AFT directs revision of Brigadier’s pension by Col Khera

First Decision

AFT directs revision of Brigadier’s pension

Vijay Mohan
Tribune News Service
Chandigarh, November 23
Within a week of being established, the Chandigarh Bench of the Armed Forces Tribunal (AFT) today disposed of the first case that came up before it, with directions to the government for revising the pension of a Brigadier in accordance with new scales.
The petitioner, Brig Raghu Kapoor, was getting pension at old rates that already stood abolished. Consequently, according to him, his retrial benefits amounting to over Rs 20 lakh were held up.
Acting upon the petition (OA-1 of 2009), the AFT Bench comprising Justice Ghanshyam Prashad and Lieut-Gen NS Brar directed the Central Government as well as the Principal Controller of Defence Accounts (Pensions) to undertake the necessary revisions within three months. The Bench also directed that a compliance report be forwarded to it for its information.
Brigadier Kapoor had contended that at the time of his retirement, he was drawing emoluments in accordance with the scales laid down by the Sixth Pay Commission. His pension, however, was fixed as per the old Fifth Pay Commission rates. According to the petition, he was supposed to draw a basic pension of Rs 34,000 per month, but was getting just Rs 16,000. This has also affected his gratuity, pension arrears and commutation value.
He said though about a year had lapsed since the new scales were brought into effect and he had retired a few months after the said notification was issued, his pension was fixed incorrectly. He had taken up the matter with the authorities concerned, both personally and through the Department of Sainik Welfare, Punjab, but no action was taken.
In fact, armed forces personnel who had retired during the period when the Fifth Pay Commission rates were in vogue have already been placed on the Sixth Pay Commission rates.

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With Warm Regards
Col CJS Khera (Retd)
Gen Secy
Ex-Servicemen Joint Action Front
( Sanjha Morcha)
" OUR GREATEST GLORY LIES NOT IN NEVER FAILING, BUT IN RISING UP EVERY TIME WE FAIL"