08 September 2011
IESM/Pension/ Hony Nb Sub
Shri AK Antony
Hon’ble Defence Minister
South Block, New Delhi – 110 011
Pension of Honorary Naib Subedars: Non Implementation of Court Orders
Dear Hon’ble minister,
I would like to bring to your kind notice that in accordance with GOI, Dept Ex Servicemen Welfare letter No. 1(8)2008-D (Pen/Policy) dated 12.06.2009 and recommendations of the Sixth Central Pay Commission contained in Para 5.1.62 of their report, Havildars who are granted Honorary rank of Naib Subedars are entitled to get the same pension as a Naib Subedar promoted in the regular stream. This is also in accordance with the judgments of Armed Forces Tribunal and Supreme Court. However, this is not happening and legitimate claims of the affected pensioners are being denied on the specious plea that the provisions of parity of pension between Naib Subedar and Hony Naib Subedar is applicable to only those Hon Naib Subedars who retired on or after 01.01.2006.
It needs to be noted that this contention does not stand ground as the DESW letter No. 1(8)2008-D(Pen/Policy) dated 12.06.2009 does not speak in that spirit. This matter has been also been adjudicated at AFT Chandigarh on 08.02.2010, which ruled that those provisions apply to both pre and post 01.01.2006 retirees. The GOI appeal against this judgment has also been dismissed by the Honorable Supreme Court by upholding the verdict of the AFT Chandigarh on 20.12.2010. On 11.01.2011, AFT Jaipur also gave similar ruling and directed that the arrears be paid with 6 % penal interest to the litigants. It, therefore, leaves no doubt that the GOI has to sanction the pension of a Naib Subedar also to all those Honorary Naib Subedars who retired prior to 2006.
May I request you to kindly look into the anomaly and have the orders of the court implemented at the earliest.
With best regards,
Lt Gen (Emeritus) Raj Kadyan, PVSM, AVSM, VSM
General V K Singh, PVSM, AVSM, YSM, ADCChief of Army Staff
Integrated Headquarters of MoD (Army)
New Delhi- 110011
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