| Content Provider | Supreme Court of India |
|---|---|
| e-ISSN | 30484839 |
| Language | English |
| Access Restriction | NDLI |
| Subject Keyword | Service Law – Pension |
| Content Type | Text |
| Resource Type | Law Judgement |
| Jurisdiction | India |
| Case Type | Appeal |
| Court | Supreme Court of India |
| Disposal Nature | Appeal Allowed |
| Headnote | Service Law – Pension – Manipur Services (Revised Pay) Rules, 2010 - Benefit of Revised Pension Scheme - Binding force of Office Memorandum - Over Statutory Order - The appellants are retired Assistant Professors and a College Librarian - Manipur Services (Revised Pay) Rules, 2010 were framed on 05.05.2010 - Office Memorandum dated 05.05.2010, issued by the Governor provides that the pension benefits shall be paid from 01.04.2010 - On 24.12.2011 the State Government issued a further Office Memorandum which provides that the benefit of increased Pension/ Family Pension on account of revision shall be paid from 01.11.2010 - The appellants invoked the writ jurisdiction of the High Court, staking their claim for revised pension with effect from 01.04.2010 - Single Judge allowed the writ petition and held that by the Office Memorandum dated 24.12.2011, as far as the claim of the petitioners for grant of cash payment/actual benefits w.e.f. 1.4.2010 as provided under the Office Memorandum dated 5.05.2010, cannot be taken away - Division Bench allowed the appeal filed by the State and set aside the judgment passed by the Single Judge - On appeal, held: The O.M. of 24.12.2011 is in the nature of an administrative order and it has not been made and executed in the name of the Governor - In terms of Clause 3.1 of the O.M. of 05.05.2010, the appellants have acquired a vested right to get revised pension from a date which is applicable to the retired State Government employees - The O.M. of 24.12.2011 though projected as an instrument to clarify a subsisting anomaly to an O.M having statutory strength, in reality encroaches upon acquired or vested right of the retirees to get such benefit from 01.04.2010 - Such “clarificatory order” cannot be permitted to override an Order having statutory strength - The O.M. of 24.12.2011 would not have any binding effect so far as entitlement of the appellants to receive revised pension from 01.04.2010 is concerned. |
| Judge | Hon'ble Mr. Justice Aniruddha Bose Hon'ble Mr. Justice Vineet Saran |
| Neutral Citation | 2022 INSC 375 |
| Petitioner | Dr. Y. Ibehaibi Devi (d) By Lrs. & Ors. |
| Respondent | The State Of Manipur Represented By The Commissioner (higher And Techical Education) Government Of Manipur & Anr. |
| SCR | [2022] 14 S.C.R. 777 |
| Judgement Date | 2022-03-31 |
| Case Number | 2681 |
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