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.
(Source- The Tribune)
Those who are not getting their last RANK pension due to not having 10 months service at that rank now they will get their last rank pension or not
ReplyDeleteIs this order of Hon"ble Court applicable to Pre-2006 pensioners Pl clarify.
ReplyDeletePre 2006 pensioners arrears whether will get or not?
DeleteYes, the entire issue was about pre-206 pensioners! Pl refer to indianmilitary.info website.
ReplyDeleteSir, I retired on 31 Aug 2005, at that time my basic salary was Rs.4700/- my pension was 2175/-PM. This was not 50% of my pay. At that time pension was fixed according to year-wise table. As per rulling my pension should be Rs.2350/-PM. Pl clarify.
ReplyDeletecan you pls let me know the case number or date of order of the supreme court. As I understand as in my case PSDA/DCDA gave me pension less than the 50% of the minimum of the PB-4 of pay band as my qualifying service including weitage was working out less than 33 yrs. Whereas irrespective of length of qualifying service I am entitled for 50% percent of of the pay band so called minimum guranteed pension.
ReplyDeleteRequest comments on my statement/my understanding.
Warriors! I retired on 31.8.98, would anyone clarify applicability of Hon.SC judgement.
ReplyDeleteS it is applicable to u. In retd in 1984. It is applicable to me.
DeleteSir , the table given as part of letter dtd 03 Sep 15 is misleading because basic pension of X group Sgt with 20 yrs should have been mentioned as Rs 7760 as fixed from 24 Sep 2012.
ReplyDelete