The Supreme Court on Monday sought responses from multiple Union ministries on a petition filed by the Forum of Retired Indian Police Service Officers questioning the legality of a new pension validation clause introduced through the Finance Act, 2025.
A bench of Justices K V Viswanathan and Prasanna B Varale issued notices to the ministries of finance, home and law, as well as the Department of Pension and Pensioners’ Welfare and the Department of Personnel and Training, and posted the matter for hearing in January next year along with other pending cases on the issue.
The petition contests the constitutionality of Part IV of the Finance Act, 2025, which introduces the “Validation of the Central Civil Services Rules and Principles for Expenditure on Pension Liabilities from the Consolidated Fund of India.”
According to the forum, this amendment effectively creates unequal treatment among pensioners belonging to the same class based purely on their date of retirement.
Citing earlier judicial precedents, the plea argues that such discrimination violates settled law which holds that pensioners placed similarly cannot be treated differently depending on their superannuation date.
Allegation of Legislative Override
The petitioner association has also alleged that the amendment amounts to a legislative attempt to revive pension provisions that courts have already struck down.
The petition states:
“It is trite law that the legislature cannot override or nullify a binding judicial pronouncement by inserting a retrospective provision which validates the provision that failed to cure the very defect the court identified.”
It submits that the disputed enactment affects ongoing proceedings before the Central Administrative Tribunal and a contempt petition before the Delhi High Court.
The forum has requested the Supreme Court to:
• Declare the pension validation clause introduced through the Finance Act, 2025 as unconstitutional, ultra vires and illegal
• Direct the authorities to comply with the Delhi High Court judgment dated 20 March 2024, which was upheld by the Supreme Court on 4 October 2024, by remitting pension to the petitioners from 2006 with arrears
• Direct payment of 12% interest per annum on delayed pensionary benefits
The matter will now be taken up in January 2026 when the batch of connected petitions is listed.
