The bench headed by Justice D Y Chandrachud today issued notice to the Advocate General Darius Khambata, and sought state's reply by November 29.
The petitioners Suryakant Deshmukh and Kiran Naik, both journalists, argue that the amendment is arbitrary and violates article 14 of Constitution which guarantees equality.
The Government employees such as class four workers, kotwals, teachers and librarians working at Anganwadis (primary schools) were not considered for increase in pension, says the petition.
There was no justification for the increase, argued advocate Pradeep Patil, the petitioners' lawyer.
More From This Section
The elected representatives in Maharashtra were quite well-off, and many of them owned sugar factories or educational institutions and moved about in expensive cars, so they did not require pension, advocate Patil said.
PIL says that the increase in pension for this category had been made seven times since 2000, while some other categories such as journalists and artists were not considered. In Gujarat, as per the PIL, elected representatives do not get any pension.