Retired teachers' pension revision follows the higher revised pay band where qualifying service was completed before the cutoff date.

Retired Lecturers, Librarians and PTIs who had completed three years in the Selection Scale before 1.1.2006 were covered by paragraph 5 of the 12.9.2008 memorandum, which required basic pension for pre-1.9.2006 pensioners to be not lower than 50% of the minimum pay in the revised running pay band plus grade pay corresponding to the post from which they retired. The later UGC Regulations could not be applied retrospectively to curtail that entitlement, and retirees who had met the qualifying service could not be placed in the lower revised band meant for those who had not completed it. The higher corresponding pay band and grade pay therefore governed pension revision.

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Issues: Whether retired Lecturers, Librarians and PTIs who had completed three years in the Selection Scale before 1.1.2006 were entitled to revision of pension on the basis of the higher corresponding pay band and grade pay under paragraph 5 of the memorandum dated 12.9.2008.

Analysis: The consolidated pension clause in paragraph 5 required that the basic pension of a pre-1.9.2006 pensioner should not be lower than 50% of the minimum pay of the post in the revised running pay band plus grade pay corresponding to the pre-revised post from which the pensioner retired. The respondents had already been granted the Selection Scale and had completed the required three years of service before the relevant cut-off date. The Court held that the later UGC Regulations could not be applied retrospectively to reduce their entitlement, and that the State could not deny the higher pension by placing such retirees in the lower revised band applicable to those who had not completed the qualifying service. The comparison with the Haryana pension rules was treated as supporting the same legal effect.

Conclusion: The respondents were entitled to revision of pension in the higher corresponding pay band with the applicable grade pay, and the State's challenge failed.

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