In a recent development, the Supreme Court has shed light on the application of its earlier ruling concerning pension increments for government employees who retire just a day before their retirement date. This clarification comes from a decision made on April 11, 2023, in the case of The Director (Admn and HR) KPTCL & Others vs CP Mundinamani and others.
On September 6, a fresh two-judge bench, featuring Justices Sanjiv Khanna and Sanjay Kumar, issued new directives to address pending queries related to this ruling.
Here’s a breakdown of the new guidelines:
- For third parties, the incremental pension as per the April 2023 ruling will be applicable only from May 1, 2023. Consequently, any pension adjustments for periods before April 30, 2023, will not be retroactively applied.
- For individuals who had already filed successful writ petitions, the ruling will apply directly, ensuring that they receive the enhanced pension including the additional increment.
- This directive does not extend to cases where the judgment is under appeal or has not yet reached finality.
- Retired employees who had previously filed intervention applications in the case or related writ petitions and received favorable orders will see their enhanced pension, including the increment, start from the month their application was filed.
This interim order aims to mitigate further litigation and prevent confusion. The Court has also acknowledged an ongoing review petition by the Union Government challenging the original judgment.
The matter is scheduled for re-evaluation during the week of November 4.
