Judgement of Hon'ble Supreme Court - reg. Revision of Pension

F.No.38/37/08-P&PW(A)

GOVERNMENT OF INDIA

Ministry of Personnel, Public Grievances & Pensions

Department of Personnel & Training

3rd Floor, Loknayak Bhavan, Khan Market
New Delhi, the 18th November, 2009

OFFICE MEMORANDUM

Subject:- Revision of pension on the recommendations of the Pay Commission - Applicability of the judgement of Hon'ble Supreme Court in CA No.5566 of 2008 in the case of Civil pensioners.

In the judgement dated 9.9.2008 in CA No.5566 of 2008 {SLP (Civil) No.12357 of 2006}-UOI vs. Maj. Gen. SPS Vains Hon'ble Supreme Court has directed that the pay of all pensioners in the rank of Major General and its equivalent rank in the two other Wings of the Defence Services be notionally fixed at the rate given to similar officers of the same rank after the revision of pay scales with effect from 1.1.1996, and, thereafter, to compute their pensionary benefits their pensionary benefits on such basis with prospective effect from the date of filling of the writ petition.

Some representations have been received in this Department pensioners/pensioners' associations suggesting that the pension of pensioners who retired from the civil departments and who before their retirement, were governed by the CCS(Pension) Rules, 1972 may be revised by applying the ratio of the aforesaid judgment of the Apex Court. These representations/references have been examined in consultation with Ministry of Finance and Ministry of Law.

The undersigned is directed to say that the judgment dated 9.9.2008 in CA No.5566 of 2008 {SLP(Civil)No.12357 of 2006} - UOI vs. Maj. Gen. SPS Vains will not apply in the case of pensioners who retired from the civil departments and who, before their retirement, were governed by the CCS(Pension)Rules, 1972.