Pensioners Of Same Rank May Not Form Homogeneous Class; New Benefits Can Be Prospectively Applied: Supreme Court Summarizes Principles On Pension & Cut-Off Dates
Case: Indian Ex Servicemen Movement (An All India Federation Of Military Veterans Organisation Represented Vs. Union Of India Department Of Exservicemen Welfare Ministry Of Defence Secretary
Coram: Justices DY Chandrachud, Surya Kant and Vikram Nath
Case No.: Writ Petition (Civil) 419/2016
Court Observation: (i) All pensioners who hold the same rank may not for all purposes form a homogenous class. For example, amongst Sepoys differences do exist in view of the MACP and ACP schemes. Certain Sepoys receive the pay of the higher ranked personnel;
(ii) The benefit of a new element in a pensionary scheme can be prospectively applied. However, the scheme cannot bifurcate a homogenous group based on a cut-off date;
(iii) The judgment of the Constitution Bench in Nakara (supra) cannot be interpreted to read the one rank one pension rule into it. It was only held that the same principle of computation of pensions must be applied uniformly to a homogenous class; and
(iv) It is not a legal mandate that pensioners who held the same rank must be given the same amount of pension. The varying benefits that may be applicable to certain personnel which would also impact the pension payable need not be equalised with the rest of the personnel.
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