Ten yrs on, soldiers get benefits of fifth pay panel

Chandigarh, December 10
About a decade after certain anomalies resulting from the recommendations of the Fifth Pay Commission (FPC) were redressed by a committee, a large number of armed forces personnel who had retied would receive their due benefits following a directive by the Supreme Court a few days ago.

After the recommendations of the FPC were announced the government had set up a committee headed by the then defence secretary, Ajit Kumar, for replacement of pay scales on account of rationalisation of trades of personnel below officer rank. This was done keeping in view their educational qualifications in relation to trade, combat and leadership skills.

The committee submitted its report on October 10, 1997. While the recommendations of the FPC were implemented with effect from January 1, 1996, the recommendations of the committee, however, were implemented with effect form October 1997.

This led to a large number of personnel who retired between January 1996 and October 1997 not getting the benefits of the revised pay scales. Consequently, the Ministry of Defence ended up with two rates of pensions for those who were drawing the same pay till the FPC came through.

A large number of affected personnel moved various high courts against the method of implementation of the committee’s recommendation. While allowing some writ petitions, the Punjab and Haryana High Court was of the opinion that the stand of the government that the petitioners were not entitled to the benefits was wholly unjustified.

“It was during the implementation of 5th Pay Commission report that it was found by the respondents that there is anomaly in the pay scales. Once the anomaly in the pay scales is found and sought to be removed then it has to be removed from the implementation of the recommendation of the Pay Commission i.e. 01.01.1996. There is no explanation as to why the said anomaly is sought to be removed from 10.10.1997. In the absence any explanation of removal of anomaly from 10.10.1997, we do not find the action of the respondents fixing such date as justified,” the HC had then ruled.

The HC had ordered that the pension of the petitioners be recalculated on the basis of the revised pay scales with effect from January 1997 and the exercise be completed within three months.

The central government, however, filed a special leave petition (SLP) against the HC order. A Division Bench of the Supreme Court dismissed the first such SLP in November. A few similar cases are reported to be pending for disposal.

Vijay Mohan
Tribune News Service
Ten yrs on, soldiers get benefits of fifth pay panel