In Brief
Commissioned officers of India's Defence Forces who retired before 01 January 1996 sought higher pension based on a 1997 government order issued following the Fifth Pay Commission recommendations. The Supreme Court held that the 1997 order concerning pay and allowances applied only to officers still in service on that date, not those who had already retired. The subsequent 1999 order on pension benefits made no provision for stepping up to higher pay scales for pre-1996 retirees; it only ensured minimum pension based on the rank last held. The Court distinguished the relied-upon Maj. K.G. Thomas precedent, finding it was based on a specific concession and limited to its facts. The Court upheld the Tribunal's dismissal of pre-1996 retirees' claims and set aside orders allowing them benefits, finding no discrimination as both cohorts were treated uniformly under the pension scheme."
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