Ex-servicemen entitled to pension on basis of rank last held: AFT

Ex-servicemen entitled to pension on basis of rank last held: AFT

‘Ex-servicemen entitled to pension on basis of rank last held’

Retired JWO in Air Force seeks to re-fix his pension

The pension payable to ex-servicemen should be calculated on the basis of the rank they held last before retiring from service even if it was held for a day and more for months as perceived, the Regional Bench of the Armed Forces Tribunal (AFT) in Chennai has reiterated.

Justice V. Periya Karuppiah and administrative member Lt. Gen. K. Surendra Nath (Retd.) of the Bench also held that all ex-servicemen were entitled to their pension on the basis of their rank last held and not just for pensioners, who retired before 1996.

Citing recommendations made by the Sixth Central Pay Commission and an order by the Ministry of Defence, the Bench said, “We have already observed that the requirement of 10 months’ service in the last held rank or Group to earn pension of that rank or Group has been removed and it is sufficient for a personnel of Armed Forces to hold the post even for one day at the time of his discharge to earn pension for that rank.”

When the benefits conferred upon the Armed Forces personnel on the changed policies have been laid, “it ought to have been issued by the respondents without any request from the applicant,” they said in a recent order.

Arrears sought: P. Gopalakrishnan, who retired as Junior Warrant Officer (JWO) in the Indian Air Force, applied for an appeal seeking the AFT to direct authorities to re-fix his pension in his last held rank as JWO in X Group from the date of his discharge in 2005 and sought for payment of arrears.

Read more at: The Hindu

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10 thoughts on “Ex-servicemen entitled to pension on basis of rank last held: AFT”

  1. respected Sir, i also have same case because i hold jwo Rank for 06 Months
    & got Discharge on 30.06.2003.Please clarify whether i will be benefited by this chennai HC decision to get JWO pension or have to file case in AFT
    With Regards 684278-s Rambir Singh Chauhan 9568007431

    Reply
  2. Respected Sir,
    It is a very welcome news for me also. I have served the Indian Air Force for 20 years and retired as a JWO on 31/5/2002. I held the above rank for 9 months but I was pensioned on the Rank of Sergeant. It is quite clear from the above judgment that I am also entitled for pension for the Rank of JWO from 2006. It is also learned that, the Air Officer Commanding Air Force Records office could have condoned a period of one month (in my case) for which he was competent, as it was necessary earlier to hold a particular rank for 10 months to earn pension in that Rank. Please be kind enough to clarify and provide a copy of the above judgment for the benefit of a number of ex servicemen like me. Thanking you.

    Reply
  3. Sir, I joined IAF on 19.05.1982 and taken VRS on 31.05.2002 after completion of 20 years and 13 days of service as Radio Fitter X Group. I Got promoted on JWO Rank but not getting JWO Rank benefits because of some days were less. now according this decision can I also eligible for the last Rank pension and benefits.
    thanking you & hoping for the the early reply.
    EX- JWO Raj Kumar Sharma RDO/FIT X Group
    S. No. 680395-G
    Mob 9717857475

    Reply
  4. Sir, I think that Ministry of Defence should take cases in their hand to solve the problem i.e.they should approach Hon’ able suprem Court for giving the judgment immediatly so that all ex personnel suffering for their revision of pension on the basis of last rank held at the time of discharge. Regards. Ex MWO SN Sharma 274194-K Eqpt.Asst.

    Reply
  5. This representation is also not heeded citing reasons under Pension regulation 123 of 1961 (Part I)

    Reply
  6. Sir, I think that Dte of Air Warrior is not taking any keen intrest to solve the problem regarding ex-servicemen entitlement for pension on the basis of last rank held. He always says that TA 339/2010 in r/o Ex JWO Bharat Singh Khatan has been chalanged in Hon’able Suprem Court and adjudiction is pending. Dte of A W should approach Suprem Court through Min of Defence to finalise the case at the earliest so that people suffering can get the benefit.Regards.EX MWO SN Sharma

    Reply
  7. Sir, I have approached to AFRO for re-fixation of my pension on the basis of lasrt reank held. I got my MWO rank on 01./8/.2002 and retired on 30/9/2002. only two months I was holding my rank. AFRO has rejected my case and said that TA 339/2010 has been challanged in Hon;able Suprem Court adjudciaction is pendind.

    Reply
  8. Respected Sir, i also have same case because I hold SGT Rank for 03 Months
    & got Discharge on 31 Oct 2004. .Please clarify whether i will be benefited by this chennai HC decision to get Sgt pension or have to file case in AFT separately. also let me know how to get the above judgement copy.
    With Regards 694018-N Ex- SGT Adesh Kulshrestha Mob- 09210878661

    Reply
  9. You all are eligible for Pension for the Last Rank Held, I have got an answer from PCDA (Pensions) Allahabad, In reply to my letter sent to MOD, day before yesterday though I am not affected under this clause. Please do visit the page of Voice of Ex-servicemen Society on facebook and download the copy of the letter and also contact me on my email id for this purpose lastrankheld@gmail.com

    Reply

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