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Clears Path for Retired Judge's Old Pension Dream—Within 8 Weeks
In a swift resolution to a pension plight that spanned states and schemes, the has directed authorities to implement Old Pension Scheme (OPS) benefits for retired judge Justice G. Sri Devi . The bench of Justice P. Sam Koshy and Justice Narsing Rao Nandikonda disposed of on March 16, 2026, after confirming her entitlement and noting key refunds and sanctions.
A Judicial Journey Hits Pension Roadblock
Justice G. Sri Devi's career traced a path from judicial officer in Uttar Pradesh to elevation as a judge of the on November 22, 2018. Transferred to the on May 2, 2019—assuming charge on May 15—she retired upon superannuation on October 9, 2022. Retiring from Telangana made the state responsible for her pensionary benefits.
Entitled to OPS from her Uttar Pradesh days and Allahabad tenure, an inadvertent notification upon joining Telangana slotted her into the Contributory Pension Scheme (New Pension Scheme), slashing her monthly payout to a meager Rs. 17,500 against her rightful Rs. 1,12,500 under OPS. Repeated representations yielded no fruit, prompting the writ petition against the , , and others.
Petitioner's Plea vs. Administrative Mix-Up
Justice Sri Devi argued her OPS option from Uttar Pradesh service carried over, rendering the Telangana notification erroneous. She highlighted the financial hardship of the paltry pension and confirmed full repayment of NPS contributions received, with funds from HDFC Bank returned to the state treasury.
Authorities initially resisted, but post-notice scrutiny by the Telangana government and 's office validated her claim. The state "principally accepted" entitlement earlier, corresponding with the High Court, which looped in the . Critically, an order dated March 13, 2026, from the sanctioned OPS pension, including arrears from superannuation, sent via speed post to the —with copies to the petitioner and .
The Additional Solicitor General, assisted by counsel, assured priority implementation, pending Presidential sanction as per protocol.
No Precedents Needed: Facts Seal the Deal
The court delved into no cited precedents, relying on uncontroverted facts: verified OPS option, inadvertent NPS shift, completed refunds, and administrative sanctions. This underscored a core principle—service continuity preserves opted pension schemes across state transfers for judges, trumping clerical errors once rectified.
Key Observations from the Bench
The judgment distilled pivotal reasoning through direct quotes:
"The petitioner was entitled for pension under the Old Pension Scheme as long as she was working as Judicial officer at the initial stage and subsequently also as Hon’ble Judge of . However, since she assumed charge in the High Court for the State of Telangana, inadvertently she was notified under the Contributory Pension Scheme or under the New Pension Scheme."
"Both the State of Telangana as also the office of the Account General scrutinized the claim of the petitioner and finally found that, in fact, the petitioner was actually entitled for pension under the Old Pension Scheme in terms of the option that she had exercised while serving in the State of Uttar Pradesh."
"Subject to the necessary sanction as has been sought from the Hon’ble President of India in terms of the letter dated 13.03.2026, it is expected that the pension under the Old Pension Scheme payable to the petitioner... would be implemented as expeditiously as possible, preferably within an outer limit of eight weeks from today."
These observations, drawn from the order, highlight the bench's focus on equity and administrative accountability.
Pension Justice on a Tight Timeline
The writ stands disposed, with no costs, expecting "expeditious" rollout—ideally within eight weeks . This mandates processing the sanctioned OPS pension (monthly Rs. 1,12,500 plus arrears), post-Presidential nod.
For judicial retirees, it signals vigilance pays: inadvertent scheme switches can be reversed via refunds and scrutiny, ensuring cross-state service honors original entitlements. Authorities now race the clock, turning a former judge's persistence into precedent-setting relief.
