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Monday, December 20, 2010

Supreme Court upholds grant of pension of regular Nb Sub to Honorary Nb Subedars who retired prior to 2006

As was informed on this blog earlier, on basis of the 6th CPC recommendations, the govt had issued a notification granting pension based on the pay-scale of regular Naib Subedar to Havildars granted the Honorary Rank of Naib Subedar. Though the said notification contained only a stipulation that it would be applicable with (financial) effect from 01-01-2006, it nowhere stated that it shall only apply to those who retired after 01-01-2006 and not those who retired prior to this cut-off date. It was still however being negatively interpreted by the concerned authorities that it was to apply only to post-2006 retirees. The Chandigarh Bench of the AFT in Feb 2010 had however struck down this restrictive interpretation of the imaginary cut-off date and had ruled that the benefit shall be available to all Hony Nb Subs irrespective of date of retirement.

The Ministry of Defence had challenged the said orders in the Hon’ble Supreme Court by way of an SLP. The SLP was dismissed last week thereby upholding the orders of the AFT.

Interestingly, the Army HQrs, even before the issuance of the said notification, had pointed out to the MoD, a fact which is on record, that there should be explicit orders for both pre and post-2006 retirees. But the very fair request of the PS Directorate it seems fell on deaf ears thereby leading to unnecessary litigation on the subject.

13 comments:

Harry said...

@ Maj Navdeep

Sir,

MoD NOT paying heed to Army HQ { these days known as Integrated HQ of MoD (Army), post so-called integration which is utter farce} is NOTHING NEW. Recommendations of Army HQ are routinely ignored and NOT even acknowledged let alone considered favorably. The system needs a thorough "Shake-up" !

Anonymous said...

sir,
will a retd hav/ hony nb sub in DSC be permitted to wear the star akin to the manner in which sub maj/hony lt do in DSC platoons?

Muthukrishnan said...

Dear Sir,
Thank u very much for publishing a valuable information. Your prediction in this regard has been proved in the Supreme Court. It is unfortunate that the MOD is challenging the decision of the AFT (Chandigarh). The attitude of the MOD is disheartening.

red top said...

Since the "OWNERSHIP/RESPONSIBILITY" of the servicemen by the Supreme Commander/COAS...Army HQ extends beyond retitrement there is an urgent need to have a monitoring directorate(not a cell) to project,persue and monitor implementation of all ordrs to the benefit of both serving,retired soldiers,widows and dependents.they must have complete data of all and with computers going a dime a dozen ,it can be done.The Forces will have to assert if we do not want comments as disclosed by Wikiliks.
majormehandru@airtelmail.in

CPMF said...

EXPECTED DEARNESS ALLOWANCE(DA) FROM JAN 2011 WILL REACH 50%. NOW AT 49.8%


All India Consumer Price Index Number For Industrial Workers for the month of October ,2010 Increased by 2 points and stood at 181points
As per calculation the Dearness Allowance (DA) will raise to 49.8%.So it is confirmed that DA JANUARY 2011 will cross the border of 50%.
The Allowances and Advances which may increase at the time,when DA crosses 50%.are Children education allowance,Child care allowance,Cash handling allowance,Conveyance allowance,Split duty allowance,Festival advance and Flood advance.
All Central Govt Employees are eagerly waiting for the implementation of 6th CENTRAL PAY COMMISSION's recommendations on Dearness Allowance.

Accts Sat Paul Mittal School said...

Dear Major Navdeep,

Good Morning,

Has the govt. accepted the SC orders issued any new ruling on the same so that Pre-2006 can also claim under the previous policy for Hav - Hon Nb Sub.

Please clarify so that the effected persons can avail the benift.

Regards
Rajeev Behal
accts.spsm.ldh@gmail.com
9357172728

s.Kanthiah said...

Thank you very much for publishing a very useful information through your blog Sir. We hope that the judgement is carried out in full.

Sgt.S.Kanthiah, Exwel Trust, Tirunelveli, TN.

Col said...

Sir,
For a long time I am openly saying that all welfare departments of MoD should have some element of Retired personnel.Now that we have ESM we should have representation through the same.

RPL Baranwal said...

Dear Major Navdeep,
Thank you very much for publishing the news regarding pension of honrary naib subedars. we, the community of Honorary JCOs had been awaiting for it eagerly for long time. Please do apprise us of the orders being issued by govt. of India for its implementation.
Thanking You.
Sender- R.P.L. Baranwal, Ex Hony Nb/Sub

sandeep said...

SUB : SUPREME COURT UPHOLDS GRANT OF PENSION OF REGULAR NB SUB TO HONORARY NB SUBEDARS WHO RETIRED PRIOR TO 2006.

A group of beneficieries is very very thankful to you and you are requested to kindly provide a copy of above judgement in the following address to me.
V.K.Bajpai (H/N/SUB), New Baldev Vihar, po-Kharika, Telibagh, Lucknow-226025.

GURDIP said...

Dear Major Navdeep Sahib,
u r Polestar for veteran and soldiers. Can u plse post copy of Supreme Court Order upholding pension decision of AFT Chandigarh on this blog for benefit of all. With regards,
Gurdip Singh

GURDIP said...

PENSION FOR HONY NB SUBEDAR PRE 2006
Dear Major Navdeep Sahib u r Polestar for soldiers and veterans. Can u post copy of Supreme Court order upholding order of AFT Chandigarh, for benefit of all.
Thanks
Gurdip Singh Hony Nb Subedar,ASC (PA)

GURDIP said...

Sir, In the Google search, if we search 'Pension for Hony Naib Subedar, India" Hon'ble ARMED FORCES TRIBNUNAL CHANDIGARH BENCH'S ORDER ON OA NO.772 OF 2011 of Hony Nb Sub Kanwal Singh, Petitioner vs. U.O.I. & Ors Order of 02.06.2011 appears. In this order,a reference is made to the matter already decided by the Bench vide Order dated 08-02-2010 passed in O.A. No.42 of 2010, which was subsequently affirmed by Hon'ble Apex Court in SLP CC No.18582 of 2010 filed by Union of India and others. The application for grant of pension of Naib Subedar, to Hony Nb Sub Kanwal Singh, who retired before 01.01.2006, is allowed with arrears to be paid within three months failing which the respondents shall be liable to pay the interest on the arrears @ 12% per annum till the date of actual payment. Yet, there is another Order on O.A. No.691 of 2010 of Subha Chand Sheoran & Ors, passed by the Hon'ble AFT,Chandigarh on 27.10.2010, allowing the applicants the pension of Naib Subedar. A similar order on OA No.160 of 2010 was passed by Hon'ble The Armed Forces Tribunal, Regional Bench, Jaipur on 11th January, 2011, allowing Hony Nb Subedars Dharampal, No.14506888H, Hosiyar Singh No.6909268H Sawat Ram No.6461657-M, Dhansi Ram No.2849023,pertaining to Records EME,ASC(AT), AOC, and AEC,allowing application for grant of pension of Nb Subedar, with arrears to be paid within 3 months with 6 % interest within three months from the date of receipt of this order. In the light of these orders, cannot the MOD Welfare & Pension, issue order, allowing the affected Hony Nb Subedars pension of Nb Subedar? Otherwise this is a legal expense on the Government, wastage of judiciary time and others and harm to the affected veterans concerned.