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Indian Ex Servicemen Movement (An All ... vs Union Of India Department Of ... on 16 March, 2022 cites

Union Of India And Anr vs Sps Vains (Retd.) And Ors on 9 September, 2008

[…] One set cannot claim the benefit extended to the other set on the ground that they are similarly situated. Though they retired with the same rank, they are not of the “same class” or “homogeneous group”. The employer can validly fix a cut-off date for introducing any new pension/retirement scheme or for discontinuance of any existing scheme. What is discriminatory is introduction of a benefit retrospectively (or prospectively) fixing a cut-off date arbitrarily thereby dividing a single homogeneous class of pensioners into two groups and subjecting them to different treatment.” (emphasis supplied) 45 The decision in SPS Vains (supra) has been relied upon by the petitioners. The issue in that case was whether the officers of the rank of Major General, who had retired prior to 1 January 1996, could be given the benefit of the provisions of the revised pay scale, though according to the policy only those who retired after the said cut-off date would be entitled to such benefit. The rank of Brigadier is a feeder post for the promotional rank of Major General. A Major General always drew a higher pension than the pension payable to the officers holding the rank of a Brigadier, as on the basis of the recommendation of the Fourth Pay Commission, the pension was calculated on the basis of the salary drawn during the last ten months prior to retirement. An anomaly arose with the acceptance of the recommendation of the Fifth Pay Commission which created a situation in 58 PART C which a Brigadier began drawing more pension and family pension than the Major General. The Government increased the pension of Major Generals who had retired prior to 1996 so that they do not receive lesser pension than the officers of the rank of Brigadier. The disparity which was noted in that case is evident from the following extract of the judgment:
Supreme Court of India Cites 3 - Cited by 78 - A Kabir - Full Document

Union Of India vs Balbir Singh Turn on 8 December, 2017

In view of the decision of this Court in Union of India v. Balbir Singh Turn17, the MACP scheme was made operational with effect from 1 January 2006. Though the MACP scheme was made operational from 1 January 2006, it had retrospective effect as a result of which any person who was in service and qualified with the threshold requirement of 8:16:24 years of service came to be grouped with the corresponding rank upgradations for the purpose of pay, pension and other benefits. In the above backdrop, the Union Government has stated before this Court on affidavit that for the purpose of computing the OROP benefit, it has taken MACP as the base and applied it across the board for all retirees having the same length of service. In other words, OROP was not calculated in two parts comprising of the ACP regime and MACP regime. In this context, reliance has been placed on Note VI appended to the table for working out OROP calculations. Note VI reads as follows: -
Supreme Court of India Cites 4 - Cited by 176 - D Gupta - Full Document
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