Pre & post 2006 pensioners-THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 20.03.2024 + W.P.(C) 6002/2016 ALL INDIA S-30 PENSIONERS ASSOCIATION AND ORS ..... Petitioner Through: Mr. A.K.Behera, Sr. Adv. with Mr. Amarendra P. Singh, Adv. versus UNION OF INDIA AND ORS

 

Summary of Judgment: Pre & Post 2006 Pensioners

Court and Date:

• High Court of Delhi at New Delhi
• Date of Judgment: March 20, 2024

Case Details:

• Petitioners: All India S-30 Pensioners Association and Others
• Respondents: Union of India and Others
• Case Number: W.P.(C) 6002/2016
• Legal Representation:
• For Petitioners: Mr. A.K. Behera, Senior Advocate, with Mr. Amarendra P. Singh, Advocate

Background:

• The case involves two writ petitions concerning the disparity in pension benefits between pre-2006 and post-2006 retirees in the S-30 pay scale after the recommendations of the 6th Central Pay Commission.
• The All India S-30 Pensioners Association contested the restriction of pension benefits to the date of filing of the Original Application (O.A.) rather than from January 1, 2006.
• The Union of India sought to set aside the Tribunal's decision to revise pensions for pre-2006 retirees.

Key Issues:

1. The validity of restricting pension benefits to the date of filing the O.A.
2. Whether pre-2006 retirees should receive the same pension benefits as post-2006 retirees.

Court's Analysis:

• The Court reviewed previous Supreme Court judgments, including D.S. Nakara vs. Union of India and Union of India vs. SPS Vains, which established the principle of non-discrimination in pension benefits for employees of the same rank who retired at different times.
• The Court found that the distinction between pre-2006 and post-2006 retirees was arbitrary and violated Article 14 of the Constitution of India, which ensures equality before the law.
• The Court upheld the Tribunal's decision to revise the pensions of pre-2006 retirees to match those of post-2006 retirees.

Decision:

• W.P.(C) 8080/2016 (Union of India): Dismissed. The Court found no merit in the Union's challenge and upheld the Tribunal's decision.
• W.P.(C) 6002/2016 (All India S-30 Pensioners Association): Allowed. The Court modified the Tribunal's order, directing that the revised pension benefits be granted from January 1, 2006, rather than from the date of filing the O.A.

Final Orders:

• The Court ordered that the revised pension benefits be granted to the members of the respondent association from January 1, 2006.
• Arrears in terms of the revised pensions must be paid within eight weeks from the date of the judgment.

Conclusion: The High Court of Delhi ruled in favor of the All India S-30 Pensioners Association, ensuring that pre-2006 retirees in the S-30 pay scale receive pension benefits equivalent to those of post-2006 retirees, thus eliminating arbitrary distinctions based on the date of retirement.