Justice G. Sri. Devi Wins Legal Battle to Secure Pension Entitlements, Court Orders Implementation Within Eight Weeks
In a significant judgment, the Telangana High Court has ruled in favor of Justice G. Sri. Devi, a retired judge, granting her entitlement to pension under the Old Pension Scheme. The decision comes after Justice Devi, who initially served as a Judicial Officer in Uttar Pradesh and later as a Judge of the Allahabad High Court, challenged the notification placing her under the Contributory Pension Scheme (New Pension Scheme) upon her transfer to the Telangana High Court.
Justice Devi retired on October 9, 2022, from the High Court for the State of Telangana. Despite her service in various capacities, she was entitled to pensionary benefits under the Old Pension Scheme, a right she exercised during her tenure in Uttar Pradesh. However, due to an inadvertent notification, she was placed under the New Pension Scheme, resulting in a significantly reduced pension.
In her writ petition, Justice Devi sought a revision of her pension entitlements to reflect her eligibility under the Old Pension Scheme. The court, presided by Justice P. Sam Koshy and Justice Narsing Rao Nandikonda, examined the case and directed the refund of contributions made under the Contributory Pension Scheme to facilitate the processing of her claim under the Old Pension Scheme.
The learned counsel for the petitioner, Mr. Paida Pratik Reddy, successfully argued that the petitioner was entitled to her pension under the Old Pension Scheme. The court acknowledged the petitioner's compliance in refunding the contributions received under the New Pension Scheme and noted the repayment of funds held by HDFC Bank back to the government.
The State of Telangana, represented by the learned Government Pleader for Services II, confirmed the correspondences accepting Justice Devi's entitlement, further supported by the Accountant General's approval and sanction for the pension arrears and revised pension.
With directives to implement the pensionary benefits within eight weeks, the judgment affirms Justice Devi's rights, ensuring her pension is recalculated to Rs. 1,12,500 per month as opposed to the Rs. 17,500 previously received. The decision underscores the importance of adhering to exercised pension options and rectifies administrative oversights affecting retired personnel.
The judgment has been hailed as a triumph for pension rights, setting a precedent for similar cases where pension entitlements may be inadvertently misclassified. The Union of India, represented by Mr. N. Bhujanga Rao, Deputy Solicitor General, confirmed the expedited implementation of the court's order, marking a positive resolution for the retired judge.
Bottom Line:
Pensionary benefits - A retired Judge of a High Court is entitled to pension under the Old Pension Scheme, provided the option for the same was exercised during service.
Statutory provision(s): Pension under Old Pension Scheme, Contributory Pension Scheme, Retired High Court Judge Entitlements
Justice G.Sri. Devi v. Union of India, (Telangana)(DB) : Law Finder Doc id # 2880369
