"(ii) The benefit of
a new element in a pensionary scheme can be prospectively applied. However, the
scheme cannot bifurcate a homogenous group based on a cut-off date.
Nonetheless, 7th CPC introduced
a new X GP non-technical trade, namely Garuda, with a lower X GP Pay of Rs.
3600 as a new element of benefit, which only is governed by above paragraph 48
(ii).
Hence, the 7th CPC
has created one more X GP of non-technical personnel with a lower X GP pay
w.e.f. January 1, 2016, in addition to the already existing technical personnel
with a higher GP pay who were a homogeneous class irrespective of rank and
length of service in the 6th CPC.
This homogeneous class of
already existing X-GP veterans cannot be further divided based on the cut-off
date of January 1, 2016, because the latter is protected under the preceding
paragraph 48(ii).
