India


Centre flags pension litigation delays, seeks stronger court defence

New Delhi, Oct 27 (UNI) The Centre has asked ministries to seek pension-policy advice on time and strengthen their legal defence, flagging delayed and incomplete references as a cause of adverse court orders and contempt proceedings.
The Department of Pension and Pensioners’ Welfare (DoPPW), in office memorandum, reiterated that the primary responsibility for defending government cases rests with the concerned administrative ministry or department.
“In no case should the litigation be allowed to prolong to the extent that it results in contempt proceedings,” the memorandum states.
The department said it continues to receive requests for advice at a late stage, particularly when appeals or Special Leave Petitions are being contemplated. Incomplete proposals and references submitted without approval from the competent authority further delay action.
Reiterating its July 15, 2024 policy, DoPPW directed ministries proposing first-stage appeals before High Courts in matters concerning the Central Civil Services (Pension) Rules or pension policy to refer such cases to it for comments in a timely manner.
Such references should carry the approval of the concerned Secretary and include a self-contained note with complete details and supporting documents, preferably submitted through the e-file system.
The department advised ministries to avoid seeking its comments on court matters via email, office memoranda, or letters.
It also flagged instances of government counsel approaching it directly for instructions, affidavits, compliance with court orders, and responses to contempt notices at an advanced stage, even when DoPPW is only a formal party.
Where clarification on pension rules is required, ministries should consult the nodal department, adopt a unified government position and file a common counter-reply through the concerned administrative ministry.
DoPPW said the admission of Special Leave Petitions against concurrent tribunal and High Court judgments had been minimal, underscoring the need to present government policy and rules more effectively before the High Courts.
The memorandum also urged officials to use workshop proceedings, case law compilations, and best practices for handling pension litigation.
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