A very simple but ticklish issue arises in this writ petition. The issue is whether a person retiring from a higher grade can receive pension less than a person retiring in the lower grade. Is it not arbitrary and in view of the Judgment of the Hon’ble Apex Court in the case of Union of India and Another Vrs. SPS Vains (Retd.) and Others since reported in (2008) 9 SCC 125, the pension of the person in the higher grade would have to be stepped up accordingly.
MUKUNTHARAJAN
The judgment will definitely be contested by UOI/Indian Railways in the Supreme Court. But I am personally confident that the SLP/CA will be dismissed by SC even if the hearing is prolonged.
The judgment indicates the trend of judicial thinking on equitable pension upgradation.
Kind regards.
C H Mahadevan
