Last Updated on July 8, 2024 by Satish Mishra
Post covers Military Pension as Per Length of Service on basis of minimum qualifying service to earn pension is 20 years in case of Commissioned Officer and 15 years in the case Personnel Below Officer Rank.
In his last judgement by Justice Virender Singh has held that pension payable to pensioners be calculated on the basis of actual length of service and not as per maximum terms of engagement as per their rank.
The decision is based on the master policy of MOD (Ministry of Defence), already approved by the cabinet which is clear on the subject of pension.
That pension is now to be regulated as per the rank and length of service, irrespective of the date of retirement of Military official.
Also Read- AFT TRIBUNAL ADVOCATES AND LAWYERS IN CHANDIGARH PANCHKULA AND MOHALI
Facts of the Case:
- Mr. Bhan joined the est. while Royal Indian Air Force in 1944 and retired in 1980.
- Though he served the forces for 36 years but was getting pension only of 28 years, the maximum terms of engagement of his rank under one rank one pension.
- Observation of the AFT Bench Chandigarh were: Also Read- ARMED FORCES TRIBUNAL ACT, 2007
- There cannot e any impediment on division of pensioners upon the maximum terms of engagement applicable at different dates of retirement.
- As per previous pay commissions, pension was to be given for maximum tenure of 33years and it can’t be reduced by administrative actions.
- Also, the action of paying pension for a lesser length of service is arbitrary.
- Now Mr. Bhan can have pension for his service up to 36 years as held by the AFT Chandigarh/ Chandimandir Bench.
Also Read- ARMED FORCES TRIBUNAL CHANDIGARH
This paves the way for so many military pensioners who are suffering from the pension issues service matter in Indian Army.
For any case specific advice one can contact Top/Best/Expert AFT Chandigarh Lawyer/Advocate.
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