HC notices to Centre, Defence Ministry on pension issue

New Delhi, Apr 8 (UNI) The Delhi High Court today issued notices to the Centre and the Defence Ministry on a writ petition filed by Mr Bhim Sen, chairman of All India Ex-servicemen welfare association and 15 others seeking arrears of the improved pension as annouced by the Government.

Justices A K Sikri and Bhim Sen issued the notices asking the two to file their replies by September 10 as to whether the personnel below the officers rank(PBOR's) are eligible and entitled to arrears of improved pension.

The petition states that the Ministry of Defence on June 7, 1999 had ordered implementation of the recommendations of the Fifth pay commission relating to the pensionary benefits in respect to the commissioned officers and personnel below the officer rank.

According to the petitioner, the commissioned officers benefited from the recommendations and were given huge benefits from January 1, 1996, whereas the PBORs were not given any benefits.

The Government later realised that the PBORs were left out and there was no increase in their pension after revision announced that the Group of Ministers (GoM) will look into the matter, the petition stated.

The GoM recommended that all pre-January 1,1996 retiree of other ranks be calculated on the basis of maximum of the pay of the rank as applicable on January 1, 1996 as well as enhanced weightage of Sepoys, Naiks, and Havaldars and equivalent ranks of the Navy and the Air Force. The Government accepted the recommendations and the notification was issued on February 1, 2006 and were made applicable from January 1, 2006 instead of the prior date of January 1, 1996, thereby depriving the personnel of their dues, the petition said.

The petition urged the court to resolve the issue and direct the government to pay their dues as applicable from January 1, 1996.

UNI SNG SB US2000