#Pension Scheme

The CAT ruled that Delhi Police constables appointed on compassionate grounds may be transferred from the New Pension Scheme to the Old Pension Scheme when the recruitment process started before the OPS cut-off date, even if they joined after 1 January 2004. The tribunal held that laches and lack of prior notice do not defeat the entitlement. This benefits all compassionate-appointment employees seeking OPS benefits.

Bombay HC dismisses contempt petition against insurer for non-payment of pension, ruling that employees must independently prove eligibility under the pension scheme even after a favorable judgment. The ruling clarifies that contempt jurisdiction cannot be invoked solely for non-compliance with prior orders without establishing entitlement.

Himachal Pradesh High Court ruled that financial constraints cannot justify denial of pensionary benefits under the HP Corporate Sector Employees Pension Scheme, 1999. The court directed disbursal of pension within three months or payment of interest at 6% per annum, affirming entitlement even for voluntary retirees during the scheme's operational period.

Bombay High Court rules that denying pension benefits to retired teachers on financial grounds, while granting them to similarly situated employees, constitutes hostile discrimination. The judgment mandates equal treatment under the Pension-Cum-Gratuity Scheme, reinforcing that administrative convenience cannot override constitutional equality.

Madhya Pradesh High Court upholds employees' right to exercise the higher pension option under the 2014 EPF amendment, aligning with the Supreme Court's 2022 judgment. The ruling mandates EPFO to extend the exercise period for employees who missed the earlier deadline, ensuring compliance with the apex court's directions.

The Himachal Pradesh High Court has ordered the Empowered Committee to reassess rejected pension applications under the 23.04.2018 policy within four months, affirming that prior administrative inaction cannot override statutory entitlements. This ruling reinforces that individual cases must be reviewed afresh when precedent mandates policy-based reconsideration, directly impacting thousands of pending pension claims across central services.

Bombay High Court rules that a successor employer must honor pension benefits extended through prior collective bargaining agreements, even after a merger, if employee service continuity is established. The judgment reinforces that unfair labour practices under the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971, bind successor entities, protecting employee rights in corporate restructuring.