Raksha Mantri’s Committee of Experts on matter related to DESW has published their valued recommendation on applicability of pension to persons retired before completion of 10 months from date of his last promotion. The detailed recommendation of the Expert Committee is as under –
Details of the issue – Since this issue has led to, and is leading to multiple litigation in Courts, the Committee recommends that no appeals be filed before the Supreme Court on the 10 months’ stipulation since not only is the issue covered by the Constitution Bench decision of the Supreme Court in DS Nakara’s case but also the stand taken against the proposition defies all logic since such personnel are being forced to accept pension of a lower rank than the one in which they had retired and that too by impishly reintroducing a negative stipulation without the sanction of the Cabinet, which anyway stands abrogated with effect from 01-01-2006. In future, it may be taken care to grant pensions based on the rank last held, as is the case on the civil side, and not based on the last rank held for 10 months.
Recommendation of the Committee – Partially accepted
RM’s Committee of Expert have recommended following:- (i) No appeals be filed before the Supreme Court on 10 month stipulation; (ii) In Future, it may be taken care to grant pension based on the rank last held, as is the case on the civil side and not based on the last rank held for 10 months.
As regards, recommendation at (i), it is brought out that the stipulation of serving in the rank for minimum 10 months in respect of Pre2006 retiree PBORs is along with the provisions of fixing the pension at the maximum of the scale, even if no individual actually reaches at the maximum. If the individual has equal to or more than 10 months service in particular rank, his pension is calculated on the maximum of the scale for that rank, only in case if he has less than 10 months service in that rank, his pension is calculated on the maximum of the scale of previous rank.
Hence doing away the stipulations of 10 months residency period in the rank while maintaining the above provision (maximum of the scale basis) is not logical as it would grant dual benefit on the same accord and hence this part of recommendations does not hold merit.
In Civil Side, the pension during 5th CPC regime was paid at the rate 50% of the average emoluments drawn during the last 10 months of service (not on the maximum of the pay scale of the rank/post held at the time of retirement). If an individual had not completed 10 months on a particular post, for remaining period, pay of previous post would be taken for calculation of average emoluments.
Regarding the second part of recommendation, it is stated that post 2006 retirees are being given pension which is 50% of the last emoluments drawn and hence this is already being implemented. MoD(Fin/Pen) has not supported the recommendations of the Raksha Mantri’s Committee of Experts regarding delinking of the stipulation of 10 months of service in the rank for earning pension of that rank in respect of pre2006 pensioners and concurred the views of this Department.