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Saturday, 4 April 2015

‘Ex-servicemen entitled to pension on basis of rank last held’

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

52 comments :

  1. 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 .

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  2. I 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.

    ReplyDelete
    Replies
    1. my mobile no. is 9855013962 please send me your mob.no. i'll call u

      Delete
  3. Justice hailed. Straightened the tortuous thinking of beurocracy.

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  4. Ex-sgt. S. Chandrashekar Sr. No 2796695 April 2015 at 02:42

    I an Ex-Sgt. of Indian Air Force retired w.e.f. 01-05-1981 after serving for 15 years.
    I 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.

    ReplyDelete
  5. Hello Mathews sir.

    Please 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.

    ReplyDelete
  6. Dear Sir,
    It 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.

    ReplyDelete
  7. 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

    ReplyDelete
    Replies
    1. Dear Sir,
      Please post your problem in the chat box to get answer from experts

      Delete
    2. 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

      Delete
    3. ex Sgt rao cn ( 9849945729)13 July 2016 at 18:29

      Mr.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.

      Delete
  8. Dear 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.

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  9. A Very Good News. Whether we have to apply to AFRO or they will do it on their own

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  10. It 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

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  11. Pl. 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.

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  12. Can 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.

    Ex-SGT(JWO) S K Sinha

    ReplyDelete
  13. Ex MWO SN Sharma (274194 K) Eqpt Asst (Y)
    Dear 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

    ReplyDelete
  14. Hi Mr. Sinha , I am also like you. Rank JWO but gettong SGT Pension . share your mail Id & contact no
    Mine is 7024128282 & I'd is tripathikripa1963 @ gmail.com

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  15. Dear sir. Will it be updated to all by PCDA or the individual should approach AFT pl specify

    ReplyDelete
  16. Can 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.

    Ex JWO S K Singh sushil1962@gmail.com
    (M) 8004933744

    ReplyDelete
  17. 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

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  18. Can 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.

    Ex-JWO P Kumar

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  19. 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.

    ReplyDelete
  20. Dear 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

    ReplyDelete
    Replies
    1. Dear Sir,

      Why 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.

      Delete
  21. 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.

    ReplyDelete
  22. Sir, 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
    mobile no 09426668484

    ReplyDelete
  23. Sir,
    This 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

    ReplyDelete
  24. 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

    ReplyDelete
  25. Dear 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

    ReplyDelete
  26. Dear 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

    ReplyDelete
  27. Dear 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.

    S K Sinha

    ReplyDelete
  28. 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

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  29. Hi Mr. Chandran,
    May I have the Case No so that i can also follow... My case is same, Please Help

    ReplyDelete
  30. Dear Sir,
    it 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

    ReplyDelete
  31. Hi ,
    It is observed that people wants to know information from others but they forgot to write contact details so u must endorse your details .

    ReplyDelete
    Replies
    1. Dear Sir,
      Please 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

      Delete
  32. Dear Sir,

                  I 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.

    ReplyDelete
    Replies
    1. Dear Sir,
      Judgement 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.

      Delete
  33. Sir, it would be appreciable if you upload the latest AFT Chennai judgement in favour of Mr. Gopalakrishnan also. Thanks in advance.


    S K Sinha
    Ex-SGT(JWO)

    ReplyDelete
    Replies
    1. This judgement is yet to be published & it will be posted in this blog sooner it is published.

      Delete
  34. Sir;
    Same 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

    ReplyDelete
  35. 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.
    Sir 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

    ReplyDelete
  36. Please Display the follow up action to be taken for payment of Arrears of Pension of last Rank held even for 01 day.

    Thanks

    ReplyDelete
  37. Dear Sirs,

    I 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

    ReplyDelete
  38. Dear sir,
    Can anyone provide me contact no. of Ex-JWO Bharat singh Khatana, whose AFT is challenged in supreme court for same case.

    ReplyDelete
  39. 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

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  40. This 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.

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  41. Ex 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).

    ReplyDelete
  42. Sir, 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.

    ReplyDelete
  43. sir, 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.

    ReplyDelete