SCPC: Soldiers’ pension row reaches High Court

Harish V Nair, Hindustan Times, Email Author
New Delhi, February 23, 2009
Delhi High Court will decide if the Centre is justified in denying “one rank one pension” to retired defence and government employees, numbering about 40 lakh.

After around 5,000 ex-servicemen, including decorated war veterans, returned their medals to the President at protest demonstrations at Jantar Mantar, the personnel have knocked on the doors of the court seeking justice.

Justice S Ravindra Bhat will on Tuesday hear a petition filed by a former army major and a retired central government official. They have challenged the notification that has created disparity among the pensioners by dividing them into four pay bands.

“Defence personnel of same rank and same length of service must draw same pension, irrespective of the date of retirement. As per the notification for the implementation of the recommendation of the Sixth Pay Commission, those who retired prior to January 2006 are at a very big disadvantage from those who retired after it as the government is using different formulae for computing their pension”, said lawyer Arun Maitri representing the retired personnel.

The petition says that if pension is paid for past satisfactory services rendered and to avoid destitution in old age as well as a social welfare or socio-economic justice measure, differential treatment for those retiring prior to a certain date and those retiring subsequently will amount to injustice.

With the pay commissions increasing the pay of armed forces and security personnel every 10 years, the gap between the pension received by those who retired before the implementation of the respective commissions widened.
Soldiers’ pension row reaches HC

Comment: The above seems to be mischievous case and certainly no former army major would file a court case at this juncture. Veterans certainly need to prevent such dubious cases being individually fought; and ensure the eagerness of some, does not negate our just cause of the majority. This should be withdrawn or else it could derail our legitimate fight for OROP. Many ESM cases though won in court rests deeply frozen by the Government (by counter SLP to inordinately delay the outcome). This is a catch 22 situation and all ESM need to approach the court with caution and discretion. It will be prudent always to consult reputed Maj Navdeep Singh who is an expert in legal affairs.