AFT asks Centre to revise, fix and Arrears from 2009 for Pre-2006 Discharged Officers

AFT asks Centre to revise, fix pension for discharged officers: Indian Express

Allowing 48 petitions filed by honorary commissioned officers of the rank of Honorary Lieutenants and Honorary Captains, the Armed Forces Tribunal (AFT) has directed the central government to revise and fix the correct pension in respect of all the petitioners.

The Bench comprising of judicial member Justice Rajesh Chandra, and administrative member Lt General (retd) N S Brar has held that the Honorary Commissioned Officers of the rank of Honorary Lieutenants are entitled to fixation of basic pension at the rate of Rs 15,465 per month and Honorary Captains are entitled to a pension of Rs 16,145 per month.

The Tribunal directed the central government to pay the arrears from January 7, 2009 onwards within a period of four months, to the petitioners.

Out of a total of 48 petitions decided by the bench, 28 petitions were filed by Bhim Sen Sehgal, chairman of the All India Ex-Servicemen Welfare Association (AIEWA) on behalf of 83 Honorary Officers of the armed forces who were discharged before January 1, 2006 and whose pension was fixed lower than their entitlement.

The AIEWA, through its chairman, Bhim Sen Sehgal pleaded before the Tribunal that all the petitions have “no bearing with the special leave petition (SLP) filed by Union of India in case of V K Jain which involves a totally different point of law and the Union of India has not filed any Special Leave petition in the Hardev Singh case and all these matters are covered by Hardev Singh case.”

The counsels for the respondents pleaded before the Tribunal that the Ministry of Defence through its letter dated Jan 17 this year has revised the pension of the Honorary Captains and Honorary Lieutenants which is applicable from September 24 this year only.

However this averment of the counsels of Union of India was strongly opposed by the petitioner who stated before the Tribunal that all the Honorary Captains and Honorary Lieutenants who have filed the cases prior to the date of circular dated 17 March are eligible and entitled for the arrears from July 1, 2009. The Bench agreed with the submission and held that in all these pending cases the petitioner are entitled for arrears from September 1, 2009 onwards.