Providing relief to personnel below officer rank (PBOR) granted honorary commission in the services, the Chandigarh Bench of the Armed Forces Tribunal (AFT) today ruled that those who had retired before January 2006 are entitled to the same post Sixth Pay Commission pension scales as applicable to similarly ranked Viceroy’s Commissioned Officers (VCOs) of the erstwhile British Indian Army.
The petitioners contended that there was parity in the pensions of the VCOs and their post-Independence successors - the JCOs - till December 2005. However, they were placed at a financial disadvantage following recommendations of a committee set up to redress the Sixth Pay Commission (SPC) grievances.
The pension of VCOs, according to the petitioners, was correctly fixed by the government prior to June 1953 and they were granted honorary ranks of Lieutenant and Captain that continued thereon. On implementation of the SPC, the government, however, introduced a “specific non-applicability clause” vide its letter dated March 8, 2010, thereby fixing their pension lower scales. In its order, the Bench comprising Justice Ghanshyam Prashad and Lt Gen NS Brar observed that the VCOs and the JCOs form one class and were treated as such with parity till 2005. “Fixing pension of the VCOs correctly and denying the same to the JCOs is discriminatory and arbitrary and they cannot be placed in different categories.”
Tribune News, Chandigarh
3 comments:
Hony Fg.Offr. N Ramakrishnan New Delhi.
Govt. has deleted Table No. 133 relating to revised pension to VCOs retired before June,1953. by an amendment to Circular No. 430 on 11th March,2011. So, reference to VCOs pension has become irrelevant. GOD HELP THE VETERANs.
The honorary Commissioned Officers in Kerala has formed as association to fight against the anomalies in their Pension, Canteen Facilities and entitlement sin ECHS ets. We have submitted a memorandum to honourable DM on 28 May 2011. This was addressed to the Honourable President of Infdia with copy to DM, service chiefs and all commandants. Those who need copy or more information please contact H;Capt K Velayudhan mob No 9447457524ingrag
It would be great help to lots of veterans living in far flug areas of country if the copy of judgement or circular issued by GOI on the subject be posted on the subject.
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