The SC judgment referred allowed the benefit. In the course of the Judgment Nakara's case was discussed and quoted Justice Desai's opinion, importantly to quote " What is pension? What are the goals of pension? What Public interest or purpose, if any, it seeks to serve? If it seeks to serve some public purpose is it thwarted by such artificial division of retirement pre and post a certain date?
To the plea of the State that the benefit would cause financial burden (just 200-240 pensioners involved) the judgment reads " the state cannot take a plea of financial burden to deny the legitimate dues to the respondents"
Further it was made clear that :The benefit shall be extended to the respondents within a space of 3 months from to-day failing which the accrued sum shall carry interest of 9% p.a
T Sampath Iyengar