Pre-2006 retiree Major Gens to get pension parity with post-Jan 1, 2006, retirees

Satya Prakash

Tribune News Service

New Delhi, April 24

Pre-2006 retiree Major Generals will finally get parity with post-January 1, 2006, retiree Major Generals in pension benefits.

The NDA Government on Tuesday told the Supreme Court that it was ready to grant pension benefits to all Major Generals and equivalent ranks in the Army, Navy and Air Force, even to those who retired before January 1, 2006.

Additional Solicitor-General Pinky Anand told a Bench headed by Chief Justice of India Dipak Misra that the government has decided to allow similar benefits of revision of pension to all Major Generals and equivalent ranks.

Following the ASG’s statement, the Bench directed the Centre to comply with its decision in three months.

”The Union of India is extending the benefit to all Major Generals having equivalent ranks... in view of the aforesaid decision by the Union of India, nothing remains in this petition and the same is accordingly disposed of,” said the Bench, which also included Justice AM Khanwilkar and Justice DY Chandrachud.

On behalf of petitioner retired Major General S P S Vains, senior advocate Nidhesh Gupta demanded implementation of One Rank, One Pension.

Vains and others had sought implementation of One Rank, One Pension (OROP) scheme for retired armed forces personnel.

”Most shockingly, despite report of the Koshiyari committee and the decision of the SC in Union of India vs SPS Vains, the government delayed the implementation of the OROP in utter violation of the constitution and rule of law,” the petitioners had contended.

The issue dates back to the Fifth Pay Commission that submitted its report in 1996. The case was filed in 2001 in the Punjab and Haryana High Court by pre-1996 retirees seeking parity with post-January 1, 1996, retirees.

The litigation travelled to the Supreme Court which in 2008, accepted Gupta’s contention that pension was a reward for the past service and there could be no classification on the basis of date of retirement.

The top court had granted parity to all Major Generals but then the Sixth Pay Commission in 2006 again created a disparity between pre-2006 and post-January 1, 2006, retirees.

The Armed Forces Tribunal ruled in favour of pre-2006 retirees and the verdict was challenged by the government before the top court. After the 2008 verdict, the Government implemented it only with regard to those who were petitioners before the AFT and did not extend the benefit to other similarly placed Major Generals, resulting in protracted legal battle.

The top court accepted Gupta’s submission that it was a well-settled principle of service jurisprudence that all similarly placed persons should be given the relief and each one of them should not be forced to approach the court.