In a decision that will come as a major relief to military pensioners, the Armed Forces Tribunal (AFT) has ruled that the pension payable to such individuals should be calculated on the basis of actual length of service rendered by them, not as per the theoretical ‘maximum terms of engagement’ prescribed for their rank.
Allowing the petition of a 96-yrear-old IAF veteran, Master Warrant Officer Chander Bhan, the AFT’s Chandigarh Bench comprising Justice Virender Singh and Vice Admiral AG Thapliyal has ruled that the master policy of the Ministry of Defence (MoD), as approved by the Cabinet, is clear on the point that pension is now to be regulated as per the rank and length of service, irrespective of the date of retirement.
Bhan, who had joined the erstwhile Royal Indian Air Force in 1944 and was released from service in 1980, had contended that while he had served for 36 years, he was being paid the pension applicable to 28 years of service under the One Rank One Pension on the pretext that though he had served longer, the maximum terms of engagement mentioned in rules for his rank was only 28 years. Hence, in accordance with the implementation instructions issued by the MoD, pension was to be restricted as per maximum terms applicable for the rank held by a person at the time of retirement.
The Bench held that the implementation instructions could not pose any additional impediment since it would amount to dividing pensioners based upon the maximum terms of engagement applicable at different dates of retirement. The Bench also observed that the earlier accepted recommendations of pay commissions had pegged pension to a maximum term of 33 years and the same could not be reduced through administrative instructions. It added that it was also arbitrary to pay pension for a lesser length of service when he was made to serve much longer.
Incidentally, this was the last judgment by Justice Virender Singh who retired this month after having served as the AFT chairperson. The AFT is currently functioning with only two judicial members against the sanctioned strength of 17. The remaining two members are scheduled to retire in December this year. Though the MoD has advertised vacancies, the appointments would be subject to the outcome of a case challenging AFT rules that is pending before the Supreme Court.
Courtesy: Tribune News Service, Chandigarh, October 30.
