Pension cannot be less than 50% of pay, rules SC
In recent ruling on March 17, 2015, the Supreme Court of India directed the Central Government to pay at least 50 per cent of the pay as pension to all the Government employees, specially the Armed Forces personnel; the veteran, as has been recommended by the 6th Central Pay Commission (CPC). A special Bench of the Supreme Court of India headed by Mr. Justice TS Thakur passed their leaned Order while dismissing more than 50 Appeals filed by the Central government. The Govt had challenged the Orders of various High Courts and also the AFTs – Armed Forces Tribunals across the country.
The Armed Forces Tribunals and also the High Courts had struck down the OM – Office Memorandum, which had assessed that the pension should be less 50% of the pay of some categories of the employees of the Govt. The additional solicitor general Ms. Pinky Anand on behalf of the central government pleaded that if the pension is put above 50%, there shall be additional burden of Rs.1500 crores on the central government. But the Bench said that when the 6th pay commission has recommended that the pension should be above 50% of the pay and the central government has accepted this recommendation of the commission also, then why the employees should not be passed the fruits of it.
The Bench of the Supreme Court of India explained.“We have already affirmed the orders of the HCs and AFTs” in a couple of cases earlier and there was no need for the Centre to come to the SC in each and every such case, the Bench said.Today’s order should be implemented within four months extending the benefit to all those who were entitled to pension, irrespective of the fact whether they had gone to the AFT/court or not, the Bench clarified
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