DIVISION OF 6th CPC X GROUP VETERANS DRAWING X GP PAY AS AN EXISTING BENEFIT IRRESPECTIVE OF THEIR RANK BASED ON A CUT OF DATE WILL NOT WITHSTAND JUDUCIAL SCRUTINY.

 The 7^th CPC has revised the existing basic pay, military service pay, and XGP pay of veterans drawing the same under the 6^th CPC. It is not a newly introduced benefit under the 7^th CPC. Except for Hon. Officers, all technical PBOR Ranks of X GP were drawing the same amount of MSP and X GP Pay forms a homogeneous class. This is protected under HSC's laid-down principles governing pensions and cut-off dates contained in Paragraph 48 (ii) of WP (C) 419/2016, which reads as follows:

 "(ii) The benefit of a new element in a pensionary scheme can be prospectively applied. However, the scheme cannot bifurcate a homogenous group based on a cut-off date.

Nonetheless, 7th CPC introduced a new X GP non-technical trade, namely Garuda, with a lower X GP Pay of Rs. 3600 as a new element of benefit, which only is governed by above paragraph 48 (ii).

Hence, the 7^th CPC has created one more X GP of non-technical personnel with a lower X GP pay w.e.f. January 1, 2016, in addition to the already existing technical personnel with a higher GP pay who were a homogeneous class irrespective of rank and length of service in the 6^th CPC.

This homogeneous class of already existing X-GP veterans cannot be further divided based on the cut-off date of January 1, 2016, because the latter is protected under the preceding paragraph 48(ii).