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2025 Supreme(Online)(SC) 10756

IN THE SUPREME COURT OF INDIA
SANJIV KHANNA, CJ, SANJAY KUMAR, J
UNION OF INDIA & ANR. – Appellant
Versus
M. SIDDARAJ – Respondent
CIVIL APPEAL NO. 3933 OF 2023

Advocates:
For the Appellants/Petitioners: Mr. Kailash Vasdev, Sr. Adv., Mr. Santosh Krishnan, AOR, Mr. Vikramjit Banerjee, A.S.G., Ms. Madhumita Bhattacharjee, AOR, Ms. Srija Choudhury, Adv., Mr. Anant, Adv., Mr. Rajat Joseph, AOR, Mrs. Shirin Khajuria, Sr. Adv., Ms. Ranu Purohit, AOR, Ms. Swati Tiwari, Adv., Ms. Niharika Singh, Adv., Mr. Yashas Rk, Adv., Mr. Gopal Singh, Adv., Mr. Athul Joseph, Adv., Mr. Kumar Mihir, AOR, Ms. Aishwarya Bhati, A.S.G., Ms. Shivika Mehra, Adv., Ms. Chitrangda Rastravara, Adv., Ms. Aashta Singh, Adv., Mr. Satya Jha, Adv., Mr. Shreekant Neelappa Terdal, AOR, Mr. R Venkataramani, Attorney General for India, Mr. Vikramjit Banerjee, A.S.G., Mr. Amit Sharma (B), Adv., Mr. Chitvan Singhal, Adv., Mr. Abhishek Kumar Pandey, Adv., Mr. Raman Yadav, Adv., Mr. Nachiketa Joshi, Adv., Mr. Sudarshan Lamba, AOR, Mr. Amrish Kumar, AOR
For the Respondents: Mr. Anand Sanjay M Nuli, Sr. Adv., Mr. Suraj Kaushik, Adv., Mrs. Samina S, Adv., Ms. Akhila Wali, Adv., Mr. Shivraj Singh, Adv., M/s. Nuli & Nuli, AOR, Mr. Devesh Kumar Chauvia, Adv., Mr. Ashish Kumar Singh, Adv., Mr. Praveen Kumar, Adv., Mr. Gaurav Bhardwaj, Adv., Mr. Lather Mukul Kanwar Singh, AOR, Mrs. Shirin Khajuria, Sr. Adv., Ms. Ranu Purohit, AOR, Ms. Swati Tiwari, Adv., Ms. Niharika Singh, Adv., Mr. Yashas Rk, Adv., Mr. Rameshwar Prasad Goyal, AOR, Mr. Anubhav, Adv., Mr. Vijay Pal, Adv., Mr. Bikash Chandra, Adv., Mr. Rakesh Kumar, Adv., Mr. Yashwant Singh Yadav, Adv., Mr. Arvind, Adv., Mrs. Preeti Yadav, Adv., Mr. Om Prakash, Adv., Mr. Umang Tripathi, Adv., Mr. Harshal Kulkarni, Adv., Mr. Vidya Sagar, Adv., Mr. Amolak, Adv., Ms. Bano Deswal, Adv., Ms. Tannu, Adv., Mr. R. C. Kaushik, AOR, Mr. Venkita Subramoniam T. R, AOR, Mr. Rajat Joseph, AOR, Mrs. Kiran Bhardwaj, AOR, Mr. Pramod Kumar Tiwari, Adv., Mr. A. K. Sinha, Adv., Ms. Anu Mohla, Adv., Mr. Nishant R. Kanteshwarkar, AOR

The court clarified pension adjustment directives and confirmed the non-recovery of excess payments made to retirees.

Headnote:(A) The directions issued by the Supreme Court regarding pension adjustments in the case of retired employees were clarified, particularly concerning the effective date of enhanced pension and the handling of applications for intervention. The court emphasized that excess payments made will not be recovered. (Para 6)

(B) The court ruled that the dismissal of special leave petitions does not alter the interpretation of rules set by the Life Insurance Corporation of India. (Para 8)

Facts of the case:
The case revolves around the adjustment of pension benefits for retired government employees following a prior judgment. The court addressed various miscellaneous applications related to the implementation of these pension adjustments.

Findings of Court:
The court confirmed that certain clauses related to pension adjustments will be treated as final directions and clarified the conditions under which enhanced pensions would be applicable.

Issues: The main issues include the effective date for pension adjustments and the treatment of applications for intervention by retired employees.

Ratio Decidendi: The court found that clarity in pension directives is necessary for compliance and that previous judgments will guide the implementation of these adjustments.

Result: The miscellaneous applications are disposed of with clarifications.

ORDER

Miscellaneous Application Diary Nos. 2400/2024, 35783/2024, 35785/2024 and 35786/2024 Delay condoned.

We had passed the following interim order dated 06.09.2024, the operative portion of which reads as under:

“(a) The judgment dated 11.04.2023 will be given effect to in case of third parties from the date of the judgment, that is, the pension by taking into account one increment will be payable on and after 01.05.2023. Enhanced pension for the period prior to 31.04.2023 will not be paid.

(b) For persons who have filed writ petitions and succeeded, the directions given in the said judgment will operate as res judicata, and accordingly, an enhanced pension by taking one increment would have to be paid.

(c) The direction in (b) will not apply, where the judgment has not attained finality, and cases where an appeal has been preferred, or if filed, is entertained by the appellate court.

(d) In case any retired employee has filed any application for intervention/impleadment in Civil Appeal No. 3933/2023 or any other writ petition and a beneficial order has been passed, the enhanced pension by including one increment will be payable from the month in which the application for intervention/impleadment was filed.”

We are inclined to dispose of the present miscellaneous applications directing that Clauses (a), (b) and (c) of the order dated 06.09.2024 will be treated as final directions. We are, however, of the opinion that Clause (d) of the order dated 06.09.2024 requires modification which shall now read as under:

“(d) In case any retired employee filed an application for intervention/impleadment/writ petition/original application before the Central Administrative Tribunal/High Courts/this Court, the enhanced pension by including one increment will be payable for the period of three years prior to the month in which the application for intervention/ impleadment/ writ petition/ original application was filed.”

Further, clause (d) will not apply to the retired government employee who filed a writ petition/original application or an application for intervention before the Central Administrative Tribunal/High Courts/this Court after the judgment in “Union of India & Anr. v. M. Siddaraj” ( Dated 19.05.2023 in Civil Appeal No. 3933/2023 , titled “Union of India & Anr. vs. M. Siddaraj” and other connected matters.), as in such cases, clause (a) will apply.

Recording the aforesaid, the miscellaneous applications are disposed of.

We, further, clarify that in case any excess payment has already been made, including arrears, such amount paid will not be recovered.

It will be open to any person aggrieved by non-compliance with the directions and the clarification of this Court, in the present order, to approach the concerned authorities in the first instance and, if required, the Administrative Tribunal or High Court, as per law.

Pending applications including all intervention/impleadment applications shall stand disposed of in terms of this order.

Contempt Petition (Civil) Diary Nos. 38437/2023, 38438/2023, 11336/2024 and 20636/2024 In view of the order passed today in the connected matters, that is, M.A. Diary No. 2400 OF 2024 and other connected applications, the present contempt petitions will be treated as disposed of with liberty to the petitioners to take recourse to appropriate remedies, if required and necessary, as indicated supra. It goes without saying that the respondents shall examine the cases of the petitioners/ applicants in terms of the order passed today and comply with the same expeditiously.

Pending application(s), if any, shall stand disposed of.

ORDER

Miscellaneous Application Diary Nos. 2400/2024, 35783/2024, 35785/2024 and 35786/2024 These miscellaneous applications are disposed of in terms of the signed order.

Pending applications, including all intervention/impleadment applications, shall stand disposed of in terms thereof.

Miscellaneous Application Diary No. 26733/2023 The prayer made in the present miscellaneous application is all

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2025 Supreme(Online)(SC) 10756

IN THE SUPREME COURT OF INDIASANJIV KHANNA, CJ, SANJAY KUMAR, JUNION OF INDIA & ANR. – AppellantVersusM. SIDDARAJ – RespondentCIVIL APPEAL NO. 3933 OF 2023

The court clarified pension adjustment directives and confirmed the non-recovery of excess payments made to retirees.

Cases Referred (1)

IN THE SUPREME COURT OF INDIA
SANJIV KHANNA, CJ, SANJAY KUMAR, J
UNION OF INDIA & ANR. – Appellant
Versus
M. SIDDARAJ – Respondent
CIVIL APPEAL NO. 3933 OF 2023