‘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

Ex-servicemen protest for 'One Rank One Pension'

Press Trust of India

April 1, 2015 Last Updated at 22:42 IST 

 

 Hundreds of ex-servicemen today staged a protest at office of District Magistrate demanding the implementation of 'One Rank One Pension' scheme and handed over a memorandum in the name of President and Prime Minister of India.

President of ex-servicemen welfare samiti BC Bansal said that PM Narendra Modi had promised implement ion of the scheme during his election campaign.
BJP government has now forgotten its promise made to the ex-servicemen after coming to power, he said.

Brigadier (retired) VS Chaudhary said that BJP has ditched the retired soldiers and in the memorandum demanded for the establishment of a 'National Soldier Commission' to look after the welfare and resolve the grievances of retired soldiers.

http://www.business-standard.com/esm/protest/ 

OROP LIKELY TO BE FURTHER DELAYED

Mail from Lt. Gen. Satish Behri

Dear Friends,

Further to my mail below, to which I have not received a response so far, I spoke to the COAS on telephone a while ago and enquired about the question I had raised in the trailing mail  

The Chief said that everything is on track and the three Chiefs have been meeting the bureaucrats to ensure that the DGL issued in Apr 14 is adhered to and the definition of OROP is in no way diluted. In fact the pension of OR is being enhanced over and above those mentioned in the DGL by about Rs 60 pm. He said the recommendations are with the FM and his clearance will take some time. So be prepared for some delay in announcement due to MoF's detailed vetting, which the Chiefs had accepted provided the principle/definition of OROP is not tampered with.

As regards the arrears the Chief said that period and mode of payment has to be decided by MoF keeping in mind their financial ability. You may remember that we had suggested that due to financial crunch the govt may the arrears in installments. On a suggestion received from a Coursemate that people over 80 yrs should not be made to wait for installments as they may arrive posthumously(!), he said that this was mentioned but he will reemphasise this requirement.

The COAS confirmed that I could convey the above to the environment.

Lt. Gen. Satish Bahri (Retd)

 One Rank One Pension to cost exchequer Rs 7,500 crore-10,000 crore
By PTI | 25 Mar, 2015, 09.04PM ISCHANDIGARH: Implementation of 'One Rank One Pension' scheme, the long-standing demand of Armed Forces veterans, is likely to cost the exchequer Rs 7,500 crore to Rs 10,000 crore, Union Minister Rao Inderjit Singh said today.

The government has already made it clear that One Rank One Pension (OROP) will be implemented with effect from April 1, 2014, the Minister of State for Defence told reporters here.

He said that the Defence Ministry had recently forwarded to the Finance Ministry the cost which the scheme's implementation would entail.

"It is likely to cost us somewhere between Rs 7,500 crore to Rs 10,000 crore," he said, adding that the previous UPA government had made a mere announcement with regard to OROP.

"During the past four to five months, we have gone deep into this. We have calculated the entire cost now," he said.

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO.(S). 8875-8876 OF 2011

UNION OF INDIA & ORS. Appellant(s)

VERSUS

VINOD KUMAR JAIN & ORS. Respondent(s)

WITH
C.A. No.1998 of 2012,
C.A.No.3564 of 2012,
C.A.No.3907 of 2012,
C.A.No.4581 of 2012,
C.A.No.4952 of 2012,
C.A.No.4980 of 2012,
C.A.No.4599 of 2013,
C.A.No.1 of 2015
AND
SLP(C)Nos.36148-36150 of 2013,
SLP(C)No.16780-16782 of 2014 &
SLP(C)No......... of 2015 (CC Nos.16903-16904)

O R D E R

Heard.
Delay condoned.

C.A.Nos.8875-76 of 2011, C.A. No.1998 of 2012, C.A.No.3564 of 2012, C.A.No.3907 of 2012, C.A.No.4581 of 2012, C.A.No.4952 of 2012, C.A.No.4980 of 2012:

We see no reason to interfere with the orders impugned.
The civil appeals are accordingly dismissed.

C.A.No.4599 of 2013, C.A.No.1 of 2015 :

No substantial question of law of general/public importance arises for our consideration in these applications for leave to appeal. 

The prayer for leave to appeal is accordingly declined and the applications for leave to appeal dismissed.

SLP(C)Nos.36148-36150 of 2013 SLP(C)No.16780-16782 of 2014 & SLP(C)Nos...........of 2015 (CC Nos.16903-16904):

We see no reason to interfere with the orders impugned.
The special leave petitions are accordingly dismissed.
Ms. Pinky Anand, learned Additional Solicitor General,
however submits that in view of the nature of the controversy  as also the extent of financial burden arising out of the implementation of the impugned orders, the petitioners-U.O.I.
may be given reasonable time to do the needful. That prayer is not opposed by counsel opposite.

We accordingly grant four months' time from today to the petitioners to comply with the impugned orders failing which the contempt petitions pending before the Tribunal can be revived by the concerned petitioners and taken to their logical conclusion.

All impleading and intervention applications are also dismissed.

.......................J
(T.S. THAKUR)
.......................J
(R. BANUMATHI)
NEW DELHI
DATED 17th March, 2015.

SC: Pension can’t be less than 50% of pay

 R Sedhuraman, Legal Correspondent, The Tribune, New Delhi, March 17

 

In a bonanza to retired employees of the armed forces, the Supreme Court today directed the Centre to pay at least 50 per cent of the pay as pension to all of them as recommended by the 6th Central Pay Commission(CPC).

A Bench headed by Justice TS Thakur passed the order while dismissing about 50 appeals filed by the Centre challenging the rulings of various high courts and armed forces tribunals (AFTs). The HCs and AFTs had struck down the office memorandums (OMs) assessing the pension amount at less than 50 per cent for some categories of pensioners.

Appearing for the Centre, Additional Solicitor General Pinky Anand had pleaded that payment of pension at 50 per cent or more would place an additional burden of Rs 1,500 crore. But the Bench said the pensioners were entitled to the CPC recommendations which had been accepted by the government.

 

They could not be denied of their dues just because some officials, who did not even have the authority to issue the OMs, had misinterpreted the recommendations, the Bench explained.

“We have already affirmed the orders of the HCs and AFTs” in a couple of cases earlier and there was no need for the Centre to come to the SC in each and every such case, the Bench said.

Today’s order should be implemented within four months extending the benefit to all those who were entitled to pension, irrespective of the fact whether they had gone to the AFT/court or not, the Bench clarified.

In one such case, the Delhi High Court had delivered its verdict on April 29, 2013, directing the Centre to ensure that pension was re-fixed at not lower than 50 per cent of the minimum of the pay in the band and the grade pay thereon. Arrears should be paid within two months and any delay would entail 9 per cent interest, it had ruled while dismissing a batch of Centre’s petitions. The HC had said it was in complete agreement with the reasoning of the Punjab and Haryana HC in similar cases.

IESM CLARIFICATION REGARDING SC JUDGEMENT

ARREARS OF  PENSION  TO BE PAID  FROM 01 JAN 2006  TO   24 SEP 2012

Dear Veterans

This refers to arrears paid for increase in pension as per recommendations of 6 CPC to all employees of  of central Government w.e.f. 24 Sep 2012. 

  Government has already paid the arrears to members of the SAG (S-29) Association from 1 Jan 2006. However this was denied to Armed Forces personnel on most stupid ground that the arrears will not be paid to those who had not gone to court. 

  RDOA had gone to court for arrears to be paid to Armed Forces also. The case was won but the Government decided to file SLP against the SC judgment. The SLP came for hearing on 17 March 15, after many extensions. Honorable SC has declined admission of SLP and asked Government to release payment of arrears w.e.f. 1 Jan 2006 within four months. These arrears are for modified parity in pension paid w.e.f 24 Sep 2012.

  Government counsel once again told Honorable SC that the arrears w.e.f 1 Jan 2006 will be paid to only litigants. On this plea Honorable SC had said that this will again increase your and our work load because within few days rest of personnel will soon approach SC for the arrears and Government will have to pay. Therefore it is better that the arrears are paid to all personnel of armed forces. 

Government counsel appealed that Government does not have money for such large payment. On this plea again Honorable SC ruled that if Government can loose thousands of crore in coal blocks this payment is chickenfeed infront of that. Hence the arrears will have to be paid within four months.

  These were oral discussions in the court, we will have to wait for formal order by the Honorable SC and the reaction of Government on the judgment. IESM will go to court on behalf of all personnel of Armed Forces in case Government refuses to pay arrears to all affected Armed Forces Personnel.

Please wait for written judgment of Honorable Supreme Court. 

Regards

Gp Capt VK Gandhi VSM
Gen Sec IESM
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