SC : Try and Make Life after Retirement Easier by Enacting Appropriate Pension Rules

March 23, 2018

Case name: Union of India vs. R. Sethumadhavan & Anr.

Date of Judgement: March 22, 2018

In the case, Two-Judge Bench of the Supreme Court took a serious note of delay caused in disposal of pension related cases. In this case, a railway employee retired in 1991 and his pension related proceedings were decided after 27 years.

While taking note of the sad state of affairs, the Court remarked that more than 140 years ago, it was said by the Privy Council: “These proceedings certainly illustrate what was said by Mr. Doyne, and what has been often stated before, that the difficulties of a litigant in India begin when he has obtained a Decree”.

“A somewhat similar fate seems to await government servants – on getting retired, they have to struggle for the due pension. This is a classic case of a railway employee who retired as a Train Examiner on 31st March, 1991 1 General Manager of the Raj Durbhunga, under the Court of Wards v. Maharajah Coomar Ramaput Sing, (1871-2) Vol. XIV Moo, I.A.605 and his pension woes are being decided after 27 years and unfortunately not in his favour.”

We recommend to the Department of Personnel and Training of the Government of India to try and make life after retirement easier for a government servant by having appropriate legislation enacted by Parliament or applicable Pension Rules rather than a khichdi of Instructions, Office Memoranda, Clarifications, Corrigenda and so on and so forth.

The Respondent in the case was primarily aggrieved by revision of pay scale and sought clarification on the pension admissible to the pre 01.01.1996 retirees.