Feel free to contribute on burning issues concerning the armed forces. Contributions would be acknowledged - Use the 'Comments' tab or email navdeepsingh.india[at]gmail.com. No operational/business/commercial matters to be discussed please. Legal advice/litigation related issues would strictly NOT be published or discussed or entertained. Information on this blog is opinion based and is neither official nor in the form of an advice. This is a pro bono online journal in public service related to issues, policies and benefits, and the idea behind it is to educate and not to create controversy or to incite. Be soft in your language, respect Copyrights.

Sunday, July 5, 2015

Transmission of Signals from the Supreme Court for Military Pensioners

Those who have followed the blog closely, especially this post of 27 May 2015, most of the verdicts on pension anomalies emanating out of the 6th Central Pay Commission stand decided in favour of pensioners by the Supreme Court, both for military as well as civilian retirees.

An update on the same is as below:

Removal of pension anomaly from 01-01-2006 rather than 24-09-2012 for pre-2006 retiree Central Government pensioners: Appeal filed by the Govt stands dismissed by the Supreme Court in March 2015. 

Removal of pension anomaly between Honorary Naib Subedars who retired prior to 01-01-2006 vis-a-vis those who retired after 01-01-2006: Appeal filed by the Govt stands dismissed in May 2015. An unfortunate saga indeed

Removal of pension anomaly between Viceroy Commissioned Officers and post-independence Honorary Commissioned Officers who retired prior to 01-01-2006: Appeal filed by the Govt stands dismissed in May 2015.

This invariably would result in multiple execution applications before the Armed Forces Tribunal since most of these verdicts had not been implemented by the Army HQ/Ministry of Defence as per the time prescribed even in those cases where there was no stay by any higher court.

It would be in fitness of things if the Army HQ (in conjunction with Record Offices) keeps lists of affected personnel ready so as to grant government sanction at the earliest to avoid complications as already experienced in the cases of disabled soldiers upheld by the Supreme Court. This is also a good opportunity to oil the implementation machinery well and bring it in line with the law of the land. Six years after the AFT was created, it is now clear that disregard of judicial orders may not be taken so lightly, as was the case till now.

Regular updates shall now also be available on my Facebook page. 


Venkatesh VT said...

Dear Maj Navdeep
Thanks for the update.What about the requirement of 33 years of service for full pension? or is this also automatically covered by the 01 Jan 2006 instead of Sep 2012 implementation order
I also would request to give a though to the question that there is a deliberate attempt by the MOD to muzzle the Services personnel since there is no union.If this is so AFT alone may not be the solution.There could have also been a statutory military authority akin to Committee of Secretaries ,to give suitable recommendations to the political class, independent of the civil bureaucracy
with best wishes

Alok Asthana said...

Thanks, Navdeep. As for Records offices, they are very corrupt and also inefficient.

Lt Col G K Mohan Rao said...

Maj Navdeep can you comment on UOI moving an application to modify the judgement of SC dated 10 Dec 2014 on bradbanding of Disability pension

Madhu Lall said...

Dear Maj. Navdeep,
I refer to the judgment with regards to "Removal of pension anomaly from 01-01-2006 rather than 24-09-2012 for pre-2006 retiree Central Government pensioners". I understand that SC gave the gov't 4 months to roll out and implement the orders, and we're almost there.
So, what can we expect to see the outcome?

thank you

Madhu Lall

ashok said...

Thanks sir, since this pre 2006 retirees pension effect should flow flow from 1/1/2006 the date 4 months going to over with july 16 / pcda are they on job sir? our record offices are they on job sir?