GoI Policy dated 07 Jun 1999 and 09 Feb 2001, provide that the pension of all pre-2006, retiree Armed Forces Personnel will be revised based on the rank/group last held for less than 10 months before retirement….”, based on which direction was issued vide letter dt. 11 Nov 2008, to revised the pension of all Pre 2006 retiree as per the rank last held even for a single day. Earlier, Hon’ble Supreme Court on 08 Mar 2016, decline to entertain the appeal of UoI in C.A. Nos. 7366-7367 of 2011, against AFT (PB) judgment dated 29.01.2010 in JWO BS Khatana Case and held that “Pension payable to ex-servicemen should be calculated on the basis of the rank they held last before retiring from service even if it was held for a day and more for months as perceived”.
All veterans are entitled to re-FIXATION OF PENSION as per LRP from the date of retirement and not from Jan 2006’ supported by the recommendation of 6th and 7th CPC and same was upheld in a catena of judgments. Stand of MoD that not having the power to condone deficiency more than 03 months by service chief is not sustainable in light of the fact that Hon’ble AFT Chennai in the matter of Thiagarajan (Supra), waived off the 10 months as stipulated in Para 123 of Pension Reg for AF, 1961 and opined that pension cannot be deprived to an individual to a rank for which he has already rendered his service. Various benches of AFTs, allowing such cases in a single hearing, on its admission without notice.
Invalid pension
All veteran who invalided out from Army/Navy/IAF due to disability before completion of 10 years of service is eligible for both services as well as disability element of pension as per latest circular of MoD issued in the year 2020. Earlier, Hon’ble Supreme Court judgment dated 23.02.2012, UoI & Ors vs Ex Gnr Sinchetty Satyanarayan & 42 others in SLP No. 20868/2009, held that “the issue regarding grant of service element to those invalided out prior to 1973 with less than minimum qualifying service for pension as prescribed from time to time, with the approval of Hon’ble RM it has been decided to grant the benefit of “Service Element” to all pre-1973 cases wef 01.01.1973”. Therefore, invalidating disability if accessed less than 20% and held not attributable/aggravated also eligible for both ie Disability element as well as service element of disability pension as upheld by Hon’ble Supreme Court RB Kochi Order in UOI V. VR Nanukuttan Nair decided on 07 Nov 2019.