In Brief
Scientists in defence research departments challenged pension calculations excluding special pay of Rs.2,000-4,000 sanctioned to address pay anomalies from pay scale mergers. The Supreme Court held that this special pay, though labelled as such, did not fall within the statutory definition of 'special pay' (granted for arduous duties or specific work additions) but instead compensated for a pay structure anomaly. Therefore it must be included in 'pay' for pension computation. The Court also held that the Government was not estopped from raising legal issues despite implementing earlier tribunal orders, as the question of law had been left open and financial implications were later realised. Appeals dismissed.
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