MAJORs PRE-1996 - LT COL's PENSION

LT COL's PENSIONS TO  PRE 1996 MAJORS WITH MORE THAN 21 YRS OF  ”COMMISSIONED SERVICE” .

     With effect from  1984 cadre review, one became substantive Major with 11 years of service against 13 years earlier and Substantive  Lt Col (TS)  on completion of 21 years of service. Subsequently in 1996 on implementation of the  5^th CPC the grant of Lt Col's scale of pension with Major's rank pay to Majors who had completed 20 (20) years of commissioned service was brought in. This was not implemented or was approved but not published like the case of subversion of rank pay,  post 4th cpc. Anyhow some officers of the navy and Indian air force had gone to AFT and obtained a favourable order for such scale of pay for themselves.


 Supreme Court ( IA No.1/2016 IN C A D 5112/2016) had also dismissed UOI appeal against AFT (PB) Delhi , OA 138/2013, judgment thereby  implying that all Majors and equivalent (Lt Cdr/Sqn Ldrs) ranks in IN and IAF with more than 20 yrs but less than 21 years and retired / PMR in period 1 Jan 1996 to  14 Jan 2000 were to be granted Lt Col/Cdr/Wg Cdr ‘s  rank and pension. This was circulated for the benefit of our readers.  The effective period starts  from 1/1/1996 because it was the date of implementation of 5th cpc. 14 Jan 2000 is probably the date from which it was implemented. (like the implementation of the court orders in the matter of 5th cpc pay band and pay scale controversy)


CASE STUDY of an officer

 I am afraid that all the hue and cry of Lt Col pension for Maj with 21 yrs is  unwarrranted. Maj with 21 yrs of service would have become Lt Col TS  ever  since 1984  and even though I opted for voluntary retirement 2 months  before I completed 21 yrs of svc the Army HQ had issued a letter promoting me  to Lt Col TS along with other majors of my batch!   The actual issue is of Maj with 20 yrs of svc being given pension of Lt Col  TS with rank pay of Maj, which was part of the recommendation of the 5^th  CPC but not implemented. It was this issue that  was taken up  by Sqn Ldr LD Sharma and team with AFT etc and who finally got a favourable  verdict from the apex court.  But it appears the apex court order was   applied this verdict only for the petitioners.

PRESENT STATUS
 

     AFT Chandigarh had delivered a judgement during Jun 2017 that  a pension applicable to Lt Cols as being given to Majors with 21 years of  Commissioned service who retired between 1996 and 2006 be extended to pre 1996 cases also with financial effect from Jan 2006. The AFT has also  directed the MOD to extend the benefit to all affected Officers without  forcing them into litigation. This appeared in all leading Newspapers incl    Tribune News Service.

This had also been informed by Maj Navjeet Singh after he had obtained favourable judgment for all affected officers.

  AFT  LATEST JUDGMENT  - CLICK TO OPEN

However the MOD has not issued any circular  to this effect so far for the grant of pension of a LT COL .
May we request some one to throw some more light for the information of the  Veteran Majors.

Brig Narinder Dhand
http://signals-parivaar.blogspot.in

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