In Brief
Commissioned officers of India's defence forces who retired before 01 January 1996 sought pensions at a higher pay scale under a Government Order of 21 November 1997 implementing the Fifth Pay Commission. The Supreme Court held that this order applied only to officers still in service on 01 January 1996, not to those who had already retired. The subsequent order of 07 June 1999 on pensionary benefits made no provision for such upscaling; it ensured only that pensions be calculated at 50% of minimum revised pay for the rank held at retirement. No discrimination occurred as both pre- and post-1996 retirees received equal treatment under these orders. The Court distinguished Maj. K.G. Thomas (decided on admissions and confined to its facts) as inapplicable precedent. Appeals by defence officers were dismissed; appeals by the Union of India were allowed.
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