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31 Mar, 2022
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Dr. Y. Ibehaibi Devi (D) By Lrs. & Ors. Vs. The State of Manipur Represented By The Commissioner (Higher and Techical Education) Government of Manipur & Anr.
As per the case facts retired Assistant Professors and a College Librarian from Manipur sought revised pension benefits The Government of India's decision to revise pay scales for teachers based
...on th Pay Commission recommendations was to be adopted by State Governments However a subsequent Office Memorandum was issued which the appellants argued infringed upon their vested right to receive revised pension benefits from an earlier date The appeal to the Supreme Court aimed to challenge this clarificatory order and secure pension benefits from the earlier date The question arose whether a clarificatory order can override an existing order or Office Memorandum with statutory force thereby impacting the vested right of retirees to receive revised pension benefits from a specific date Finally the Supreme Court ruled that the December Office Memorandum although presented as a clarification effectively encroached upon the retirees' acquired or vested right to receive benefits from an earlier date The Court determined that such a clarificatory order cannot be permitted to override an order that holds statutory strength The appeals were granted affirming the appellants' entitlement to the revised pension benefits from the earlier specified date