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Pension bonanza for ex-servicemen after Supreme Court ruling

      16 Mar 2010                 Add comment       Mail        Print       Write to Editor   

New Delhi, March 16 (IANS) Some 30,000-40,000 armed forces officers who were commissioned or retired between 1986 and 1996 are in for a pay arrears and pension bonanza with the Supreme Court upholding a high court ruling that the amounts had been erroneously calculated.

Upholding the Kerala High Court ruling that 'rank pay' should be included while calculating an officer's pay and pension, the Supreme Court has directed this be re-recalculated and paid with retrospective effect from Jan 1, 1986.

'We also direct interest to be paid thereon at 6 percent per annum,' a bench of Justice Markendey Katju and Justice R.M. Lodha ruled. The judgment was delivered last week but a copy was made available only Tuesday.

The judgment will not apply to officers who were commissioned or retired post-1996 as they are covered under the Fifth and Sixth Pay Commissions.

'With this judgment, the pay of all affected officers will have to be re-fixed from Jan 1, 1986, with consequential benefits on pay, pension, commutation and leave encashment,' the Retired Defence Officers Association (RDOA) that pursued the case in the Supreme Court said in a statement.

'The anticipated arrears would range from a couple of thousand rupees to a few lakh per officer depending upon the rank held and reckonable service of the officer. About 30,000 to 40,000 officers, both serving and retired, including widows, would be directly benefited,' the statement said.

According to the RDOA, the defence ministry committed a 'faux paus' by not including 'rank pay' in the total emoluments and then doing the pay fixation, as had been recommended by the Fourth Pay Commission, which presented its final report in 1987.

'This resulted in huge financial loss to the officers with cumulative effect on pay, DA, pension, gratuity and commutation,' the association said.

Acting on the plea of Major A.K. Dhanapalan, a single judge bench of the Kerala High Court Oct 5, 1998, directed that the calculations be done afresh. A division bench of the high court upheld this July 4, 2003.

The government appealed against this in the Supreme Court and the RDOA also filed its own plea.

Many similar petitions were filed in various high courts all over the country by other officers as well.

'These were clubbed together and transferred to the Supreme Court to be heard along with an transfer petition of similar nature that had arisen out of a case that was allowed on the basis of the judgment in Major Dhanapalan's case,' RDOA said.




Comments On This Story
Our reader colonolshekhawat Says EX serviceman status
for (NON pensioner*) Territorial army officers alike all other SSCO & ECO


Prevailing Definition of Ex serviceman As per Deptt of Pers & Training, Govt of India
The eligibility of the person to the status of ex-Servicemen is governed by the definition in vogue at the time of his discharge and will not be affected by the changes in the definition subsequent to his discharge .as revised on 1982"

Ex-servicemen" means a person who has served in any rank, whether as a combatant or a non-combatant,( includes personnel of the Territorial Army of the following categories, - Pension holders for continuous embodied service, Persons with disability attributable to military service; and Gallantry award winners) in the Naval, Military and Air Forces of the Union of India ( referred to as the Armed Forces of the Union of India), and who has,-Retired or released from such service at his or her own request after earning his or her pension; or has been released from such service on medical grounds attributable to military service or circumstances beyond his control and awarded medical or other disability pension or been released, otherwise than on his own request, from such service as a result of reduction in establishment or been released from such service after completing the specific period of engagement otherwise than at his own request or by way of dismissal or discharge on account of misconduct or inefficiency, and has been given a Gratuity

the above prevailing Definition excludes non pensioner Territorial Army officers honorably releaseddischarged with GRATUITY alike SSCO
on contrary
Emergency commissioned officers &- short service commissioned officers with just 05 years of commissioned service & releaseddischarged without pension of any kind are granted the status of EXSERVICEMAN
in other words

NON pensioner* ECO & SSCO are considered EX serviceman for having been releseddischarged with GRATUITY But the status of EX-SERVICEMAN for Territorial Army officers is based on pension grants

NON pensioner TERRITORIAL ARMY officers with PHYSICAL EMBODIED commissioned service at par to SSCO . Honorably released from service otherwise than at his own request or by way of dismissal or discharge on account of misconduct or inefficiency, & has been given a GRATUITY alike ;- SSCO & ECO still are NOT granted the status of EXSERVICEMAN (2011-02-07 11:39:08)
Our reader Lt Col Rosario DSouza(retd) Says Is our Govt waiting for the majority of the retd officers to slowly fade away so that there is less number of officers to claim their dues in/arrears.? The babus in MOD/MOF should know it very well that the arrears WILL have to be paid to the next of kin(NOK) with interest where officers have died without claiming/receiving their dues in/arrears.. (2010-10-21 01:54:46)
Our reader Sqn. Ldr. J.P. Singh Says Since the decision has been taken by the apex court, the Govt should hasten up to pay the dues with interest to avoid further delay and load to exchequer. (2010-04-19 15:31:20)


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