Incorrect Fixing of Pay and Pension of JCOs and ORs
Dear Sir / Madam,
The 6th CPC, w.e.f 01-01-2006 had totally abrogated the requirement of the 10 months’ service in last Rank before discharge and provided that pension shall be calculated on the basis of 50% of the emoluments last drawn (or 10 months if more beneficial). The same was made applicable to both pre and post-2006 retirees by the Government. The same was also made applicable to all ranks of the defence services which becomes clear from a bare perusal of Note 1 under Table annexed as Annexure III of the Ministry’s letter dated 11-11-2008 (Annexure-17) which referred to the protection of pension as per the rank last held and not as per the rank last for which pensioned.
However, when the DESW of the Ministry of Defence issued the implementation letter, they on their own again added a line re-introducing the 10 months stipulation back into the pensionary provisions for pre-2006 retirees vide Para 2 of their letter dated 08-03-2010 (Para 2 of Annexure-18) which in reality now stood abrogated for pre-2006 as well as post-2006 retirees after the 6th CPC.
Though the pension of Last Rank is paid with arrears and interest @ 12% from their date of promotion to those who appealed at AFT or High Courts, the PCDA under MoD denies that benefit to other affected pensioners. Many cases came to be heard by the AFT on this issue and allowed and have been later upheld by the Supreme Court, the latest being Civil Appeal D No 16721/2015 Union of India Vs JWO RP Krishna Rao. But the response from CDA on our request is negative. Now-
1. Can a 'contempt of Court' appeal in Honourable Supreme Court be lodged?
2. Can all affected ex-servicemen (about 15 persons) file a single case together?
3. What shall be the total cost and can cost of litigation be demanded from MoD?
Thanks and regards.
JWO RS Sahni (Retd.)