Friday, June 6, 2008

One Rank One Pension: High Court Ruling

VERY IMPORTANT : Grant better pensionary benefits to all PBOR retirees irrespective of date of retirement and provide improved pension with effect from 1-1-1996 and not from 1-1-2006 : Punjab & Haryana High Court.

The said policy was however only implemented with effect from 1-1-2006. The same was challenged in the Hon’ble Punjab & Haryana High Court. In a major decision affecting all PBOR, the High Court has now held in Civil Writ Petition No 6223 of 2007, that the said policy would be applicable from 1-1-1996 and not from 1-1-2006 as made applicable by the Central Govt because the aim of the policy was also to remove an anomaly created by the 5th CPC. The Hon’ble Court has held that since the anomaly arose in 1996, it would have to be removed with effect from 1996 and not 2006. The Hon’ble Court has also observed the following :-

“The plea of financial constraints has been raised in respect of lowest paid employees of the Armed Forces, when all other categories of employees including services have been given the benefit. Such discriminatory treatment is wholly arbitrary.”

Maj Navdeep Singh (TA)
Advocate, Punjab & Haryana High Court

For More Details:
High Court ruling on One Rank One Pension

No comments:

Disclaimer

The contents posted on these Blogs are personal reflections of the Bloggers and do not reflect the views of the "Report My Signal- Blog" Team.
Neither the "Report my Signal -Blogs" nor the individual authors of any material on these Blogs accept responsibility for any loss or damage caused (including through negligence), which anyone may directly or indirectly suffer arising out of use of or reliance on information contained in or accessed through these Blogs.
This is not an official Blog site. This forum is run by team of ex- Corps of Signals, Indian Army, Veterans for social networking of Indian Defence Veterans. It is not affiliated to or officially recognized by the MoD or the AHQ, Director General of Signals or Government/ State.
The Report My Signal Forum will endeavor to edit/ delete any material which is considered offensive, undesirable and or impinging on national security. The Blog Team is very conscious of potentially questionable content. However, where a content is posted and between posting and removal from the blog in such cases, the act does not reflect either the condoning or endorsing of said material by the Team.
Blog Moderator: Lt Col James Kanagaraj (Retd)

Resources