Retired JWO in Air Force seeks to re-fix his pension
The pension payable to
ex-servicemen should be calculated on the basis of the rank they held last
before retiring from service even if it was held for a day and more for months
as perceived, the Regional Bench of the Armed Forces Tribunal (AFT) in Chennai
has reiterated.
Justice V. Periya
Karuppiah and administrative member Lt. Gen. K. Surendra Nath (Retd.) of the
Bench also held that all ex-servicemen were entitled to their pension on the
basis of their rank last held and not just for pensioners, who retired before
1996.
Citing recommendations
made by the Sixth Central Pay Commission and an order by the Ministry of
Defence, the Bench said, “We have already observed that the requirement of 10
months’ service in the last held rank or Group to earn pension of that rank or
Group has been removed and it is sufficient for a personnel of Armed Forces to
hold the post even for one day at the time of his discharge to earn pension for
that rank.”
When the benefits
conferred upon the Armed Forces personnel on the changed policies have been
laid, “it ought to have been issued by the respondents without any request from
the applicant,” they said in a recent order.
Arrears sought
P. Gopalakrishnan, who
retired as Junior Warrant Officer (JWO) in the Indian Air Force, applied for an
appeal seeking the AFT to direct authorities to re-fix his pension in his last
held rank as JWO in X Group from the date of his discharge in 2005 and sought
for payment of arrears.
After hearing arguments
from both sides, the Bench directed the authorities to issue corrigendum for
the restructured pension in the rank of JWO and to pay the arrears of revised
pensions within three months.
Authorities told to issue
corrigendum for restructured pension
SOI- The Voice of pensioners.
Dear Sir,
ReplyDeleteit is really indeed a very good news. It’s all possible because your lots of efforts. i congratulate & thanks to you for this.
I am also having the same case; I had served 20 years as Radar fitter and hold a JWO rank for the last 6 months, retired in Jun 2003. I am still getting a pension of sergeant only.
You are requested to kindly advice & help me to get those benefits.
Thanks & regards
Ex -JWO K K Sharma
9868846642
krishan_ksharma@yahoo.com
Thank you for your comments. Please visit The voice of pensioners blog. and see the comments. you get some phone numbers of benefited JWOs. you can contact them,.
ReplyDeleteYou can write to Dte. of Air Veterans, New Delhi also.
Sgt.S.kanthiah.
Air Cmde Rajan Sood
ReplyDelete5 Oct
to me
1. Please refer your e mail.
2. As per Para 122 of Pension regulations for the Air Force 1961 (Part-I), "Except as otherwise provided for, service pension is assessed on the lowest rank and lowest rank and lowest group held by an individual during the last ten months of his service qualifying for pension". Further as per para 123, "A competent authority may condone a deficiency of service on a particular rank not exceeding three months, except on voluntary retirement ". It is also intimated that the extent policy is not being amended or superseded till date in respect of Pre-2006 pensioners.
As you have not completed a minimum period of 10 months service in last rank held and hence not entitled for MWO Rank Pension which is correct and in order as per policy in vogue.
Further it is intimated that the various AFTs are passing orders on the basis of AFT (PB) New Delhi judgement dated 29 Jan 2010 passed in TA No. 339/2010 filed by Ex JWO Bharat Singh Khatana Vs UOI and others. It is pertinent to mention here that the AFT (PB) New Delhi Court order dated 29 Jan 2010 has been challenged before the Hon'ble Supreme Court of India and the case is pending for adjudication.
Dir III
I am Ex Gp I Sgt pensioned off from 16/3/1969 after 15 years qs.I held my last Rank as Sgt for 17 months. Contrary to Air Cmdre Rajan Sood's citing of paras 122&123 of Air Force Pension Regulations and AFT verdicts upheld even by SC, my Original PPO showed my Rank as Sgt but the Rank for pension as CPL only. My OROP calculation sheet also shows my rank for pension only as a CPL. PCDA pensions reiterate that they are right in terms of their Circular 555. Is it a case for AFT or....? I am 82+
Deletedear Veteran friends
ReplyDeleteSupreme court has rejected the petition filed by Union of India. Veteran JWO Bharat singh Khatana has won the case in his favour. Now every one should write again citing this judgement. The judgement copy is yet to be published in SC's website.
regards
Veteran JWO Neelakantan
Sir, pl' send above case details to degadega@rediffmail.com
DeleteSir
ReplyDeleteI am ex jwo dutta gupta getting sgt pension
Retired in 1998 is it require to file
Seperate case
Thanks
Dear Sir,
ReplyDeleteI retired from IAF as a X gp JWO in Jun 2003 after 20 yrs. I held this rank for 02 months before retirement. But still I am getting sgt rank pension. Please guide me to get last rank held pension & benefits.
Thanks in anticipation & regards,
Ex -JWO R A Patil
9619367901
rajiv.123@hotmail.com
good
ReplyDelete