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DELHI HIGH COURT
SURESH KUMAR KAIT, SAURABH BANERJEE
Bhim Sen Bansal – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. pension rights depend on retirement date and rules. (Para 1 , 2 , 3 , 4 , 5) |
| 2. petitioner's claims challenged based on existing rules. (Para 6 , 7 , 8 , 9 , 10) |
| 3. retirement date defines eligibility for benefits. (Para 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18) |
| 4. petitioner entitled only to pre-2006 pension scale. (Para 19) |
| 5. writ petition dismissed, no relief granted. (Para 20) |
JUDGMENT
Saurabh Banerjee, J. There is an age-old dispute brewing inter-se the already retired public servants (one set) with those similarly situated public servants who have retired after them (another set) to be treated at par. The present petition is involving one such dispute where we are to adjudge if the two sets are similar when it is relating to pension. Though pension is a reward for the past service rendered by the public servant, it is dependent upon the last drawn pay and the total term of service rendered and the determining factor for calculating pension is the date of retirement and the prevalent rules on such date. Having said so, it is trite law that though pension is not a fundamental right but a retired employee cannot be deprived of his right to pension save and except by
Public servants cannot claim retrospective benefits from pension schemes introduced after their retirement, as entitlement is governed by the rules in force at the time of retirement.
Pension entitlement is governed by existing rules, and any revisions depend on state policy, not individual claims based on service length.
Pension is a right earned by government servants, and discrimination between pre- and post-2006 retirees in pension fixation is prohibited.
Pre-2006 retirees entitled to pension refixation at 50% of minimum pay in revised VI CPC pay band + grade pay of post held; lower slab fixation discriminatory and violative of Article 14 equality.
Hon'ble Supreme Court held beyond shadow of any doubt that financial implication is a relevant criterion for State Government to determine as to what benefits can be granted pursuant to recommendatio....
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