Case Note & Summary
The Union of India filed a batch of appeals against judgments of the Central Administrative Tribunal and various High Courts that allowed the claims of Scientists working in the Department of Defence Research and Development Organisation (DRDO), Department of Atomic Energy (DAE), and Department of Space (DOS) for reckoning special pay for pension and pensionary benefits. The Scientists were granted special pay of Rs.2,000/- per month w.e.f. 01.01.1996 and Rs.4,000/- per month w.e.f. 01.01.2006 in lieu of a separate higher pay scale. The Central Administrative Tribunal, Principal Bench, Delhi, and other benches had allowed the original applications, holding that the special pay should be treated as part of pay for pensionary benefits. The High Courts dismissed the writ petitions filed by the Union of India. The Supreme Court, hearing the appeals, noted that the issues were common and decided them by a common judgment. The Court observed that the Ministry of Defence had issued an order dated 13.05.2009 stating that the special pay would be counted for pension and pensionary benefits. The respondents had filed an O.A. complaining that the order was not implemented. The Supreme Court dismissed the appeals, upholding the decisions of the Tribunal and High Courts, and left the question of law open.
Headnote
A) Service Law - Pensionary Benefits - Special Pay - Special pay granted to Scientists in DRDO, DAE, and DOS is to be counted for pension and pensionary benefits - The court upheld the decisions of the Central Administrative Tribunal and High Courts that special pay is part of pay for pension purposes - Held that the Union of India's appeals are dismissed (Paras 1-13).
Issue of Consideration
Whether special pay of Rs.2,000/- and Rs.4,000/- granted to Scientists in DRDO, DAE, and DOS should be treated as part of pay for pension and pensionary benefits.
Final Decision
The Supreme Court dismissed the appeals, upholding the decisions of the Central Administrative Tribunal and High Courts that special pay of Rs.2,000/- and Rs.4,000/- granted to Scientists in DRDO, DAE, and DOS is to be counted for pension and pensionary benefits.
Law Points
- Special pay is part of pay for pensionary purposes
- Fundamental Rule 9(21)
- Pension Rules
- Central Civil Services (Pension) Rules
- 1972
