ANOTHER GOOD NEWS TO EX-SERVICEMEN : SUPREME COURT DIRECTS GOVT. TO PAY MINIMUM 50% OF SCALE AS PENSION.
New Delhi, March 17
In a bonanza to retired
employees of the armed forces, the Supreme Court today directed the Centre to
pay at least 50 per cent of the pay as pension to all of them as recommended by
the 6th Central Pay Commission (CPC).
A Bench headed by Justice TS
Thakur passed the order while dismissing about 50 appeals filed by the Centre
challenging the rulings of various high courts and armed forces tribunals
(AFTs). The HCs and AFTs had struck down the office memorandums (OMs) assessing
the pension amount at less than 50 per cent for some categories of pensioners.
Appearing for the Centre,
Additional Solicitor General Pinky Anand had pleaded that payment of pension at
50 per cent or more would place an additional burden of Rs 1,500 crore. But the
Bench said the pensioners were entitled to the CPC recommendations which had
been accepted by the government.
They could not be denied of
their dues just because some officials, who did not even have the authority to
issue the OMs, had misinterpreted the recommendations, the Bench explained.
“We have already affirmed the
orders of the HCs and AFTs” in a couple of cases earlier and there was no need
for the Centre to come to the SC in each and every such case, the Bench said.
Today’s order should be
implemented within four months extending the benefit to all those who were
entitled to pension, irrespective of the fact whether they had gone to the
AFT/court or not, the Bench clarified.
In one such case, the Delhi
High Court had delivered its verdict on April 29, 2013, directing the Centre to
ensure that pension was re-fixed at not lower than 50 per cent of the minimum
of the pay in the band and the grade pay thereon. Arrears should be paid within
two months and any delay would entail 9 per cent interest, it had ruled while
dismissing a batch of Centre’s petitions. The HC had said it was in complete
agreement with the reasoning of the Punjab and Haryana HC in similar cases.
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