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Thursday, April 19, 2018

Pensions of Major Generals enhanced with effect from 01 January 2006

The Ministry of Defence, on being prodded by the Supreme Court, has issued orders complying with the decision of the Armed Forces Tribunal related to the pensions of Major Generals with effect from 01 Jan 2006.

The Supreme Court, in the famous case Union of India Vs SPS Vains had laid down the principles for fixation of pension with effect from 01 Jan 1996, that is, the date of applicability of the 5th Central Pay Commission (CPC).

However, a somewhat similar anomaly arose after the 6th CPC too, when affected pre-2006 retiree officers, again led by General Vains approached the Armed Forces Tribunal which further directed the Government to give effect to the principles of the decision of the Supreme Court for the new 6th CPC regime also.

The decision was however challenged by the Government in the year 2011 in the Supreme Court and it is pending in the Supreme Court since then. During the said pendency, the Ministry of Defence had implemented the decision for the litigants in the said case but not for other similarly placed pensioners and family pensioners. The Supreme Court, in December 2017, had pointed out that the decision should have been implemented for all similarly placed officers and not only litigants after which the Government had sought time to do the needful.

The Ministry has now issued orders for all other officers and the appeal of the Ministry of Defence is now more or less infructuous since the relief has been extended by the Government itself to affected officers.

The orders can be accessed by clicking here.

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