Ernakulam - W.P.(C) Nos. 32144/2017 and connected cases (LIC pay refixation for re-employed ex-servicemen)

Case / Petition Number:WP(C) Nos. 32144/2017, 35749/2017, 37445/2017, 37632/2017, 37656/2017, 38239/2017, 38533/2017, 40175/2017, 40725/2017 and 1438/2018, 1602/2018, 21430/2018

Neutral Citation:/

Case Details & Bench

Court: High Court of Kerala
Hon'ble Judges: The Hon. Mrs. Justice Anu Sivaraman
Judgment Date: 2022-08-25
Court Decision / Holding: The writ petitions are allowed in part. The impugned orders directing refixation of basic pay with retrospective effect from the date of appointment are set aside. Refixation shall be prospective and can have effect only from 6 January 2017, i.e., the date of the LIC decision following government directions. The amounts recovered due to arrears from retrospective refixation shall be refunded. LIC shall recompute pay, if necessary, within three months from the date of receipt of this judgment and ensure that all benefits arising from this declaration are released within that period.
Final Disposition: Partially Allowed

Parties to the Case

Appellants / Petitioners

Sunny V.
Chandran S.
Mohammed Iqbal C.A.
Sasikumar A.
Venu Kavile Veettil
Tharun Kumar M
Rajesh.K.G
Anilkumar S.
Jayaraj M.Nair
Madhu V.S.
Sajeevan A.M.
Shaji George
Sebastian P.T.
Suresh N.C.
Boben.K.John
Gireesh J
Unnikrishnan V.
Ajmal A
Kurian P.M.
Saji S
Krishna Pillai K.S.
P.C. Gopakumar
Manoj P.G.
Anil Kumar V.B.

Respondents

Life Insurance Corporation of India (Central Office), Yogakshema, Jeevan Bheema Marg, Mumbai-400021
Senior Divisional Manager LIC of India, Divisional Office, Jeevan Prakash, Kozhikode/ Thiruvananthapuram as applicable
Union of India represented by its Secretary to Government, Ministry of Finance, Department of Financial Services, New Delhi

Legal Representation & Advocates

Counsels for Petitioners

• C. E. Unnikrishnan
• M. P. Prabhakaran Palakkad
• Varghese P. Chacko
• Manoj Ramaswamy
• C. H. Abeena
• Sanjana R. Nair
• S. Manu
• S. Easwaran

Counsels for Respondents

• S. Easwaran
• S. Manu

Case Synopsis & Summary

This batch of writ petitions, heard by a single judge, challenges LIC’s 6 January 2017 refixation of pay for re-employed ex-servicemen recruited under LIC’s direct recruitment quota. Petitioners submit that LIC fixed basic pay using their last drawn armed-forces pay, including components such as military service pay and dearness allowance, and then proceeded to recover arrears based on retroactive refixation. They rely on Supreme Court precedents (e.g., State of Punjab and others v. Rafiq Masih) to argue for prospective pay fixation and no recovery for past periods. LIC and the government contended that the issue has been settled by this Court’s Division Bench in W.A. No. 2094/2019, which upheld pay refixation as legal, albeit with prospective effect from the date of government directions. The court, after considering the pleadings, relied on the Division Bench’s reasoning in W.A. No. 2094/2019 and found that the earlier retrospective refixation cannot stand. The writ petitions are allowed in part: retroactive fixation is set aside; fixation will be prospective from 6 January 2017, and arrears recovered due to retroactive fixation must be refunded. LIC must recompute pay within three months, and all benefits shall be released within that period.

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioners contend that LIC’s fixation of pay on 6 January 2017, reversing the last drawn Armed Forces pay to basic pay, and the subsequent retrospective recovery are unjustified. They rely on Supreme Court precedents, particularly State of Punjab and others v. Rafiq Masih (White Washer), and argue that refixation should not be retroactive and that the pay structure given on re-employment should be protected from retroactive adjustment. They urge prospective fixation from the date of LIC’s decision in 2017 and demand refund of any arrears collected due to retrospective refixation. They also argue that the Division Bench decisions in W.A. No. 2094/2019 provide a controlling framework, hence the present petitions deserve relief by setting aside retrospective refixation and directing remedial action by LIC within a fixed timeframe.

Contentions of Respondents

The respondents maintain that the issue of pay refixation has been settled by the Division Bench of this Court in W.A. No. 2094/2019, which affirmed the legality of pay refixation and its basis in government directions and LIC guidelines. They rely on the 6th Pay Commission recommendations, Indian Bank Association guidelines, and other related communications indicating that fixation could be retrospective as per those directives. They argue that the petitions should be decided consistent with the Division Bench’s findings and that the central government directives permit refixation with prospective effect from the date of the decision.

Cited Precedents (2)

Case Name	Citation	Treatment	Explanation
State of Punjab and others v. Rafiq Masih (White Washer)	2014 KHC 4818	Mentioned Only	Cited in pleadings to support arguments on long-past refixations; the court ultimately relies on the Division Bench decision in W.A. No. 2094/2019 for the operative reasoning.
W.A. No. 2094/2019	W.A. No. 2094/2019	Positive	Division Bench decision followed and applied; principles and circulars are deemed identical and binding for outcome in these petitions.

Diagnostic Tool

Beta

Does this judgment govern your specific facts?

Don't risk relying on a distinguishable precedent. Enter your facts or proposition below. We will test it against In the High Court of Kerala at Ernakulam - W.P.(C) Nos. 32144/2017 and connected cases (LIC pay refixation for re-employed ex-servicemen) and instantly map out authorities that support, challenge, or govern your position.

Extracted Judgment Text

Exact text extracted from official judgment records.

# **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN** **THURSDAY, THE 25[TH] DAY OF AUGUST 2022 / 3RD BHADRA, 1944** **WP(C) NO.32144 OF 2017** ## **- PETITIONERS :** 1 SUNNY V., AGED 48 YEARS, S/O.LATE K.A. VASU, VAISAKHAM, VARANADU (PO), CHERTHALA, ALAPPUZHA DISTRICT. 2 CHANDRAN S., AGED 55 YEARS, S/O.LATE K.A.SUPRAN, KAITHAKATTU HOUSE, 18/1986B, VALUMMEL ROAD, THOPPUMADY, KOCHI-682 005. 3 MOHAMMED IQBAL C.A., AGED 51 YEARS, S/O.C.B.ABDUL KHADIR, BUKHARI MANZIL, PANAYIKKULAM, ERNAKULAM DISTRICT. BY ADVS. SRI.C.E.UNNIKRISHNAN SRI.M.P.PRABHAKARAN PALAKKAD ## **- RESPONDENTS :** 1 THE LIFE INSURANCE CORPORATION OF INDIA CENTRAL OFFICE, YOGAKSHEMA, JEEVAN BHEEMA MARG, MUMBAI-400 021 REPRESENTED BY ITS CHAIRMAN. 2 THE SENIOR DIVISIONAL MANAGER LIC OF INDIA, DIVISIONAL OFFICE, JEEVAN PRAKASH, ERNAKULAM, COCHIN-682 011. 3 UNION OF INDIA REPRESENTED BY ITS SECRETARY TO GOVERNMENT, MINISTRY OF FINANCE, DEPARTMENT OF FINANCIAL SERVICES, JEEVAN DEEP BUILDING, PARLIAMENT STREET, NEW DELHI-110 001. BY ADV SRI.S.EASWARAN, SC BY SRI.S.MANU, ASGI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21.07.2022, ALONG WITH WP(C).37445/2017 AND CONNECTED CASES, THE COURT ON 25.08.2022 DELIVERED THE FOLLOWING: WP(C) Nos.32144/2017 and connected cases -: 2 :- ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN** **THURSDAY, THE 25[TH] DAY OF AUGUST 2022 / 3RD BHADRA, 1944** **WP(C) NO.35749 OF 2017** ## **- PETITIONER :** SASIKUMAR A., AGED 52 YEARS S/O.SANKARAN NAIR, "AYODHYA", MANGALAMKUNNU, KATTUKULAM P.O., PALAKKAD, PIN-679 514. BY ADV SRI.VARGHESE P.CHACKO ## **- RESPONDENTS :** 1 UNION OF INDIA REPRESENTED BY THE PRINCIPAL SECRETARY TO THE MINISTRY OF FINANCE, JEEVAN DEEP BUILDING, PARLIAMENT STREET, NEW DELHI-110 011. 2 THE LIFE INSURANCE CORPORATION OF INDIA REPRESENTED BY ITS CHAIRMAN, CENTRAL OFFICE, YOGAKSHEMA, JEEVAN BHEEMA MARG, MUMBAI-486 021. 3 SENIOR DIVISION MANAGER, LIC OF INDIA KOZHIKODE-673 001. 4 THE BRANCH MANAGER, LIC OF INDIA PERINTHALMANNA BRANCH, KIDANGU ROAD, PERINTHALMANNA-679 322. BY ADVS. SRI.S.MANU, ASGI SRI.S.EASWARAN, SC, LIC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21.07.2022, ALONG WITH WP(C).32144/2017 AND CONNECTED CASES, THE COURT ON 25.08.2022 DELIVERED THE FOLLOWING: WP(C) Nos.32144/2017 and connected cases -: 3 :- ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN** **THURSDAY, THE 25[TH] DAY OF AUGUST 2022 / 3RD BHADRA, 1944 WP(C) NO.37445 OF 2017** ## **- PETITIONER :** 1 VENU KAVILE VEETTIL, AGED 47 YEARS S/O. P.V KUNHIRAMAN, SR. NO. 585318, CASHIER, LIC OF INDIA, PAYYANNUR BRANCH RESIDING ATKAVIL HOUSE, MAVICHERY, PAYYANNUR - 670 307. 2 JAYESH KUMAR K.N., AGED 46 YEARS S/O.C.K. NARAYANA PANICKER, SR. NO. 585265, HGA, LIC OF INDIA, NILAMBUR BRANCH, RESIDING AT 'SREENILAYAM, CHENAPARAMBU, FEROKE - 673 631. 3 UNUS V.M., AGED 45 YEARS S/O. HUSSAIN V.M, SR, NO. 585319, HGA, LIC OF INDIA, NILAMBUR BRANCH, RESIDING AT AKKARA KARAKATH, ELATHUR, KOZHIKODE - 673 303. 4 DILEEP KUMAR K.V., AGED 46 YEARS S/O. K.K. VIJAYAN, SR. NO. 585257, HGA(PROGRAMMER), LIC OF INDIA, SULTHAN BATHERY BRANCH, RESIDING AT P.KANAVULLYPADATHU HOUSE, POTHADI, (PO), KENICHIRA, WAYANAD. 5 SAJEEVAN A.M., AGED 46 YEARS S/O.K. BALAN NAMBIAR, SR. NO. 585297, AAO LIC OF INDIA, PERAMBRA BRANCH, RESIDING AT ARAVALLAM MULLIL HOUSE, AVITANALLUR, KOZHIKODE - 673 614. BY ADVS. SRI.C.E.UNNIKRISHNAN SRI.M.P.PRABHAKARAN PALAKKAD ## **- RESPONDENTS :** 1 LIFE INSURANCE CORPORATION OF INDIA CENTRAL OFFICE, YOGAKSHEMA, JEEVAN BHEEMA MARG, MUMBAI – 400 021, REPRESENTED BY ITS CHAIRMAN. WP(C) Nos.32144/2017 and connected cases -: 4 :- 2 THE SENIOR DIVISIONAL MANAGER LIC OF INDIA, DIVISIONAL OFFICE, JEEVAN PRAKASH, KOZHIKODE - 673 001. 3 UNION OF INDIA REPRESENTED BY ITS SECRETARY TO GOVERNMENT, MINISTRY OF FINANCE, DEPARTMENT OF FINANCIAL SERVICES, JEEVAN DEEP BUILDING, PARLIAMENT STREET, NEW DELHI - 110 001. BY ADVS. SRI.S.EASWARAN, SC, LIC SRI.MANU S., ASG OF INDIA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21.07.2022, ALONG WITH WP(C).32144/2017 AND CONNECTED CASES, THE COURT ON 25.08.2022 DELIVERED THE FOLLOWING: WP(C) Nos.32144/2017 and connected cases -: 5 :- ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN** **THURSDAY, THE 25[TH] DAY OF AUGUST 2022 / 3RD BHADRA, 1944** **WP(C) NO.37632 OF 2017** ## **- PETITIONER :** MR.THARUN KUMAR M, AGED 47 YEARS S/O.P.BALAKRISHNA KURUP, MANOTH HOUSE, KURIAKKALAD P O, VADAKARA, KOZHIKODE, PIN – 673 104. BY ADV SRI.VARGHESE P.CHACKO ## **- RESPONDENTS :** 1 UNION OF INDIA REPRESENTED BY THE PRINCIPAL SECRETARY TO THE MINISTRY OF FINANCE, JEEVAN DEEP BUILDING, PARLIAMENT STREET, NEW DELHI – 110 011. 2 THE LIFE INSURANCE CORPORATION OF INDIA REPRESENTED BY ITS CHAIRMAN, CENTRAL OFFICE, YOGAKSHEMA, JEEVAN BHEEMA MARG, MUMBAI – 486 021. 3 SENIOR DIVISIONAL MANAGER LICE OF INDIA, KOZHIKODE – 673 001. 4 THE BRANCH MANAGER LIC OF INDIA, VADAKARA BRANCH, OPPOSITE TOWN HALL, VADAKARA, KOZHIKODE, PIN – 673 101 BY ADVS. SRI.S.MANU, ASGI SRI.S.EASWARAN, SC, LIC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21.07.2022, ALONG WITH WP(C).32144/2017 AND CONNECTED CASES, THE COURT ON 25.08.2022 DELIVERED THE FOLLOWING: WP(C) Nos.32144/2017 and connected cases -: 6 :- ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN** **THURSDAY, THE 25[TH] DAY OF AUGUST 2022 / 3RD BHADRA, 1944** **WP(C) NO.37656 OF 2017** ## **- PETITIONER :** RAJESH.K.G, AGED 47 YEARS S/O.GOPIKAIMAL, SR.NO.585292, ASSISTANT, LIC OF INDIA, ALATHUR BRANCH, RESIDING AT 'ANAGHAM', KANNADI, KANNANNNUR, PALAKKAD- 670 307. BY ADVS. SRI.C.E.UNNIKRISHNAN SRI.M.P.PRABHAKARAN PALAKKAD ## **- RESPONDENTS :** 1 THE LIFE INSURANCE CORPORATION OF INDIA CENTRAL OFFICE, YOGAKSHEMA, JEEVANBHEEMA MARG, MUMBAI-400 021, REPRESENTED BY ITS CHAIRMAN. 2 THE SENIOR DIVISIONAL MANAGER LIC OF INDIA, DIVISIONAL OFFICE, KOVILAKATHU PADAM, THIRUVAMPADY.P.O., THRISSUR- 680 022. 3 UNION OF INDIA REPRESENTED BY ITS SECRETARY TO GOVERNMENT, MINISTRY OF FINANCE, DEPARTMENT OF FINANCIAL SERVICES, JEEVAN DEEP BUILDING, PARLIAMENT STREET, NEW DELHI-110 001. BY ADVS. SRI.S.EASWARAN, SC, LIC SRI.S.MANU, ASGI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21.07.2022, ALONG WITH WP(C).32144/2017 AND CONNECTED CASES, THE COURT ON 25.08.2022 DELIVERED THE FOLLOWING: WP(C) Nos.32144/2017 and connected cases -: 7 :- ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN** **THURSDAY, THE 25[TH] DAY OF AUGUST 2022 / 3RD BHADRA, 1944 WP(C) NO.38239 OF 2017** ## **- PETITIONERS :** 1 ANILKUMAR S., AGED 50 YEARS S/O. P.G.SURENDRA PANICKER, SR.NO.537983, CASHIER, F & A DEPARTMENT, DIVISIONAL OFFICE, LIC OF INDIA, THIRUVANANTHAPURAM, RESIDING AT "SOORYAGAYATHRI", D-41, LAKSHMI NAGAR, PATTOM, THIRUVANANTHAPURAM - 695 004. 2 JAYARAJ.M.NAIR, AGED 42 YEARS S/O. A.J.MADAHAVAN NAIR, SR.NO. 538027, CASHIER, DIVISIONAL OFFICE, LIC OF INDIA, THIRUVANANTHAPURAM,'MADHAVAM', K.P.20/181 C, VNRA-17, VINAYAKA NAGAR, MUKKOLAKKAL, THIRUVANANTHAPURAM - 695 043. 3 MADHU V.S., AGED 49 YEARS S/O. K.M. THRIVIKRAMAN NAIR, SR NO. 537981, ASSISTANT, DIVISIONAL OFFICE, LIC OF INDIA, THIRUVANANTHAPURAM, RESIDING AT 'SAROJA BHAVAN', THEKKUMKARA, NEDUMANGAD - 695 541. BY ADVS. SRI.C.E.UNNIKRISHNAN SRI.M.P.PRABHAKARAN PALAKKAD ## **- RESPONDENTS :** 1 LIFE INSURANCE CORPORATION OF INDIA CENTRAL OFFICE, YOGAKSHEMA, JEEVAN BHEEMA MARG., MUMBAI – 400 021 REPRESENTED BY ITS CHAIRMAN. 2 THE SENIOR DIVISIONAL MANAGER LIC OF INDIA, DIVISIONAL OFFICE, JEEVAN PRAKASH, THIRUVANANTHAPURAM - 695 004. 3 UNION OF INDIA REPRESENTED BY ITS SECRETARY TO GOVERNMENT, MINISTRY OF FINANCE, DEPARTMENT OF FINANCIAL SERVICES, JEEVAN DEEP BUILDING, PARLIAMENT STREET, WP(C) Nos.32144/2017 and connected cases -: 8 :- NEW DELHI - 110 001. BY SRI.S.EASWARAN, SC, LIC BY SRI.S.MANU, ASGI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21.07.2022, ALONG WITH WP(C).32144/2017 AND CONNECTED CASES, THE COURT ON 25.08.2022 DELIVERED THE FOLLOWING: WP(C) Nos.32144/2017 and connected cases -: 9 :- ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN THURSDAY, THE 25[TH] DAY OF AUGUST 2022 / 3RD BHADRA, 1944 WP(C) NO.38533 OF 2017** ## **- PETITIONERS :** 1 BOBEN.K.JOHN, AGED 51 YEARS S/O. LATE K.C JOHN, SR.NO.538019, ASSISTANT, CBO-1, LIC OF INDIA THIRUVANANTHAPURAM, RESIDING AT T.C 8/1425, ANC-17, ARCHANA NAGAR, PONGUMMOODU, MEDICAL COLLEGE P.O, THIRUVANANTHAPURAM - 695 011 2 GIREESH J S/O. P JANARDHANAN PILLAI, SR.NO.537984, ASSISTANT, LIC OF INDIA, CHATHANNOOR BRANCH, RESIDING AT MEDAYILVEEDU, POZHIKKARA, KONGAL, PARAVUR, KOLLAM - 697 003. 3 UNNIKRISHNAN V., AGED 50 YEARS S/O. LATE VELAYUDHAN NAIR, SR.NO.537979, LIC OF INDIA, KILIMANUR BRANCH, RESIDING AT KRISHNASRI, CHOOTTAYIL, KILIMANUR - 695 601. BY ADVS. SRI.C.E.UNNIKRISHNAN SRI.M.P.PRABHAKARAN PALAKKAD ## **- RESPONDENTS :** 1 THE LIFE INSURANCE CORPORATION OF INDIA CENTRAL OFFICE, YOGAKSHEMA, JEEVAN BHEEMA MARG, MUMBAI - 400 021 REPRESENTED BY ITS CHAIRMAN. 2 THE SENIOR DIVISIONAL MANGER LIC OF INDIA, DIVISIONAL OFFICE, JEEVAN PRAKASH, PATTOM, THIRUVANANTHAPURAM - 695 004. 3 UNION OF INDIA REPRESENTED BY ITS SECRETARY TO GOVERNMENT, MINISTRY OF FINANCE, DEPARTMENT OF FINANCIAL SERVICES, WP(C) Nos.32144/2017 and connected cases -: 10 :- JEEVAN DEEP BUILDING, PARLIAMENT STREET, NEW DELHI - 110 001. BY SRI.S.EASWARAN, SC BY SRI.S.MANU, ASGI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21.07.2022, ALONG WITH WP(C).32144/2017 AND CONNECTED CASES, THE COURT ON 25.08.2022 DELIVERED THE FOLLOWING: WP(C) Nos.32144/2017 and connected cases -: 11 :- ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN** **THURSDAY, THE 25[TH] DAY OF AUGUST 2022 / 3RD BHADRA, 1944** **WP(C) NO.40175 OF 2017** ## **- PETITIONER :** P.C. GOPAKUMAR, AGED 46 YEARS S/O. P. CHANDRASEKHARAN NAIR, WORKING AS HIGHER GRADE ASSISTANT, P.S. DEPARTMENT, S. R. NO. 537980, LIC OF INDIA, KARUNAGAPPALLY BRANCH, KOLLAM,RESIDING AT: SMRA-99, THEMBAZHUTHU VEEDU, MANAYIL KULANGARA, KOLLAM DISTRICT-691 012. BY ADVS. SRI.MANOJ RAMASWAMY SMT.C.H.ABEENA SMT.JOLIMA GEORGE SMT.SANJANA R.NAIR ## **- RESPONDENTS :** 1 UNION OF INDIA REPRESENTED BY ITS SECRETARY TO GOVERNMENT, MINISTRY OF FINANCE, DEPARTMENT OF FINANCIAL SERVICES, JEEVAN DEEP BUILDING, PARLIAMENT STREET, NEW DELHI-110 001. 2 LIFE INSURANCE CORPORATION OF INDIA CENTRAL OFFICE, YOGAKSHEMA, JEEVAN BHEEMA MARG, MUMBAI-400 021, REPRESENTED BY ITS CHAIRMAN. 3 THE SENIOR DIVISIONAL MANAGER LIC OF INDIA, DIVISIONAL OFFICE, JEEVAN PRAKASH, PATTOM, THIRUVANANTHAPURAM-695 004. BY ADVS. SRI.MANU S., ASGI SRI.S.EASWARAN, SC, LIC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21.07.2022, ALONG WITH WP(C).32144/2017 AND CONNECTED CASES, THE COURT ON 25.08.2022 DELIVERED THE FOLLOWING: WP(C) Nos.32144/2017 and connected cases -: 12 :- ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN** **THURSDAY, THE 25[TH] DAY OF AUGUST 2022 / 3RD BHADRA, 1944 WP(C) NO.40725 OF 2017** ## **- PETITIONER :** KRISHNA PILLAI K.S., AGED 49 YEARS S/O.LATE SRI.K.K.SUBRAMANIA PILLAI, WORKING AS HIGHER GRADE ASSISTANT, O.S. DEPARTMENT S.R. NO.538000, LIC OF INDIA, NEDUMANGAD BRANCH OFFICE (CODE 78N), NEDUMANGAD.P.O., THIRUVANANTHAPURAM- 695 541. RESIDING AT TC 6/715, 'KRISHNA KRIPA, SNRA 45, SIVASAKTHINAGAR, THURUVIKKAL.P.O., MEDICAL COLLEGE.P.O., THIRUVANANTHAPURAM- 695 011. BY ADVS. SRI.MANOJ RAMASWAMY SMT.SANJANA R.NAIR ## **- RESPONDENTS :** 1 UNION OF INDIA REPRESENTED BY ITS SECRETARY TO GOVERNMENT, MINISTRY OF FINANCE, DEPARTMENT OF FINANCIAL SERVICES, JEEVAN DEEP BUILDING, PARLIAMENT STREET, NEW DELHI-110 001. 2 LIFE INSURANCE CORPORATION OF INDIA CENTRAL CIRCLE, YOGAKSHEMA, JEEVAN BHEEMA MARG, MUMBAI-400 021,REPRESENTED BY ITS CHAIRMAN. 3 THE SENIOR DIVISIONAL MANAGER LIC OF INDIA DIVISIONAL OFFICE, JEEVAN PRAKASH, PATTOM, THIRUVANANTHAPURAM - 695 004. BY ADVS. SRI.S.MANU, ASGI SRI.S.EASWARAN, SC, LIC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21.07.2022, ALONG WITH WP(C).32144/2017 AND CONNECTED CASES, THE COURT ON 25.08.2022 DELIVERED THE FOLLOWING: WP(C) Nos.32144/2017 and connected cases -: 13 :- ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN** **THURSDAY, THE 25[TH] DAY OF AUGUST 2022 / 3RD BHADRA, 1944** **WP(C) NO.1438 OF 2018** ## **- PETITIONER :** MANOJ.P.G., AGED 47 YEARS S/O.LATE V.GOPALKRISHNAN, SR.NO.537973, HIGHER GRADE ASSISTANT, LIC OF INDIA, BRANCH-1, KOLLAM, RESIDING AT 'NAVYAM', 215, SRIBHADRA NAGAR, ULIYAKOVIL, KOLLAM- 691 019 BY ADVS. SRI.C.E.UNNIKRISHNAN SRI.M.P.PRABHAKARAN PALAKKAD ## **- RESPONDENTS :** 1 THE LIFE INSURANCE CORPORATION OF INDIA CENTRAL OFFICE, YOGAKSHEMA, JEEVANBHEEMA MARG, MUMBAI-400 021 REP. BY ITS CHAIRMAN 2 THE SENIOR DIVISIONAL MANAGER LIC OF INDIA, DIVISIONAL OFFICE, JEEVAN PRAKASH, PATTOM, THIRUVANANTHAPURAM - 695 004 3 UNION OF INDIA REP. BY ITS SECRETARY TO GOVERNMENT, MINISTRY OF FINANCE, DEPARTMENT OF FINANCIAL SERVICES, JEEVAN DEEP BUILDING, PARLIAMENT STREET, NEW DELHI- 110 001 BY ADVS. SRI.S.EASWARAN, SC, LIC SRI.S.MANU, ASGI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21.07.2022, ALONG WITH WP(C).32144/2017 AND CONNECTED CASES, THE COURT ON 25.08.2022 DELIVERED THE FOLLOWING: WP(C) Nos.32144/2017 and connected cases -: 14 :- ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN** **THURSDAY, THE 25[TH] DAY OF AUGUST 2022 / 3RD BHADRA, 1944 WP(C) NO.1602 OF 2018** ## **- PETITIONER :** AJMAL A, AGED 46 YEARS, S/O.ALIKUNJU M.K., WORKING AS HIGHER GRADE ASSISTANT (ADMIN), CLAIMS DEPARTMENT, LIC OF INDIA, KOTTARAKKARA BRANCH, KOLLAM DISTRICT. RESIDING AT : ASHISH VILLA, KANNAM CODE, ADOOR, PATHANAMTHITTA DISTRICT. BY ADVS. SRI.MANOJ RAMASWAMY SMT.C.H.ABEENA SMT.JOLIMA GEORGE SMT.SANJANA R.NAIR ## **- RESPONDENTS :** 1 UNION OF INDIA REPRESENTED BY ITS SECRETARY TO GOVERNMENT, MINISTRY OF FINANCE, DEPARTMENT OF FINANCIAL SERVICES, JEEVAN DEEP BUILDING, PARLIAMENT STREET, NEW DELHI – 110 001. 2 LIFE INSURANCE CORPORATION OF INDIA CENTRAL OFFICE, YOGAKSHEMA, JEEVAN BHEEMA MARG, MUMBAI – 400 021, REPRESENTED BY ITS CHAIRMAN. 3 THE SENIOR DIVISIONAL MANAGER LIC OF INDIA DIVISIONAL OFFICE, JEEVAN PRAKASH, PATTOM, THIRUVANANTHAPURAM – 695 004. BY ADVS. SRI.S.MANU, ASGI SRI.S.EASWARAN, SC, LIC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21.07.2022, ALONG WITH WP(C).32144/2017 AND CONNECTED CASES, THE COURT ON 25.08.2022 DELIVERED THE FOLLOWING: WP(C) Nos.32144/2017 and connected cases -: 15 :- ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN** **THURSDAY, THE 25[TH] DAY OF AUGUST 2022 / 3RD BHADRA, 1944 WP(C) NO.21430 OF 2018** ## **- PETITIONERS :** 1 ANIL KUMAR V.B., AGED 50 YEARS S/O. BHASKARAN G., SR.NO.577604, ASSISTANT, LIC OF INDIA, KAYAMKULAM BRANCH, RESIDING AT VALLYATHU VEEDU, ELIPPAKULAM, PALLICKAL-690 503, ALAPPUZHA DIST. 2 KURIAN P.M., AGED 50 YERS, S/O. VARKEY MATHAI, SR.NO. 577593, HGA, LIC OF INDIA, MUNDAKKAYAM BRANCH, RESIDING AT PULPAKUNNEL HOUSE, ANDOOR, MARANGATTUPALLY-686 635, KOTTAYAM DIST. 3 SAJI S, AGED 46 YEARS, S/O. SEKARAN NAIR.M.R, SR.NO.577645, HGA, LIC OF INDIA, KAYAMKULAM BRANCH, RESIDING AT SAROVARAM HOUSE, PEROOR, ETTUMANOOR - 686 637, KOTTAYAM DIST. 4 SHAJI GEORGE, AGED 49 YEARS, S/O. K.K O.F GEORGE, SR.NO.577657, HGA, LIC OF INDIA, NEDUMGANDAM BRANCH, RESIDING AT OZHAKKAL HOUSE, KANCHIYAR - 685 511, IDUKKI DIST. 5 SEBASTIAN P.T., AGED 56 YEARS, SR. NO. 577658, ASSISTANT, LIC OF INDIA, RANNI BRANCH, RESIDING AT POTTOMPLACKAL, KANDAYANIKKADU-686 541, KOTTAYAM DIST. 6 SURESH N.C., AGED 49 YEARS, SR.NO.577621, ASSISTANT, LIC OF INDIA, KOTTAYAM-II BRANCH, RESIDING AT BEENA NIVAS, PATTITHANAM, ETTUMANOOR - 686 631, KOTTAYAM DIST. BY ADVS. SRI.C.E.UNNIKRISHNAN SRI.M.P.PRABHAKARAN PALAKKAD WP(C) Nos.32144/2017 and connected cases -: 16 :- ## **- RESPONDENTS :** 1 LIFE INSURANCE CORPORATION OF INDIA CENTRAL OFFICE, YOGAKSHEMA, JEEVAN BHEEMA MARG, MUMBAI-400 021 REPRESENTED BY ITS CHAIRMAN. 2 THE SENIOR DIVISIONAL MANAGER LIC OF INDIA, DIVISIONAL OFFICE, JEEVAN PRAKASH, NAGAMPADOM, KOTTAYAM - 686 001 3 UNION OF INDIA REPRESENTED BY ITS SECRETARY TO GOVERNMENT, MINISTRY OF FINANCE, DEPARTMENT OF FINANCIAL SERVICES, JEEVAN DEEP BUILDING, PARLIAMENT STREET, NEW DELHI - 110 001. BY ADV SRI.S.EASWARAN, SC, LIC BY SRI.S.MANU, ASGI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21.07.2022, ALONG WITH WP(C).32144/2017 AND CONNECTED CASES, THE COURT ON 25.08.2022 DELIVERED THE FOLLOWING: WP(C) Nos.32144/2017 and connected cases -: 17 :- ## **JUDGMENT** ## **W.P.(C) Nos.32144, 35749, 37445, 37632, 37656, 38239, 38533, 40175 & 40725 of 2017 and 1438, 1602 & 21430 of 2018 Dated this the 25th day of August, 2022** Heard the learned counsel for the petitioners and the learned Standing Counsel appearing for the Life Insurance Corporation of India (for short, 'the LIC'). 2. The essential relief claimed in these writ petitions are against the orders refixing the pay of the petitioners who are re-employed ex-servicemen. The petitioners were appointed in the service of the LIC under the direct recruitment quota reserved for ex-servicemen category. The last pay of the petitioners in the Armed Forces was calculated including components like military service pay, grade pay, dearness allowance, etc. and the LIC had fixed their basic pay, taking into account all the ingredients of pay as per their last pay certificate in the Armed Forces. The petitioners had entered the service of the LIC as Assistants with effect from 1.6.2009 except the petitioner in W.P.(C) No.37632/2017, who entered the service on 26.10.2009. While so, proceedings dated 6.1.2017 were issued by the LIC refixing the basic pay WP(C) Nos.32144/2017 and connected cases -: 18 :- of the petitioners and directing recovery from their salary. The refixation and recovery are under challenge in these writ petitions. 3. The learned counsel for the petitioners have placed reliance on the various decisions of the Apex Court regarding refixation and recovery after long periods of time, including the decision of the Apex Court in **State of Punjab and others** v. **Rafiq Masih (White Washer)** [2014 KHC 4818] and contend that the refixation and recovery is unjustifiable. It is further contended that the refixation is not applicable to the employees of the LIC since it was on the basis of directions issued by Indian Banks Association. 4. The learned Standing Counsel appearing for the LIC would contend that the issue with regard to refixation of pay stands settled by a judgment of a Division Bench of this Court. It is submitted that the Division Bench had set aside the judgment of the learned Single Judge and had affirmed the manner in which the pay of the petitioners had been fixed. However, the bank, which was the appellant in the matter, had stated that no recovery is being effected from the WP(C) Nos.32144/2017 and connected cases -: 19 :- amounts paid to the petitioners by reason of wrong fixation of pay. 5. Having considered the contentions advanced, I am of the opinion that though the judgment in W.A.No.2094 of 2019 was in respect of re-employed Ex-servicemen in the Punjab National Bank, the principles as well as the circulars which were considered are identical in this case as well. On a writ petition being filed by re-employed ex-servicemen, the learned single Judge had set aside the orders which directed re-fixation of pay. However, after considering the contentions of the parties and other factual aspects of the matter, the Division Bench came to the conclusion that the revision of pay, as carried out by the impugned orders in question was perfectly legal and valid. However, it was held that the orders and circulars could have only prospective effect and that recovery from anterior dates would not be justified. 6. In the instant cases also, the LIC had passed orders on 6.1.2017 refixing the pay drawn by the petitioners with effect from the date of their entry in service, which is under challenge. The contentions are also identical. I find no reason WP(C) Nos.32144/2017 and connected cases -: 20 :- to depart from the findings of the Division Bench in W.A. No.2094/2019. In the result, the writ petitions are allowed in part. The impugned orders to the extent they direct refixing of the petitioners' basic pay with retrospective effect from the date of their appointments is set aside. The refixation shall be prospective and can have effect only from the date of the decision taken by the LIC on the directions of the Central Government, that is, 6.1.2017. The amounts recovered from the arrears of pay due to the petitioners on account of the retrospective operation of the refixation shall be duly released to the petitioners. Any refixation which is found necessary consequent to these directions shall be carried out by the LIC, without fail, within a period of three months from the date of receipt of a copy of this judgment and all benefits of this declaration shall also be released to the petitioners within the said time limit. With regard to the contention raised in these writ petitions that the directions of the Government are not binding on them and that there can be no refixation of pay at WP(C) Nos.32144/2017 and connected cases -: 21 :- all, the said contentions are repelled since there is no challenge raised to the directions on any sustainable grounds. **Sd/ANU SIVARAMAN JUDGE** Jvt/25.7.2022 WP(C) Nos.32144/2017 and connected cases -: 22 :- ## **APPENDIX OF WP(C) 32144/2017** PETITIONER EXHIBITS |EXHIBIT P1:|TRUE COPY OF THE COMMUNICATION P&IR DATED| |---|---| ||26.8.2010.| |EXHIBIT P2:|TRUE COPY OF THE COMMUNICATION P&IR DATED| ||2.8.2010.| |EXHIBIT P3:|TRUE COPY OF THE COMMUNICATION P&IR DATED| ||8.10.2010.| |EXHIBIT P4:|TRUE COPY OF THE COMMUNICATION P&IR DATED| ||19.8.2017.| |EXHIBIT P5:|TRUE COPY OF THE COMMUNICATION P & IR DATED| ||19.8.2017.| |EXHIBIT P6:|TRUE COPY OF THE COMMUNICATION P&IR DATED| ||19.8.2017.| |EXHIBIT P7:|TRUE COPY OF THE PROCEEDINGS REF CO/PER/ER-| ||A/147/2017 DATED 6.1.2017 OF THE 2ND| ||RESPONDENT.| |EXHIBIT P8:|TRUE COPY OF THE RELEVANT EXTRACT OF THE| ||RECOMMENDATIONS OF THE 6TH PAY COMMISSION.| |EXHIBIT P9:|TRUE COPY OF THE RELEVANT EXTRACT OF THE| ||RECOMMENDATIONS OF THE 6TH PAY COMMISSION.| |EXHIBIT P10:|TRUE COPY OF THE PROCEEDINGS NO.1(30)/2008/D| ||(PAY) SERVICES DATED 30.8.2008.| |EXHIBIT P11:|TRUE COPY OF THE RELEVANT PORTION OF THE| ||COMMUNICATION NO.1/S/2008 DATED 11.10.2008.| |EXHIBIT P12:|TRUE COPY OF RELEVANT EXTRACT OF THE| ||RECOMMENDATIONS OF THE INDIAN BANK ASSOCIATION.| |EXHIBIT P13:|TRUE COPY OF THE COMMUNICATION OF MINISTRY OF| ||DEFENCE NO.1/69/2008/D DATED 24.7.2009.| WP(C) Nos.32144/2017 and connected cases -: 23 :- EXHIBIT P14: TRUE COPY OF THE ORDER OF CHIEF INFORMATION COMMISSION IN FILE NO.CIC/SM/A/2013/900 520 DATED 14.8.2003. EXHIBIT P15: TRUE COPY OF THE COMMUNICATION FROM DEPT:O.S.DATED 25.9.2017. EXHIBIT P16: TRUE COPY OF THE REPRESENTATION DATED 25.09.2017 BY THE IST PETITIONER TO THE 2ND RESPONDENT. EXHIBIT P17: TRUE COPY OF THE REPRESENTATION DATED 25.9.2017 BY THE 2ND PETITIONER TO THE 2ND RESPONDENT. EXHIBIT P18: TRUE COPY OF THE REPRESENTATION DATED 25.9.2017 BY THE 3RD PETITINER TO THE 2ND RESPONDENT. EXHIBIT P19: TRUE COPY OF THE INTERIM ORDER DATED 23.3.2017 IN WPC NO.9976/2017. EXHIBIT P20: TRUE COPY OF THE INTERIM ORDER DATED 23.6.2016 IN WPC 11457/2016. RESPONDENT EXHIBITS EXHIBIT R1(a) TRUE COPY OF GUIDELINES ISSUED BY THE GOVERNMENT OF INDIA WITH FILE NO 4/3/2012 DEPARTMENT OF FINANCIAL SERVICES (WELFARE) DATED 17.2.2014 WP(C) Nos.32144/2017 and connected cases -: 24 :- ## **APPENDIX OF WP(C) 35749/2017** PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE CIRCULAR NO.ZD/687/ASP/89 DATED 02.06.1989. EXHIBIT P2 TRUE COPY OF THE LETTER NO.P&IR/FIXATION DATED 08.10.2010 HEADED FIXATION OF YOUR PAY ON REEMPLOYMENT IN LIC. EXHIBIT P3 TRUE COPY OF THE OPTION/APPENDIX-B NO.P&IR/FIXATION DATED 08.10.2010. EXHIBIT P4 TRUE COPY OF THE LETTER NO.P&IR/FIXATION DATED 28.09.2017 HEADED FIXATION OF YOUR PAY DIVISON RE-EMPLOYMENT IN LIC.DIVIS EXHIBIT P5 TRUE COPY OF THE REPRESENTATION DATED 24.10.2017 FILED BY THE PETITIONER. EXHIBIT P6 TRUE COPY OF THE REPLY LETTER NO.P&IR DATED 27.10.17 HEADED FIXATION OF SALARY OF EXSERVICEMAN RE-EMPLOYED IN LIC OF INDIA ON OR AFTER 01.01.2006. EXHIBIT P7 TRUE COPY OF THE DIVISAPPEAL/REPRESENTATION DATED 30.10.2017 FILED BY THE PETITIONER BEFORE THE ZONAL MANAGER LIC. EXHIBIT P8 TRUE COPY OF THE COMMUNICATION DATED 13.11.17 ISSUED BY THE LIC REGARDING RE-FIXATION OF THE BASIC PAY. RESPONDENT EXHIBITS EXHIBIT R1(a) TRUE COPY OF GUIDELINES ISSUED BY THE GOVERNMENT OF INDIA WITH FILE NO 4/3/2012 DEPARTMENT OF FINANCIAL SERVICES (WELFARE) DATED 17.2.2014 WP(C) Nos.32144/2017 and connected cases -: 25 :- ## **APPENDIX OF WP(C) 37445/2017** ## PETITIONER EXHIBITS |EXHIBIT P1|TRUE COPY OF THE COMMUNICATION P & IR DATED| |---|---| ||28.09.2017 ISSUED TO THE 1ST PETITIONER.| |EXHIBIT P2|TRUE COPY OF THE COMMUNICATION P & IR DATED| ||28.09.2017 ISSUED TO THE 2ND PETITIONER.| |EXHIBIT P3|TRUE COPY OF THE COMMUNICATION P & IR DATED| ||28.09.2017 ISSUED TO THE 3RD PETITIONER.| |EXHIBIT P4|TRUE COPY OF THE COMMUNICATION P & IR DATED| ||28.09.2017 ISSUED TO THE 4TH PETITIONER.| |EXHIBIT P5|TRUE COPY OF THE COMMUNICATION P & IR DATED| ||28.09.2017 ISSUED TO THE 5TH PETITIONER.| |EXHIBIT P6|TRUE COPY OF THE PROCEEDINGS REF CO/PER/ER-| ||A/147/2017 DATED 06.01.2017 OF THE 2ND| ||RESPONDENT.| |EXHIBIT P7|TRUE COPY OF THE RELEVANT EXTRACT OF THE| ||RECOMMENDATIONS OF THE 6TH PAY COMMISSION.| |EXHIBIT P8|TRUE COPY OF THE RELEVANT EXTRACT OF THE| ||RECOMMENDATIONS OF THE 6TH PAY COMMISSION.| |EXHIBIT P9|TRUE COPY OF THE PROCEEDINGS NO. 1(30)/2008/D| ||(PAY) SERVICES DATED 30.08.2008.| |EXHIBIT P10|THE TRUE COPY OF THE RELEVANT PORTION OF THE| ||COMMUNICATION NO.1/S/2008 DATED 11.10.2008.| |EXHIBIT P11|THE TRUE COPY OF THE RELEVANT PORTION OF THE| ||GUIDELINES ISSUED BY INDIAN BANK ASSOCIATION.| |EXHIBIT P12|A TRUE COPY OF THE COMMUNICATION OF MINISTRY OF| ||DEFENCE NO.1/69/2008/D DATED 24.07.2009.| |EXHIBIT P13|THE TRUE COPY OF THAT ORDER OF CHIEF| ||INFORMATION COMMISSION I FILE NO.| ||CIC/SM/A/2013/900 520 DATED 14.08.2003.| WP(C) Nos.32144/2017 and connected cases -: 26 :- EXHIBIT P14 A TRUE COPY OF THE COMMUNICATION FROM DEPT: O.S DATED 25.09.2017 ISSUED IN THE ERNAKULAM DIVISION OF THE 1ST RESPONDENT. EXHIBIT P15 A TRUE COPY OF THE REPRESENTATION DATED 26.10.2017 BY THE 1ST PETITIONER TO THE 2ND RESPONDENT. EXHIBIT P16 A TRUE COPY OF THE REPRESENTATION DATED 26.10.2017 BY THE 2ND PETITIONER TO THE 2ND RESPONDENT. EXHIBIT P17 A TRUE COPY OF THE REPRESENTATION DATED 17.10.2017 BY THE 3RD PETITIONER TO THE 2ND RESPONDENT. EXHIBIT P18 A TRUE COPY OF THE REPRESENTATION DATED 10.10.2017 BY THE 4TH PETITIONER TO THE 2ND RESPONDENT. EXHIBIT P19 A TRUE COPY OF THE REPRESENTATION DATED 17.10.2017 BY THE 4TH PETITIONER TO THE 2ND RESPONDENT. EXHIBIT P20 A TRUE COPY OF THE LETTER ISSUED BY THE MANAGER P & IR DATED 27.10.2017 TO THE 2ND PETITIONER. EXHIBIT P21 A TRUE COPY OF THE COMMUNICATION ISSUED FROM THE 3RD RESPONDENT TO THE 1ST RESPONDENT VIDE NO.28(166)/2017/D(RES) DATED 26.10.2017. EXHIBIT P22 A TRUE COPY OF THE INTERIM ORDER DATED 09.10.2017 IN WP(C) 32144/2017. RESPONDENT EXHIBITS EXHIBIT R1(a) TRUE COPY OF GUIDELINES ISSUED BY THE GOVERNMENT OF INDIA WITH FILE NO 4/3/2012 DEPARTMENT OF FINANCIAL SERVICES (WELFARE) DATED 17.2.2014 WP(C) Nos.32144/2017 and connected cases -: 27 :- ## **APPENDIX OF WP(C) 37632/2017** PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE APPOINTMENT ORDER/COMMUNICATION NO.P. & IR DTD 14/10/2009 ISSUED BY LIC EXHIBIT P2 TRUE COPY OF THE CIRCULAR NO ZD/687/ASP/89 DTD 2/6/1989 EXHIBIT P3 TRUE COPY OF THE LETTER NO P & IR/FIXATION DTD 8/10/2010 HEADED FIXATION OF YOUR PAY ON REEMPLOYEMENT IN LIC EXHIBIT P4 TRUE COPY OF THE LETTER NO P & IR//FIXATION DTD 28/9/2017 HEADED FIXATION OF YOUR PAY ON REEMPLOYEMENT IN LIC EXHIBIT P5 TRUE COPY OF THE REPRESENTATION DTD 2/11/2017 FILED BY THE PETITIONER EXHIBIT P6 TRUE COPY OF THE REPLY LETTER NO P & IR DTD 13/11/2017 HEADED FIXATION OF SALARY OF EXSERVICEMAN RE-EMPLOYED IN LIC OF INDIA ON OR AFTER 1/1/2016. RESPONDENT EXHIBITS EXHIBIT R1(a) TRUE COPY OF GUIDELINES ISSUED BY THE GOVERNMENT OF INDIA WITH FILE NO 4/3/2012 DEPARTMENT OF FINANCIAL SERVICES (WELFARE) DATED 17.2.2014 WP(C) Nos.32144/2017 and connected cases -: 28 :- ## **APPENDIX OF WP(C) 37656/2017** ## PETITIONER EXHIBITS |EXHIBIT P1|TRUE COPY OF THE COMMUNICATION P &IR DATED| |---|---| ||08.10.2010 ISSUED TO THE PETITIONER| |EXHIBIT P2|TRUE COPY OF THE COMMUNICATION P &IR DATED| ||20.09.2017 ISSUED TO THE PETITIONER| |EXHIBIT P3|TRUE COPY OF THE PROCEEDINGS REG CO/PER.ER-| ||A/147/2017 DATED 06.01.2017 OF THE 2ND| ||RESPONDENT| |EXHIBIT P4|TRUE COPY OF THE RELEVANT EXTRACT OF THE| ||RECOMENDATIONS OF THE 6TH PAY COMMISSION| |EXHIBIT P5|TRUE COPY OF THE RELEVANT EXTRACT OF THE| ||RECOMENDATIONS OF THE 6TH PAY COMMISSION| |EXHIBIT P6|TRUE COPY OF THE EXTRA ORDINARY GAZETTE NO.DL-| ||3304/99 DATED 30.08.2008| |EXHIBIT P7|TRUE COPY OF THE RELEVANT PORTION OF THE| ||COMMUNICATION NO.1/5/2008 DATED 11.10.2008| |EXHIBIT P8|TRUE COPY OF THE RELEVANT PORTION OF THE| ||GUIDELINE ISSUED BY THE INDIAN BANK ASSOCIATION| |EXHIBIT P9|TRUE COPY OF THE COMMUNICATION OF MINISTRY OF| ||DEFENCE NO.1/69/2008/D DATED 24.6.2009| |EXHIBIT P10|TRUE COPY OF THE THAT ORDER OF CHIEF INFORMATION| ||COMMISSION IN FILE NO. CIC/SM/A/2013/9000620| ||DATED 14.8.2003.| |EXHIBIT P11|TRUE COPY OF THE COMMUNICATION FROM DEPT: OS| ||DATED 25.9.2017 ISSUED IN THE ERNAKULAM DIVISION| ||OF THE 1ST RESPONDENT| |EXHIBIT P12|TRUE COPY OF THE LETTER ISSUED BY THE MANAGER P&| ||IR DATED 6.11.2017 TO THE PETITIONER| WP(C) Nos.32144/2017 and connected cases -: 29 :- EXHIBIT P13 TRUE COPY OF THE COMMUNICATION ISSUED FROM THE 3RD RESPONDENT TO THE 1ST RESPONDENT VIDE NO.28(166)/2017/D(RES) DATED 26.10.2017 EXHIBIT P14 TRUE COPY OF THE INTERIM ORDER DATED 09.10.2017 IN WPC NO 32144/2017. ## RESPONDENT EXHIBITS EXHIBIT R1(a) TRUE COPY OF GUIDELINES ISSUED BY THE GOVERNMENT OF INDIA WITH FILE NO 4/3/2012 DEPARTMENT OF FINANCIAL SERVICES (WELFARE) DATED 17.2.2014 WP(C) Nos.32144/2017 and connected cases -: 30 :- ## **APPENDIX OF WP(C) 38239/2017** ## PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE COMMUNICATION P & IR DATED 24.09.2010 ISSUED TO THE 1ST PETITIONER. EXHIBIT P2 TRUE COPY OF THE COMMUNICATION P & IR DATED 24.09.2010 ISSUED TO THE 2ND PETITIONER. EXHIBIT P3 TRUE COPY OF THE COMMUNICATION P & IR DATED 24.09.2010 ISSUED TO THE 3RD PETITIONER. EXHIBIT P4 TRUE COPY OF THE LETTER ISSUED BY THE MANAGER P & IR DATED 18.11.2017 TO THE 1ST PETITIONER. EXHIBIT P5 TRUE COPY OF THE LETTER ISSUED BY THE MANAGER P & IR DATED 18.11.2017 TO THE 2ND PETITIONER. EXHIBIT P6 TRUE COPY OF THE LETTER ISSUED BY THE MANAGER P & IR DATED 18.11.2017 TO THE 3RD PETITIONER. EXHIBIT P7 TRUE COPY OF THE PROCEEDINGS REF.CO/PER/ERA/147/2017 DATED 06.01.2017 OF THE 1ST RESPONDENT. EXHIBIT P8 TRUE COPY OF THE RELEVANT EXTRACT OF THE RECOMMENDATIONS OF THE 6TH PAY COMMISSION. EXHIBIT P9 TRUE COPY OF THE RELEVANT EXTRACT OF THE RECOMMENDATIONS OF THE 6TH PAY COMMISSION. EXHIBIT P10 TRUE COPY OF THE EXTRA ORDINARY GAZETTE PROCEEDINGS NO.1(30)/2008/D(PAY/SERVICES) DATED 30.08.2008. EXHIBIT P11 TRUE COPY OF THE RELEVANT PORTION OF THE COMMUNICATION NO.1/S/2008 DATED 11.10.2008. EXHIBIT P12 TRUE COPY OF THE RELEVANT PORTION OF THE GUIDELINE ISSUED BY THE INDIAN BANK ASSOCIATION. EXHIBIT P13 TRUE COPY OF THE COMMUNICATION OF MINISTRY OF DEFENCE NO.1/69/2008/D DATED 24.06.2009. WP(C) Nos.32144/2017 and connected cases -: 31 :- EXHIBIT P14 TRUE COPY OF THE ORDER OF CHIEF INFORMATION COMMISSION IN THE FILE NO. CIC/SM/A/2013/900620 DATED 14.08.2003. EXHIBIT P15 TRUE COPY OF THE COMMUNICATION FROM DEPT:O.S. DATED 25.09.2017 ISSUED IN THE ERNAKULAM DIVISION OF THE 1ST RESPONDENT. EXHIBIT P16 TRUE COPY OF THE COMMUNICATION ISSUED FROM THE MINISTRY OF DEFENCE, GOVERNMENT OF INDIA VIDE NO. 28(166)/2017/D(RES)DATED 26.10.2017. EXHIBIT P17 A TRUE COPY OF THE INTERIM ORDER DATED 09.102.2017 IN W.P.(C) 32144/2017. EXHIBIT P23 TRUE COPY OF THE LETTER DATED 30.12.2013 ISSUED BY DEPARTMENT OF FINANCIAL SERVICES (WELFARE), MINISTRY OF FINANCE TO THE CHAIRMAN, INDIAN BANK'S ASSOCIATION. EXHIBIT P24 TRUE COPY OF THE COMMUNICATION ISSUED BY THE BRANCH MANAGER, DATED NIL. EXHIBIT P25 TRUE COPY OF THE REPRESENTATION DATED 14.05.2021 BY THIS DEPONENT. WP(C) Nos.32144/2017 and connected cases -: 32 :- ## **APPENDIX OF WP(C) 38533/2017** ## PETITIONER EXHIBITS |EXHIBIT P1|THE TRUE COPY OF THE COMMUNICATION P & IR DATED| |---|---| ||24.09.2010 ISSUED TO THE 1ST PETITIONER.| |EXHIBIT P2|THE TRUE COPY OF THE COMMUNICATION P & IR DATED| ||24.09.2010 ISSUED TO THE 2ND PETITIONER.| |EXHIBIT P3|THE TRUE COPY OF THE COMMUNICATION P & IR DATED| ||24.09.2010 ISSUED TO THE 3RD PETITIONER.| |EXHIBIT P4|THE TRUE COPY OF THE LETTER ISSUED BY THE| ||MANAGER P & IR DATED 18.11.2017 TO THE 1ST| ||PETITIONER.| |EXHIBIT P5|THE TRUE COPY OF THE LETTER ISSUED BY THE| ||MANAGER P & IR DATED 18.11.2017 TO THE 2ND| ||PETITIONER.| |EXHIBIT P6|THE TRUE COPY OF THE LETTER ISSUED BY THE| ||MANAGER P & IR DATED 18.11.2017 TO THE 3RD| ||PETITIONER.| |EXHIBIT P7|THE TRUE COPY OF THE PROCEEDINGS REF CO/PER/ER-| ||A/147/2017 DATED 06.01.2017 OF THE 1ST| ||RESPONDENT.| |EXHIBIT P8|THE TRUE COPY OF THE RELEVANT EXTRACT OF THE| ||RECOMMENDATIONS OF THE 6TH PAY COMMISSION.| |EXHIBIT P9|THE TRUE COPY OF THE RELEVANT EXTRACT OF THE| ||RECOMMENDATIONS OF THE 6TH PAY COMMISSION.| |EXHIBIT P10|THE TRUE COPY OF THE EXTRA ORDINARY GAZETTE| ||PROCEEDINGS NO 1(30)/2008/D(PAY/SERVICES) DATED| ||30.08.2008.| |EXHIBIT P11|THE TRUE COPY OF THE RELEVANT PORTION OF THE| ||COMMUNICATION NO.1/S/2008 DATED 11.10.2008.| |EXHIBIT P12|THE TRUE COPY OF THE RELEVANT PORTION OF THE| ||GUIDELINES ISSUED BY THE INDIAN BANK| ||ASSOCIATION.| WP(C) Nos.32144/2017 and connected cases -: 33 :- |EXHIBIT P13|THE TRUE COPY OF THE COMMUNICATION OF MINISTRY| |---|---| ||OF DEFENCE NO.1/69/2008/D DATED 24.06.2009.| |EXHIBIT P14|THE TRUE COPY OF THE ORDER OF CHIEF INFORMATION| ||COMMISSION IN THE FILE NO.CIC/SM/A/2013/900620| ||DATED 14.08.2003.| |EXHIBIT P15|THE TRUE COPY OF THE COMMUNICATION FROM DEPT:| ||O.S DATED 25.09.2017 ISSUED IN THE ERNAKULAM| ||DIVISION OF THE 1ST RESPONDENT.| |EXHIBIT P16|THE TRUE COPY OF THE COMMUNICATION ISSUED FROM| ||THE MINISTRY OF DEFENCE, GOVERNMENT OF INDIA| ||VIDE NO.28(166)/2017/D(RES) DATED 26.10.2017.| |EXHIBIT P17|THE TRUE COPY OF THE INTERIM ORDER DATED| ||09.10.2017 IN W.P(C) 32144/2017.| |EXHIBIT P23|TRUE COPY OF THE LETTER DATED 30.12.2013 ISSUED| ||BY DEPARTMENT OF FINANCIAL SERVICES (WELFARE),| ||MINISTRY OF FINANCE TO THE CHAIRMAN, INDIAN| ||BANK'S ASSOCIATION.| |EXHIBIT P24|TRUE COPY OF THE COMMUNICATION ISSUED BY THE| ||BRANCH MANAGER, DATED NIL.| |EXHIBIT P25|TRUE COPY OF THE REPRESENTATION DATED| ||14.05.2021 BY THIS DEPONENT.| WP(C) Nos.32144/2017 and connected cases -: 34 :- ## **APPENDIX OF WP(C) 40175/2017** PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE COMMUNICATION VIDE REF: NO.P. & IR DATED 24.09.2010 ISSUED BY THE 3RD RESPONDENT. EXHIBIT P2 TRUE COPY OF THE LETTER VIDE NO.P & IR DATED 22.11.2017. - EXHIBIT P3 TRUE COPY OF THE PROCEEDINGS VIDE REFERENCE NO.CO/PER/ER-A/147/2017 DATED 06.01.2017. - EXHIBIT P4 TRUE COPY OF THE EXTRACT OF THE RECOMMENDATIONS (RELEVANT PORTION) OF THE VITH CENTRAL PAY COMMISSION. - EXHIBIT P5 TRUE COPY OF THE RELEVANT PORTION OF THE RECOMMENDATION. - EXHIBIT P6 TRUE COPY OF THE PROCEEDINGS VIDE NO.1(30)/2008/D (PAY/SERVICES) DATED 30.08.2008. - EXHIBIT P7 TRUE COPY OF THE COMMUNICATION (RELEVANT PORTION) VIDE NO.1/5/2008 DATED 11.10.2008. EXHIBIT P8 TRUE COPY OF THE COMMUNICATION VIDE NO.1/69/2008/D DATED 24.07.2009. EXHIBIT P9 TRUE COPY OF THE RELEVANT PORTION OF THE GUIDELINES. EXHIBIT P10 TRUE COPY OF THE REPRESENTATION DATED 30.11.2017. WP(C) Nos.32144/2017 and connected cases -: 35 :- ## **APPENDIX OF WP(C) 40725/2017** PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE COMMUNICATION VIDE REF: NO.P & IR DATED 24.9.2010 ISSUED BY THE 3RD RESPONDENT EXHIBIT P2 TRUE COPY OF THE LETTER VIDE NO.P&IR DATED 22.11.2017 EXHIBIT P3 TRUE COPY OF THE PROCEEDINGS VIDE REFERENCE NO CO/PER/ER-A/147/2017 DATED 6.1.2017 EXHIBIT P4 TRUE COPY OF THE EXTRACT OF THE RECOMMENDATIONS (RELEVANT PORTION) OF THE VI TH CENTRAL PAY COMMISSION EXHIBIT P5 TRUE COPY OF THE RELEVANT PORTION OF THE RECOMMENDATION EXHIBIT P6 TRUE COPY OF THE PROCEEDINGS VIDE NO. 1(30)2008/D (PAY/SERVICES) DATED 30.8.2008 EXHIBIT P7 TRUE COPY OF THE COMMUNICATION (RELEVANT PORTION) VIDE NO.1/5/2008 DATED 11.10.2008 EXHIBIT P8 TRUE COPY OF THE COMMUNICATION VIDE NO.1/69/2008/D DATED 24.7.2009 EXHIBIT P9 TRUE COPY OF THE RELEVANT PORTION OF THE GUIDELINES EXHIBIT P10 TRUE COPY OF THE REPRESENTATION DATED 4.12.2017. WP(C) Nos.32144/2017 and connected cases -: 36 :- ## **APPENDIX OF WP(C) 1438/2018** PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE COMMUNICATION P &IR DATED 2409-2010 ISSUED TO THE PETITIONER EXHIBIT P2 TRUE COPY OF THE COMMUNICATION P & IR DATED 3012-2017 ISSUED TO THE PETITIONER EXHIBIT P3 TRUIE COPY OF THE PROCEEDINGS REF CO/PER/ERA/147/2017 DATED 06-01-2017 OF THE 1ST RESPONDENT - EXHIBIT P4 TRUE COPY OF THE RELEVANT EXTRACT OF THE RECOMMENDATIONS OF THE 6TH PAY COMMISSION - EXHIBIT P5 TRUE COPY OF THE RELEVANT EXTRACT OF THE RECOMMENDATIONS OF THE 6TH PAY COMMISSION - EXHIBIT P6 TRUE COPY OF THE EXTRAORDINARY GAZETTE DATED 30-08-2008 (PAY REVISED) - EXHIBIT P7 THE TRUE COPY OF THE RELEVANT PORTION OF THE COMMUNICATION NO.1/S/2008 DATED 11-10-2008 - EXHIBIT P8 THE TRUE COPY OF THE RELEVANT PORTION OF THE GUIDELINES ISSUED BY THE INDIAN BANK ASSOCIATION - EXHIBIT P9 A TRUE COPY OF THE COMMUNICATION OF MINISTRY OF DEFENCE NO.1/69/2008/D DATED 24-07-2009 - EXHIBIT P10 THE TRUE COPY OF THAT ORDER OF CHIEF INFORMATION COMMISSION IN THE FILE NO.CIC/SM/A/2013/900620 DATED 14-08-2013 - EXHIBIT P11 A TRUE COPY OF THE COMMUNICATION FROM DEPT. OS DATED 25-09-2017 ISSUED IN THE ERNAKULAM DIVISION OF THE 1ST RESPONDENT - EXHIBIT P12 A TRUE COPY OF THE COMMUNICATION ISSUED FROM THE 3RD RESPONDENT TO THE 1ST RESPONDENT VIDE NO.28(166)/2017/D(RES) DATED 26-10-2017 WP(C) Nos.32144/2017 and connected cases -: 37 :- EXHIBIT P13 A TRUE COPY OF THE INTERIM ORDER DATED 09-102017 IN WPC 32144/2017 EXHIBIT P23 TRUE COPY OF THE LETTER DATED 30.12.2013 ISSUED BY DEPARTMENT OF FINANCIAL SERVICES (WELFARE), MINISTRY OF FINANCE TO THE CHAIRMAN, INDIAN BANK'S ASSOCIATION. EXHIBIT P24 TRUE COPY OF THE COMMUNICATION ISSUED BY THE BRANCH MANAGER, DATED NIL. EXHIBIT P25 TRUE COPY OF THE REPRESENTATION DATED 14.05.2021 BY THIS DEPONENT. WP(C) Nos.32144/2017 and connected cases -: 38 :- ## **APPENDIX OF WP(C) 1602/2018** PETITIONER EXHIBITS EXHIBIT-P1: TRUE COPY OF THE COMMUNICATION VIDE REF: NO.P & IR DATED 24.09.2010 ISSUED BY THE 3RD RESPONDENT. EXHIBIT-P2: TRUE COPY OF THE LETTER VIDE NO.P & IR DATED 30.12.2017. EXHIBIT-P3: TRUE COPY OF THE PROCEEDINGS VIDE REFERENCE NO.CO/PER/ER-A/147/2017 DATED 06.01.2017. EXHIBIT-P4: TRUE COPY OF THE EXTRACT OF THE RECOMMENDATIONS (RELEVANT PORTION) OF THE VITH CENTRAL PAY COMMISSION. EXHIBIT-P5: TRUE COPY OF THE RELEVANT PORTION OF THE RECOMMENDATION. EXHIBIT-P6: TRUE COPY OF THE PROCEEDINGS VIDE NO.1(30)/2008/D (PAY/SERVICES) DATED 30.08.2008. EXHIBIT-P7: TRUE COPY OF THE COMMUNICATION (RELVANT PORTION) VIDE NO.1/5/2008 DATED 11.10.2008. EXHIBIT-P8: TRUE COPY OF THE COMMUNICATION VIDE NO.1/69/2008/D DATED 24.07.2009. EXHIBIT-P9: TRUE COPY OF THE RELEVANT PORTION OF THE GUIDELINES. EXHIBIT-P10: TRUE COPY OF THE REPRESENTATION DATED 09.01.2018. WP(C) Nos.32144/2017 and connected cases -: 39 :- ## **APPENDIX OF WP(C) 21430/2018** ## PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE COMMUNICATION P&IR DATED 0905-2018 ISSUED TO THE 1ST PETITIONER EXHIBIT P2 TRUE COPY OF THE COMMUNICATION P&IR DATED 0905-2018 ISSUED TO THE 2ND PETITIONER EXHIBIT P3 TRUE COPY OF THE COMMUNICATION P&IR DATED 0905-2018 ISSUED TO THE 3RD PETITIONER EXHIBIT P4 TRUE COPY OF THE COMMUNICATION P&IR DATED 0905-2018 ISSUED TO THE 4TH PETITIONER EXHIBIT P5 TRUE COPY OF THE COMMUNICATION P&IR DATED 0905-2018 ISSUED TO THE 5TH PETITIONER EXHIBIT P5(a) TRUE COPY OF THE COMMUNICATION P&IR DATED 0905-2018 ISSUED TO THE 6TH PETITIONER. EXHIBIT P6 TRUE COPY OF THE PROCEEDINGS REF CO/PER/ERA/147/2017 DATED 06-01-2017 OF THE 2ND RESPONDENT EXHIBIT P7 TRUE COPY OF THE OF THE RELEVANT EXTRACT OF THE RECOMMENDATIONS OF THE 6TH PAY COMMISSION. EXHIBIT P8 TRUE COPY OF THE OF THE RELEVANT EXTRACT OF THE RECOMMENDATIONS OF THE 6TH PAY COMMISSION EXHIBIT P9 TRUE COPY OF THE PROCEEDINGS NO. 1(30)/2008/D (PAY) SERVICES DATED 30-08-2008 EXHIBIT P10 THE TRUE COPY OF THE RELEVANT PORTION OF THE COMMUNICATION NO. 1/S/2008 DATED 11-10-2008 EXHIBIT P11 THE TRUE COPY OF THE RELEVANT PORTION OF THE GUIDELINE ISSUED BY INDIAN BANK ASSOCIATION EXHIBIT P12 A TRUE COPY OF THE COMMUNICATION OF MINISTRY OF DEFENSE NO.1/69/2008/D DATED 24-07-2009 EXHIBIT P13 THE TRUE COPY OF THAT ORDER OF CHIEF WP(C) Nos.32144/2017 and connected cases -: 40 :- INFORMATION COMMISSION IN FILE NO. CIC/SM/A/2013/900 620 DATED 14-08-2013 EXHIBIT P14 A TRUE COPY OF THE COMMUNICATION FROM DEPT: O.S DATED 25-09-2017 ISSUED IN THE ERNAKULAM DIVISION OF THE 1ST RESPONDENT EXHIBIT P15 A TRUE COPY OF THE COMMUNICATION ISSUED FROM THE 3RD RESPONDENT TO THE 1ST RESPONDENT VIDE NO.28(166)/2017/D(RES) DATED 26-10-2017. EXHIBIT P16 A TRUE COPY OF THE INTERIM ORDER DATED 09-102017 IN W.P(C) 32144/2017. EXHIBIT P23 TRUE COPY OF THE LETTER DATED 30.12.2013 ISSUED BY DEPARTMENT OF FINANCIAL SERVICES (WELFARE), MINISTRY OF FINANCE TO THE CHAIRMAN, INDIAN BANK'S ASSOCIATION. EXHIBIT P24 TRUE COPY OF THE COMMUNICATION ISSUED BY THE BRANCH MANAGER, DATED NIL. EXHIBIT P25 TRUE COPY OF THE REPRESENTATION DATED 14.05.2021 BY THIS DEPONENT.