The Apex Court has authoritatively ruled that Pension is a right and the payment of it does not depend upon the discretion of the Government. Pension is governed by rules and a Government Servant coming within those rules is entitled to claim pension.

It is surprising that a land mark judgement delivered by the Supreme Court of India on 01 07 2015, Civil Appeal no. 1123 of 2015 has gone unnoticed . The salient features of the judgement:

1. The bench has authoritatively ruled that Pension is a right and the payment of it does not depend upon the discretion of the Government. Pension is governed by rules and a Government Servant coming within those rules is entitled to claim pension.

2. The judgement has recognised that the revision of pension and revision of pay scales are INSEPARABLE.

3. The bench has reiterated that on revision the Basic pension cannot be less than 50% of the Basic Pension in the minimum of the Pay Band in the revised scale corresponding to the pre-revised scale.

4. The government CANNOT take a plea of financial burden to deny legitimate dues of the pensioners.

5. The Government SHOULD AVOID unwarranted litigation and not to encourage any litigation for the sake of litigation.

6. When pension is upheld to be a right and NOT A BOUNTY, as a corollary to the averment that revision of pension and revision of pay scales are INSEPARABLE, upgradation of pension is also a RIGHT AND NOT A BOUNTY.

THE JUDGEMENT IS BASED ON THE DECISION ON D S NAKARA CASE.