Pension bonanza for ex-servicemen after Supreme Court ruling

Some 30,000-40,000 armed forces officers who were commissioned or retired between 1986 and 1996 are in for a pay arrears and pension bonanza with the Supreme Court upholding a high court ruling that the amounts had been erroneously calculated.

Upholding the Kerala High Court ruling that ‘rank pay’ should be included while calculating an officer’s pay and pension, the Supreme Court has directed this be re-recalculated and paid with retrospective effect from Jan 1, 1986. 

‘We also direct interest to be paid thereon at 6 percent per annum,’ a bench of Justice Markendey Katju and Justice R.M. Lodha ruled. The judgment was delivered last week but a copy was made available only Tuesday. The judgment will not apply to officers who were commissioned or retired post-1996 as they are covered under the Fifth and Sixth Pay Commissions.

‘With this judgment, the pay of all affected officers will have to be re-fixed from Jan 1, 1986, with consequential benefits on pay, pension, commutation and leave encashment,’ the Retired Defence Officers Association (RDOA) that pursued the case in the Supreme Court said in a statement. 

‘The anticipated arrears would range from a couple of thousand rupees to a few lakh per officer depending upon the rank held and reckonable service of the officer. About 30,000 to 40,000 officers, both serving and retired, including widows, would be directly benefited,’ the statement said. 

According to the RDOA, the defence ministry committed a ‘faux paus’ by not including ‘rank pay’ in the total emoluments and then doing the pay fixation, as had been recommended by the Fourth Pay Commission, which presented its final report in 1987. 

‘This resulted in huge financial loss to the officers with cumulative effect on pay, DA, pension, gratuity and commutation,’ the association said.

Acting on the plea of Major A.K. Dhanapalan, a single judge bench of the Kerala High Court Oct 5, 1998, directed that the calculations be done afresh. A division bench of the high court upheld this July 4, 2003. 

The government appealed against this in the Supreme Court and the RDOA also filed its own plea. 

Many similar petitions were filed in various high courts all over the country by other officers as well.

‘These were clubbed together and transferred to the Supreme Court to be heard along with an transfer petition of similar nature that had arisen out of a case that was allowed on the basis of the judgment in Major Dhanapalan’s case,’ RDOA said.

49 thoughts on “Pension bonanza for ex-servicemen after Supreme Court ruling

  1. ASHA JAISWAL

    NATIONAL INTEREST / (SECURITY)
    To,
    THE RESPONSIBLE CITIZEN OF INDIA,

    Subject : DEFENCE LAND SCAM IN INDIA, THE LATEST WORTH ABOUT RS. 300 CRORES. SALE DEAL IN PROGRESS NOW BUT NOT FINALISED WITH DELHI / NOIDA BASED BUILDER MR. CHOPRA, AN I.A.S., (RESIGNED), & BRUTAL / ALMOST FATAL ATROCITIES ON A DEFENCE FAMILY WOMAN, WHO OPPOSED IT TOOTH & NAIL, YET INACTION IN THIS MATTER.

    Dear Sir,
    This is a reminder regarding my letters dated 22.7.13, 31.7.13, 10.8.13 & 25.8.13. sent to Ministers, Bureaucrats etc., with no action due to their double standards. Let’s join hands to make this issue public, for a noble cause. I, am writing to you in National interest against some notorious history sheeters, with many criminal cases pending in Courts of Law, who want to sell this Defence Land to one Mr. Chopra, a Delhi / Noida based builder & who is an I.A.S. (resigned), & apparently has Ministerial support of the Government as well. This case needs to be referred to C.B.I. / S.I.T. / E.D. / C.A.G. / N.I.A., etc. for a detailed and immediate probe, who should ensure, no documents go missing & specially from S.G.P.G.I., Lucknow. I am an estranged old lady, seriously & chronically ill, infirm, disabled & fully bed ridden & I stay in Allahabad. My son got disabled in Operation Rakshak & my daughter is a Defence Officer. The Cantonment Board / Defence Estates Office, Allahabad, interact with the public directly & this SCAM in Defence Estates is fully attributable to their dealing officials, due to their grievous lapses, negligence, nepotism, favouritism, etc. for pecuniary benefits. They were a party to the illegal transactions executed by one, Ms. Rashmi Jaiswal, the prime accused, who is a sentimental rogue known for shedding crocodile tears to earn other’s sympathy & for submitting fake, forged & manufactured documents at varied forums, to mislead them &, wrestle property & money etc, illegally (which should be verified invariably). The other accused are Utkrisht Jaiswal, Upma Jaiswal, Sunita Jaiswal, Mishri Lal Jaiswal, Ankit Jaiswal, Ajit Jaiswal, Kriti Jaiswal, R.S. Jaiswal, P.S. Jaiswal & Amardeep Jaiswal all basically residents of 2, Cassels Road, Shambhoo Estate, Allahabad – 01. There has been serious irregularities on account of corruption and execution of FRAUDULENT TRANSACTIONS & illegal encroachment by committing fraud, duping, cheating & FORGERY, due to the support & collusion of the highly corrupt Cantonment Board & Defence Estate Office, New Cantt., Allahabad with Rashmi Jaiswal, Amardeep Jaiswal & others to criminally misappropriate & SELL Defence Land of Cantonment, G.O.I., which may be prevented at any cost, by a reluctant & negligent, Sub Area, Allahabad. It demands stringent police action. An accused Amardeep, is an employee of M/s Lanco, Gurgaon / New Delhi, in the Legal Department. They arbitrarily & unilaterally sanctioned their illegal transactions. Further, they also ceased to take notice, regarding illegal construction of walls for encroaching Defence land, from time to time. Please refer to attachments. The Details of illegal & fraudulent deals executed regarding Defence Land, by Rashmi Jaiswal & all co-accused, to criminally misappropriate Army Land are as follows :

    1. Ms. Rashmi Jaiswal & other accused have encroached & captured illegally a lot of Cantt. Land, around leased, 2 & 3, Cassels Road, Shambhoo Estate, Allahabad – 211001, by building many illegal walls to grab land which as per the G.L.R. & other documents, ought not be in their possession, & encroached land’s cost could be in crores. Being informed numerously by telephone, in person, by written complaint etc., Cantt. Board, Allahabad ceased to take action, as the accused, bribed them. She, Amardeep Jaiswal & other accused by construction of illegal walls are gradually bringing more & more land under their control, to which the corrupt Cantonment Board / D.E.O., Allahabad has intentionally closed its eyes. Further the illegal structures built by them without permission of the Cantt. Board, Allahabad & in violation of the Cantonment Act are a Godown, built above & deep below the ground, several walls to encroach Defence Land illegally, water tanks & a stair case etc. These constructions being illegal & nonexistent in the GLR may kindly be demolished at once, & its sale prevented, from Rashmi Jaiswal, who has destroyed my peace of mind & is subjecting me, to inhuman & barbaric treatment, torture, tormentation, humiliation & vexation by building illegal walls all around, hence, we may be helped.

    2. Ms. Rashmi Jaiswal, Amardeep Jaiswal & all the other co-accused have defrauded, duped & cheated the Cantonment. Board / Defence Estates Office, Allahabad, by providing fake details, regarding Late Kamla Kumari’s death, & not submitting the Death Certificate issued by Sanjay Gandhi Post Graduate Institute of Medical Sciences, Lucknow to them. The Cantt. Board, Allahabad has issued to Rashmi Jaiswal & others accused a fake, fraudulent, illegal & forged Death Certificate, (Annexure – 1), without probing the truth, which is a grievous lapse & a serious irregularity or maybe closed their eyes deliberately, knowing well that K.K. Jaiswal died in Lucknow, for pecuniary benefits. In the Death Certificate issued by them, they should have stated the place of death as Lucknow & not Allahabad & the truth is that she was in a highly precarious state & was suffering from Old CNA with shaft femur, Diabetes Miletus, Hypertension, CAD, Chronic Renal Failure, septicemia with shock & many other chronic ailments, was in coma since a few days & ultimately died on 3/2/1996, at 1.30 pm at the S.G.P.G.I.M.S., Lucknow, as per its Death Certificate re-issued to us on 30/06/2000, (Annexure – 2). In fact, one person can die in one city & not in two cities, together. This forged, illegal, faulty, & fabricated Death Certificate issued by the Cantt. Board, Allahabad, is being grossly misused for fraudulent land transactions & needs to cancelled at once. Action should be taken against them for duping, defrauding & cheating the Cantt. Board, Allahabad. Initial fraudulent transactions done by Rashmi Jaiswal & others using this Death Certificate, was with the Cantonment Board, & the Defence Estate Office, Allahabad, for substitution of names in place of late K.K. Jaiswal, for transfer of lease renewal deed & mutation, regarding, entire 2 & 3, Cassels Road, Shambhoo Estate, New Cantt., Allahabad – 01. Thereafter they started grabbing Army Land of M.O.D., G.O.I., illegally & for these irregularities, the Cantt. Board / D.E.O., Allahabad are fully responsible.

    3. Late K.K. Jaiswal, wife of Late Mishri Lal Jaiswal, Resident of 2, Cassels Road, Shambhoo Estate, Allahabad – 01, was kept in Emergency of Sanjay Gandhi Post Graduate Institute of Medical Sciences, Lucknow on 2.2.96, at about 8.15 pm & later sent to the Nephrology Ward – A, after 12.00 pm, i.e. on 3.2.96, after being formally admitted to SGPGIMS, Lucknow, where she died on 3.2.96 at 1.30 pm, being in coma since some days & precariously ill, at Allahabad, & on 2.2.96, at about 1.00 pm, she was rushed to SGPGIMS, Lucknow, from Allahabad, hence she was in no condition to apply her mind & make / execute, or sign any such document, viz a WILL etc. just a day before her death, i.e. on 2.2.96. The said forged Will was manufactured by all the accused & used for illegal deals, i.e. transfer of lease deed, mutation, ownership change, registration & entry of their names in all the records of the Cantonment Board & Defence Estates Office, Allahabad.

    4. That, all the accused manufactured a FORGED / FAKE will, a fully fabricated document, dated 02.02.96 (Annexure – 3), & resorted to FRAUD, CHEATING, mischief & CRIMINAL MISAPPROPRIATION of DEFENCE LAND, which is saleable, & for it many bidders are coming. Such fraudulent transactions took place, due to collusion of some corrupt officials of the Cantt. Board / D.E.O., Allahabad with Rashmi Jaiswal, a characterless divorcee. The dealing officials who entertained such a forged will, being bribed allowed illegal transactions without verifying signatures, regarding Defence Land should be held liable & chastised. Why were such deals allowed, may be probed. The signatures of Late Ms. K.K. Jaiswal, on the will dated 2.2.96 are forged & do not match with her original signature found in the Lease Deed renewal for 2 & 3, Cassels Road, Shambhoo Estate, Allahabad which you check from your records. Ms. K.K. Jaiswal was educated & always signed in English & not in Hindi. Her signature in the lease deed renewal agreement is in English, & her sign on the said illegal Will is in Hindi & actually forged, as no one could have signed similar to hers, in English. The Xerox of the renewal of lease deed dated 9.8.95, entered between the President of India & Smt. Kamla Kumari Jaiswal, wife of Shri Mishri Lal Jaiswal, is enclosed herewith for screening the signature done in the will & renewal of lease deed document. (Annexure – 4). Ms. K.K. Jaiswal was in coma, very seriously ill & died on 03.02.96, hence was in no condition to make & sign the WILL, dated 2.2.96. The accused executed secretly illegal deals, i.e. mutation, transfer of lease & registration etc. on the basis of forged will dated 2.2.96 & Death Certificate issued by the Cantt. Board, Allahabad, which may be viewed seriously & such illegal transactions done, may kindly be cancelled at once, & a F.I.R. lodged against them for cheating, defrauding & duping.

    5. The address of all accused & Cantt. Board / Defence Estates Office, Allahabad involved in fraud, forgery jointly, as well as Controlling Offices of Cantt. Board / Defences Estates, Allahabad & their higher authorities follows below :

    Accused Civilian’s Address Address of MAIN accused Defence Organisation – 1 Address of MAIN accused Defence Organisation – 2 Address of immediate, controlling army Authority of these Offices in Allahabad
    Rashmi Jaiswal & all accused, 2, Cassels Road, Shambhoo Estate, New Cantt., Allahabad – 211001 Defence Estates Officer, D.E.O. Office, New Cantt., Thornhill Road, Near DSOI, Allahabad – 01 Chief Executive Officer, Canto- nment Board, Ashoka Road, New Cantt., Allahabad – 01 Sub Area Commander (President of Cantt. Board), Sub Area Commander’s Office, New Cantt., Near Church, Allahabad – 211001
    Address of Controlling Authority i.e. Union Ministry of Defence, New Delhi Address of Head Office of Defence Estates in New Delhi (A civilian authority) Address of immediate controlling civilian Authority of these Offices in Lucknow
    Union Defence Minister, Ministry of Defence, Government of India, 104, South Block,
    New Delhi – 110001 Director General, Directorate General of Defence Estates, Raksha Sampada Bhawan, Ulaanbaatar Marg, Delhi Cantt. – 110010 Principal Director, Principal Directorate of Defence Estates, M.O.D., Central Command, 17, Cariappa Road, Cantonment, Lucknow – 226002

    The Sub Area Commander is the Cantonment Board’s President & head of Defence Estates too, however he is apparently shielding the corrupt Officials of the Cantt. Board / D.E.O., Allahabad, as well as Ms. Rashmi Jaiswal & all the other co-accused by trying to paint this matter differently. Follow ups may be done by you regularly to discern the progress of this case. The defence / plea, of this being a personal matter, if given by any one may be rejected out rightly, as fraud, forgery, corruption, crime & Defence land scams cannot be a personal matter. Sub Area Commander, Allahabad may also be directed to instruct the Cantt. Board / DEO, Allahabad to prevent illegal transfer & SUSPEND & thereafter CANCEL, the lease of : 2 & 3, Cassels Road, Shambhoo Estate, New Cantt., Allahabad, at once, which was in K.K. Jaiswal’s name. Since, Sub Area Commander, Allahabad, has failed to reply & take action, this case may essentially be transferred to CBI / NIA / SIT / ED etc. for a probe. A stringent police action is solicited against all the corrupt & accused, as stated, at once. Awaiting your reply, at my Postal Address only, given below hence forth as the accused steal my letters.

    My Residential Address : Sincerely Yours,

    Asha Rani Jaiswal, 2-B, Cassels Road, Shambhoo Estate, New Cantt., Near Kapoor Ka _________________________
    Haatha & House of Peter D’Souza, Allahabad – 211001, Cell No. : 09335401055, 09757113490 (A.R. Jaiswal)

    Enclosures : As above & Annexure – 5 & 6 additionally. Date : ________________

    My Postal Address : A.R. Jaiswal, C/o, Rishi Raj Arora, Preeti Trade Link (P) Ltd., DSS 45 & 46, Marble Market, Sector – 21C, Faridabad – 121001.

    For more breaking & startling news on the latest & most recent Defence Land Scam in India, in Crores & Crores, click the site below or log on to the same. (This application incorporates the latest developments.) Type down Defence Land Scam in Allahabad in (First Page) GOOGLE or Defence Land Scam in India (Second & Third Page onwards in GOOGLE, for more information.

    http://sanjhamorcha2009.blogspot.in/2014/01/another-scam-of-defence-land-in-crores.html (For details with all papers)

    http://defencelandscam.blogspot.in (For a short version)

  2. Lt. Col. (TS) A. P. E. Kutty

    I WAS A COMMISSIONED OFFICER IN THE RANK OF mAJOR ON 01-01-1986. i TOOK PREMATURE RETIREMENT IN THE RANK OF LT. COL. (TS) ON 30 JUNE 1990 WITH A QUALIFYING SERVICE OF 26 YEARS. WILL ANYBODY BE KIND ENOUGH AS TO HOW MUCH MY PENSION BE AS PER THE NUMEROUS ORDERS ISSUED AFTER THE SIXTH CENTRAL PAY COMMISSION REPORT IMPLEMENTATION ? WILL I FALL IN THE CATEGORY OF PRE-2006 DEFENCE OFFICER PENSIONERS ? KINDLY ELUCIDATE. REGARDS. LT.COL. APE KUTTY (RETD)

  3. Major Chandrasekhar (Retd)

    The Rank ‘Major’ is a Field Offrs rank , bracketed with Brig rank for many purposes incl Accn.
    A major is the most ‘delivering/dependable/multi-tasking ‘ rank — an all purpose, wide employability and a hard core soldiering.
    placing him in pay band 3 is unjustified, compressing his utility/reward ratio to pathetic levels.
    For Heavens sake recognise and reward this very vital rank its dues well.

  4. Maj OP Choudhary ( Retd)

    Dear All,
    It is really heartening to know & note that the RDOA & various other Retd Officers are doing a wonderful service to the VETERANS.

    POINTS TO DELIBERATE ARE:-
    (a) Can we all come under one banner,because it is seen & noticed that presently there are are various groups/organisations voicing the same concerns but on different platforms–WHICH CERTAINLY WEAKENS OUR STAND ON THE CORE ISSUES & DIMINISHES THE BASIC PRINCIPLE OF COLLECTIVE FORCE (WHICH WE ARE AS ON DATE).

    (b) As being widely placed all over the country vigrous endeavours be made to make maximum use of the internet to exchange views & keep abreast of all the developments by sharing/contribution.

    (c) Although the case of Rank Pay UNJUSTICE is still hanging in the fire–OUT COME MAY BE POSITIVE BY THE DETERMINED EFFORTS OF THE RDOA.

    (d) By the way has any body given the serious thought to the GREAT INJUSTICE done to the Rank of Majors/ equivalent Ranks ( Retd) in the 6th CPC.Before the 6th CPC,the difference in the pension of Major & Lt Col was barely 200 Rs & now it is 20000 Rs.It is not only confined to the money alone–IT IS THE STATUS ALSO which had been down graded very badly by comparing a Major of 20 yrs service with a Major of 6 yrs service.

    Valuable views of all effected/sympathisers/concerned brother Officers are solicited pl.

    Regards,
    Maj OP Choudhary

  5. Sharma VS Captain

    64 Commissioned.65 thick of Indo-Pak war Battle Casualty status concealed slept over by AG/SHQ,war injury pension never paid. SHQ,challanged now AGMP5 admitted my BC status.AFT order to hold RSMB not being excuated.CSD denied,reason of sudden release in 68 not ever disclosed. Strangly Cadets or even dismissed paid pension,a War Wounded is such treated. Any guidelines with Court judgments ? captain.detective@gmail.com

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