Retired IPS Officers' Forum Moves Supreme Court Against Pension Rule Creating Pay Disparity For Pre-2006 Retirees
The Supreme Court recently issued notice in a writ petition filed by the Forum of Retired IPS Officers (FORIPSO) for declaring the "Validation of the Central Civil Services (Pension) Rules and Principles for Expenditure on Pension Liabilities from the Consolidated Fund of India” under Part IV of the Finance Act, 2025 as ultra vires and violative of Article 14 of the Constitution of India....
The Supreme Court recently issued notice in a writ petition filed by the Forum of Retired IPS Officers (FORIPSO) for declaring the "Validation of the Central Civil Services (Pension) Rules and Principles for Expenditure on Pension Liabilities from the Consolidated Fund of India” under Part IV of the Finance Act, 2025 as ultra vires and violative of Article 14 of the Constitution of India.
The association of retired IPS officers have come before the Court, stating that the said part of the Finance Act introduced with retrospective effect has been passed to nullify the effect of the Delhi High Court's judgment dated March 20, 2024, which was upheld by the Supreme Court on October 4, 2024. By the said orders, it was held that no distinction in pension can be made on the basis of date of retirement. To briefly put it, the petitioner had challenged the pay disparity created between pensioners who retired prior to January 1, 2006 and post January 1, 2006.
A bench comprising Justice K.V. Viswanathan and Justice Prasanna B. Varale issued notice to the Ministry of Law and Justice, the Ministry of Finance, and the Department of Pension & Pensioners' Welfare.
Background of the litigation
The petitioner forum had first filed an original application in 2012 before the Central Administrative Tribunal(CAT), Principal Bench, New Delhi, challenging the arbitrary pay disparity between pre-2006 and post-2006 retirees, which had been created solely based on their date of retirement. This recommendation was introduced in the 6th Central Pay Commission (CPC) and implemented vide an Office Memorandum dated September 1, 2008.
By an order dated January 15, 2015, the CAT quashed the said Office Memorandum as being violative of the constitution bench judgments of the Supreme Court in D.S. Nakara and Ors. v. Union of India (1983), Union of India and another v. S.P.S Vains (Retd.) and Ors (2008), and All Manipur Pensioners Association v. State of Manipur & Ors. (2020). It was held that a distinction based on date of retirement is violative of Article 14 of the Indian Constitution.
In the meantime, the 7th CPC reiterated the recommendation of the 7th CPC regarding pay disparity between pre- and post-2016 retirees. The petitioner forum approached the CAT challenging this pay disparity, which is pending adjudication.
As for the first CAT application, the same was challenged but upheld by the Delhi High Court on March 20, 2024, in All India S-30 Pensioners Association And Ors v. UOI (2024). The Delhi High Court had also stated that the petitioner Forum would be entitled to receive the revised pension from the date of revision of pension, i.e. 01.01.2006. Consequently, it directed the Union of India to make all due payments within 8 weeks from the date of the order or before May 15, 2024.
As per the petitioner, the Union Government did not comply, and a contempt petition was filed for non-compliance with the said order before the Delhi High Court. But the Union Government then filed a Special Leave Petition challenging the March 20 order. The same came to be dismissed by the Supreme Court on October 4, 2024.
During the hearing of the contempt petition on April 8, the Union Government submitted before the High Court that, in light of Part IV of the Finance Act and the retrospective authority conferred, they are no longer bound to comply with the directions. In furtherance of these submissions, the single judge referred to the division bench to adjudicate whether the 2025 Act has the effect of nullifying the March 20 order.
The reference was challenged by the retired IPS Forum on the grounds that no such reference for the interpretation and adjudication of law can be made in contempt proceedings. On May 13, the Delhi High Court set aside the referral.
In the meanwhile, similarly placed pensioners i.e., All India S-30 Pensioners Association, who had also preferred an original application before the CAT and were directly benefited by the March 20 order, filed a writ petition before the Supreme Court [W.P. (C) 525/2025]. The Supreme Court issued notice on May 23.
The Court on November 24 directed that the present writ petition be tagged with W.P.525/2025 and will be heard together.
Case Details: FORUM OF RETIRED INDIAN POLICE SERVICE OFFICERS (FORIPSO) v. UNION OF INDIA & ORS|WRIT PETITION (CIVIL) Diary No(s). 48588/2025
Appearances: For Petitioner(s) Mr. Shailesh Madiyal, Sr. Adv. Mr. Alabhya Dhamija, AOR Mrs. Sonia Dhamija Srivastava, Adv. Mr. Arjun Aggarwal, Adv. Mr. Amrit Rathi, Adv. Mr. Anchit Singla, Adv.