Retired JWO in Air Force seeks to re-fix his pension
The pension payable to ex-servicemen should be
calculated on the basis of the rank they held last before retiring from
service even if it was held for a day and more for months as perceived,
the Regional Bench of the Armed Forces Tribunal (AFT) in Chennai has
reiterated.
Justice V. Periya Karuppiah and
administrative member Lt. Gen. K. Surendra Nath (Retd.) of the Bench
also held that all ex-servicemen were entitled to their pension on the
basis of their rank last held and not just for pensioners, who retired
before 1996.
Citing recommendations made by the Sixth
Central Pay Commission and an order by the Ministry of Defence, the
Bench said, “We have already observed that the requirement of 10 months’
service in the last held rank or Group to earn pension of that rank or
Group has been removed and it is sufficient for a personnel of Armed
Forces to hold the post even for one day at the time of his discharge to
earn pension for that rank.”
When the benefits
conferred upon the Armed Forces personnel on the changed policies have
been laid, “it ought to have been issued by the respondents without any
request from the applicant,” they said in a recent order.
Arrears sought
P.
Gopalakrishnan, who retired as Junior Warrant Officer (JWO) in the
Indian Air Force, applied for an appeal seeking the AFT to direct
authorities to re-fix his pension in his last held rank as JWO in X
Group from the date of his discharge in 2005 and sought for payment of
arrears.
After hearing arguments from both sides, the
Bench directed the authorities to issue corrigendum for the
restructured pension in the rank of JWO and to pay the arrears of
revised pensions within three months.
Authorities told to issue corrigendum for restructured pension
If this is right then it is a good news for they are many who had this query in this blog about being a JWO and getting SGT pension. Justice is taking its own course to settle the issues hope everyone’s problem is resolved with broad understanding of truthful status of the situation.I believe when hard-working soldier have earned his pension of the rank, it's wrong for the authorities to decide in putting a criteria to deny his right .
ReplyDeleteI got the same orders from Hon AFT Kochi Bench in August 2013. PCDA has revised my pension and paid me the arrears wef 1998 with 8% interest.
ReplyDeletemy mobile no. is 9855013962 please send me your mob.no. i'll call u
DeleteWow its really a good news.
ReplyDeleteJustice hailed. Straightened the tortuous thinking of beurocracy.
ReplyDeleteI an Ex-Sgt. of Indian Air Force retired w.e.f. 01-05-1981 after serving for 15 years.
ReplyDeleteI have been sanctioned with only CPL pension even though I held the rank of Sgt for 6 months before my discharge from IAF. Am I not elegible for Sgt's pension ? Sir, kindly guide me to whom I should approach to get my right pension.
Hello Mathews sir.
ReplyDeletePlease provide your mail address or phone number, so that I can take some opinion regarding my pension fixaton. My mail address is reshma_renjith@yahoo.co.in and phone No. 09442577873. RK Nair from Pondicherry.
Dear Sir,
ReplyDeleteIt is a good news for those who have not completed at least 7 months in the same rank.
Whether this judgement will be applicable for all who have no gone to AFT.
Our MOD has to issue a clear order informing the same in clear Term.
Sgt.S.Kanthiah,
Exwel Trusat, Tirunelveli-TN.
Hello; Chandran Sir Iam ex-SGT Raghavendra Prasad having served IAF 20 years & and joined Andhra Bank on Aug 2008.My pay has been Refixed based on my LPC but at the same time my bank has advised my pension. Payment bank to stop my DR on my pension and my DR on pension has been stopped. Are we not entitled to draw DR on pension .please advise me in this regard Thank you sir
ReplyDeleteDear Sir,
DeletePlease post your problem in the chat box to get answer from experts
Sir, my father surat singh service is 17 years 19 days ts nk, disability is 702 rs. 20% hai, able 50% disability ya not able, my mail inderkiran1985@gmail.com
DeleteMr.Prasad...It is decided by the govt of India, those re-employed ex-servicemen, are entitled to draw DR (dearness relief). This cut off date being 01/01/1997.
DeleteDear Jose Mathew may I know whether you have got your arrears or only order u have got so far. My case is similar, I hold the Rank of JWO for 4 months and Retd. on 31/01/2001 and now getting the pension of Sgt Rank. I want to know whether I have to approach to AFRO/AFCAO for extending the benefits to me since Feb 2001 or to PCDA directly. Please suggest. Regards. Narender Hooda.
ReplyDeleteA Very Good News. Whether we have to apply to AFRO or they will do it on their own
ReplyDeleteIt is really good news those who were effected, what to do to get the entitled pension, whether it is automatically updated, else individual has to approach AFT, please clarify sir, umesh uppalike retired JWO, 9448226184
ReplyDeletePl. dont be happy on this announcement because though practically and technically it looks a righe decision but do you know that Finance Minister is already tired off of the Hon Supreme Court's orders to pay the arrears to Pre-2006, to implement the OROP within 4 months. He does'nt know when Mr. Modi will bring back the KALA DHAN from swiss bank which can be utilised for the Ex soldiers. Now you are gifting one more Headache to him. With very clever layer's mind he may choose a final way to not to pay any penny to us beggars. So pl. do not insist him to pay any arrears and to implement only the increament per month.
ReplyDeleteCan I have the order please so as to approach Pension wing, AFRO. I also suffer like same.Please mail me the copy n oblige. Thanks.
ReplyDeleteEx-SGT(JWO) S K Sinha
Ex MWO SN Sharma (274194 K) Eqpt Asst (Y)
ReplyDeleteDear MB Chandra Menon, I got my MWO rank on 01 Aug 2002 and retired form Air Force on 30 Sep 2002. My pension was fix of WO rank vide AFRO letter No.RO/2801/274194/09/02/P&W(SP) dt 27 Dec 2002.Pl let me know ,my pension will be re-fix.
Regards SN Sharma
Hi Mr. Sinha , I am also like you. Rank JWO but gettong SGT Pension . share your mail Id & contact no
ReplyDeleteMine is 7024128282 & I'd is tripathikripa1963 @ gmail.com
Dear sir. Will it be updated to all by PCDA or the individual should approach AFT pl specify
ReplyDeleteCan I have the order please so as to approach Pension wing, AFRO. I also suffer like same.Please mail me the copy n oblige. Thanks.
ReplyDeleteEx JWO S K Singh sushil1962@gmail.com
(M) 8004933744
Sir, Similar is the case with me. Left IAF on 09/10/2003 after promotion on 31st May 2003. and getting Pension of Sgt. What ahead, Whether I have to Approach AFRO or this will be done automatically Please share or Email at pushp.ashu@gmail.com
ReplyDeleteCan You please pass on the order regarding same so as to approach Pension wing, AFRO. I also suffer like same.Please mail me the copy n oblige. Thanks.
ReplyDeleteEx-JWO P Kumar
EX-JWO PRAKASH BM - Can I also have the order please to enable me to approach appropriate authorities for my case. I am EX-JWO (only for 4 months before discharge on 31.01.2001) Group 'Y'. My email - bmprakash2015@gmail.com and mob No.09482000309. Thanks.
ReplyDeleteDear Jose Mathew may I know whether you have got your arrears or only order u have got so far. My case is similar, I hold the Rank of JWO for 2 months and Retd. on 30/09/2003 and now getting the pension of Sgt Rank. I want to know whether I have to approach to AFRO/AFCAO for extending the benefits to me since Oct 2003 or to PCDA directly. Please suggest. Regards R P Yadav. Mail id ryrajendrapyadav@gmail.com
ReplyDeleteDear Sir,
DeleteWhy don't you refer the answer given by JoseMathew in this regard in the comments above.Please appreciate same reply to every individual is impossible.
this is good judgement GIVEN by AFT.There should be policy letter by mod so that effected veterans can approach directly to concerned agencies to get the arrears with out going to AFT.
ReplyDeleteSir, I too retired as a jwo on 31 dec 2003 and was promoted to the rank on 01 aug 2003. if this order stands good for all or I have to apply to AFRO/AFCAO/Else where please specify and let me know on my Id read as rambabuyadav1964@yahoo.com
ReplyDeletemobile no 09426668484
Sir,
ReplyDeleteThis is EX JWO RB YADAV 691539 was promoted to the Rank of JWO on 01 Aug 2003 and retired on 31 Dec 2003 after 5 months. Granted pension of Sgt if this is to be believed I should be granted pension of JWO. If so please advice me through my EMail where and with whom I should take up the case? or it will be done automatically.
my EMail ID is rambabuyadav1964@yahoo.com Mob No 09426668484
Ex.serviceman wel fare blog says thst one rank one pension file already cleared by finance ministry snd presently with prime minister.. Is it correct
ReplyDeleteDear Jose Mathew , My case is also similar. Please let me know whether I have to approach to AFRO/AFCAO/ PCDA for getting the benefits . Or to AFT individually. Please suggest. Regards S.Radhakrishnan. Ex-MWO. Mail id radhakrishnan 1960@gmail.com
ReplyDeleteDear Jose Mathew , My case is also similar. Please let me know whether I have to approach to AFRO/AFCAO/ PCDA for getting the benefits . Or to AFT individually. Please suggest. Regards S.Radhakrishnan. Ex-MWO. Mail id radhakrishnan 1960@gmail.com
ReplyDeleteDear Sir, It would be appreciable if the latest AFT chennai directive of Mr. Gopalakrishan is also posted...so that others can take benefit and approach PCDA with its reference.
ReplyDeleteS K Sinha
there is no stipulation from any pay commission, i think, because it is only that at the time of pension, the caluculation to be done is like this. Last ten months salary average divided by two into number of years of service plus weightage divided by 33 years as per before 6th cpc method adopted. This not so efficient MOD bureaucracy applied this ten months average to ten months service you have to do to get that ranks pension. How silly their arguments are. Once If you are promoted next higher rank means that your are having the required capability to perform in that rank, so organisation,has promoted that person. Then at the ltime of retirement you are paying lower ranks pension putting useless criteria means you are abusing your own system of functioning which could not stand before courts
ReplyDeleteHi Mr. Chandran,
ReplyDeleteMay I have the Case No so that i can also follow... My case is same, Please Help
Dear Sir,
ReplyDeleteit is really indeed a very good news. It’s all possible because your lots of efforts. I congratulate & thanks to you for this.
I am also having the same case; I had served 20 years as Radar fitter and hold a JWO rank for the last 6 months, retired in Jun 2003. I am still getting a pension of sergeant only.
You are requested to kindly advice & help me to get those benefits.
It seems that there are many friends like me so please advise us how to proceed further to get correct pension..
Thanks & regards
Ex -JWO K K Sharma
9868846642
krishan_ksharma@yahoo.com
Hi ,
ReplyDeleteIt is observed that people wants to know information from others but they forgot to write contact details so u must endorse your details .
Dear Sir,
DeletePlease do not comment adversely without going through the details already given.Please refer the case details & address given above the DA chart on the left side of this blog
Dear Sir,
ReplyDeleteI an Ex-JWO . of Indian Air Force retired w.e.f.31st July 2001 after serving for 20 years.
I have been sanctioned with only Sgt pension even though I held the rank of JWO for 4 months before my discharge from IAF.
Sir, kindly guide me to whom I should approach to get my right pension.
Regards,
S L Borkar
8655213065.
Dear Sir,
DeleteJudgement in respect of pension for the last rank held- link given on the right side of this blog above DA chart.Please take note of the same & proceed further with the help of them.This information is for every body having the same problem.
Sir, it would be appreciable if you upload the latest AFT Chennai judgement in favour of Mr. Gopalakrishnan also. Thanks in advance.
ReplyDeleteS K Sinha
Ex-SGT(JWO)
This judgement is yet to be published & it will be posted in this blog sooner it is published.
DeleteSir;
ReplyDeleteSame case retired on 31 Dec1999.Got promotion of
Jwo on 1 Dec 1999 and getting the pension of Sgt.pls guide where to approach.email
Privendra@yahoo.co.in mobile 7359277526
I Ex JWO Babalal Rathod of indian airforce retired w.e.f. 31-07-85 after serving 20 years I have been sanctioned with only Sgt. pension even though i held the Rank of JWO for 5 Months before my discharge from IAF.
ReplyDeleteSir Am i not eligible for JWO's pensions?
Kindly guide me to whom should i approach to get my right pension.
Kindly reply my mobile number +91 8733917547
Please Display the follow up action to be taken for payment of Arrears of Pension of last Rank held even for 01 day.
ReplyDeleteThanks
Dear Sirs,
ReplyDeleteI approached PDA (the case similar to Mr. Gopalakrishnana) however they clearly denied any implementation on AFT directive & said the AFT is callanged in supreme Court. The reply posted to MBC for publishing on blog.
S K Sinha
Dear sir,
ReplyDeleteCan anyone provide me contact no. of Ex-JWO Bharat singh Khatana, whose AFT is challenged in supreme court for same case.
Dear Sir, I read the reply of Air Cmde Rajan Sood , Dte of Air Veterens that a case AFT(PN) TA 339/2010 dated 29 9/2010 of Ex JWO Bharat Singh Khatana V/s UOI & others has been challanged in Hon'ble Suprem court judgment is still awaited. Govt has to amend the IAF pension regulation 1961 till date no pension will be re-fix.REGARDS EX MWO SN SWHARMA 274194 K Eqpt.Asst. 919928015859
ReplyDeleteThis judgement by the AFT is applicable to the petitioned individual only and not to all concerned/affected. The IESM must take up this case with the RM for universalisation of this judgement to get it for all affected.
ReplyDeleteEx JWO bharat singh Khatana whose AFT is challenged by AFRO in suprem Court , judgement of Suprem court will serve the purpose for all the Ex Warrior suffering for their pension on the basis of last rank held .How much time Approx will take by the court.Hearing should be on top most , because itis matter of defence personnel .Regards. Ex MWO SN Sharma 274194-K Eqpt.Asst (Y).
ReplyDeleteSir, We should approach to Govt ( MOD) that they should take action on top most priority regarding TA 339/2010 filed by Ex JWO Bharat Singh Khatana Vs UOI & Others whose AFT judgement is challenged by AFRO in Hon'ble Suprem Court judgement, so that all Ex warrior suffering for revision of pension on the basis of last rank held be benefited. Regards. EX MWO SN Sharma 274194 K Eqpt. Asst.
ReplyDeletesir, Personnel waiting for their pension on the basis of last rank held are also suffering for OROP benefit , Govt is not taking any intrest for clearance of orop file and pension on the basis of last rank held case . every one can not go to court for getting judgment because they don't have huge amount for giving to advocate who can fight case. My views that until unless PM Modi and counter part of his ministry thoes who are not in fevour of OROP should be sented out of pariament immediately then only they will realise that taking panga with armed forces personnel was not correct. Once again I am praying to God PM Modi should give instruction to RM Parrikar and FM Jaitly to clear OROP file immediately without further delay.Regards. Ex MWO SN Sharma,Jaipur.
ReplyDeleteSir,
ReplyDeleteI am ex JWO 697731 SK Akbar Ali Met Asst date of retirement 31 May 2012. In the year 2005 during deputation to Congo my rank was released but not given as I was on deputation. Officer with us they put the rank and their POR was taken by units where they are posted after Sep 2006. SAFI 2S/2008 Para 2 also mentioned that fixation of from Jan 2006. While in service i have submitted application but AFRO and AFCAO rejected and mentioned the your seniority is protected without monetary benefit. in this ground I have applied for change of option from willingness to unwillingness and got discharged on 31 May 2012, presently working in SBI. If I was not on deputation My rank of JWO since 01 Dec 2005 and pay fitment to SBI one increment more than at present. So can my case to be taken up?
Thanks my email skakbarali66@gmail.com