By Lokanath Mishra:The Chief Adviser, The All India Pensioners Association of CBIC:

1. Legal and Court Actions by Pensioners’ Associations

Supreme Court Challenges
• A writ petition has been filed in the Supreme Court by the Forum of Retired Indian Police Service Officers (FORIPSO) and other pensioners’ bodies challenging the validation clause contained in Part IV of the Finance Act, 2025.
• The petition argues that the provision is unconstitutional and violates Article 14 of the Constitution by creating unfair distinctions between pensioners based solely on the date of retirement. 
• It contends that Parliament cannot use retrospective validation to nullify prior judicial decisions that found such distinctions arbitrary. 
• The Supreme Court has issued notice to the Union ministries, including Finance, Law, Home, DoPPW and DoPT, seeking their response on the challenge. 
• The petition specifically seeks:
• A declaration that the validation provision in the Finance Act, 2025 is unconstitutional, ultra vires, and illegal;
• Directions to comply with earlier judicial directions, including payment of revised pension and arrears from 2006 onwards. 

2. Pensioners’ Association Agitations and Public Protests:
   The All India Pensioners Association of CBIC ( The Associations) Demand Withdrawal of the Validation Act.

Several pensioners’ groups have undertaken organized protest actions and public demands:
• The All India Pensioners’ Association of CBIC has demanded immediate withdrawal of the Validation Act, terming it detrimental to the interests of government pensioners, and has warned of nationwide agitation if the Act is not withdrawn. 
• The National Coordination Committee of Pensioners Associations (NCCPA) and various other pensioners’ organizations have held demonstrations, human chains, and protests in cities such as Khammam and Mysuru, demanding equal pay revision benefits and rejection of the validation clause that could deprive pre-2006 pensioners of full benefits. 
• Pensioners’ memoranda and resolutions have also been adopted expressing that the validation clause:
• Violates the Supreme Court’s earlier jurisprudence (e.g., D.S. Nakara vs Union of India),
• Divides pensioners into artificial classes based on retirement date, and
• Allows the Government to deny future pay revision commission benefits to existing pensioners. 

3. What the Finance Minister Said in Parliament:

During the Parliamentary debate on the Finance Bill, 2025, the Finance Minister (FM) clarified the Government’s position regarding the pension validation measures:

Key Clarifications by the Finance Minister
• The FM stated that the provisions in the Finance Bill concerning pension were not intended to change existing pension entitlements for current pensioners. They were meant to validate existing rules and historical policy decisions, not to withdraw benefits already granted. 
• Specifically, she explained that:
• The 6th CPC had already introduced a distinction between pensioners based on the 1 January 2006 cut-off, a distinction that had been accepted by earlier governments and integrated into policy. 
• The validation provision was intended to reaffirm Government authority to classify pensioners and make distinctions permitted under accepted Pay Commission frameworks, not to alter pension rights arbitrarily. 
• Official Rajya Sabha records show the FM reiterated that:
• The validation rules do not change or alter existing pension liabilities of civil or defence pensioners,
• They do not affect benefits already drawn,
• They merely reaffirm the historical policy that allowed cut-off dates and classifications in pension revisions. 

Assurances About Parity and Future Pay Commissions
• In related discussions, the Government and pension officials assured pensioners that the parity extended under the 7th CPC (between pre-2016 and post-2016 retirees) would remain intact, and the upcoming 8th CPC would continue to examine pension structures without stripping pensioners of existing benefits. 

4. Summary of Pensioners’ Grievances Against the Validation Clause:

Pensioners’ associations broadly argue that:
• The validation clause seeks to legislate away judicial protections and longstanding principles such as equality among pensioners. 
• It empowers the Government to differentiate among pensioners by retirement date in ways previously held unconstitutional. 
• They are demanding either the withdrawal of the validation clause or clarifications that ensure equitable treatment for all pensioners, including entitlement to full benefits from the 8th CPC onward.