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Seven-judge Bench to decide pension claims

J. Venkatesan

New Delhi: A seven-judge Bench of the Supreme Court will examine whether all retired government employees can claim the revised pension announced by the Governmentafter it fixed a cut-off date for eligibility.

One Constitution Bench held that those who retired before a pension scheme came into operation were also entitled to the benefits of the revised scheme. However, another Bench held that an employee was entitled to the enhanced pension only if he/she was getting some pension at the time of retirement. This benefit would be available only if the pension was increased through an amendment to the scheme announced subsequent to his/her retirement. If the employee was not getting any pension at the time of retirement, he/she would not be entitled to any pension if a scheme was introduced.

A Bench consisting of Justices S.B. Sinha and Markandey Katju referred the issue to a larger Bench in view of the conflicting decisions rendered by two five-judge Constitution Benches.

The present decision was rendered on an appeal filed by the Andhra Pradesh Government against a High Court verdict which upheld the State Administrative Tribunal's order directing grant of revised pension to all employees, irrespective of their date of retirement.

The Andhra Pradesh Pensioners' Samaj and others challenged the May 25, 1998 government order revising pension on the basis of the last drawn pay and stating the revised pension would be available to those who retired on or after May 25, 1998.

The petitioners sought a direction from the Tribunal that the benefits of the scheme be extended to all pensioners, irrespective of their date of retirement.

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