Implementation of orders of Hon’ble Courts/AFTs in pre-2006 retiree Havildars granted Hony Rank of Nb Sub cases. Dated 30.10.2017
F. No. 3(8)/2013/D(Pension/Legal)
Government of India
Ministry of Defence
Department of Ex-Servicemen Welfare
D (Pension/Legal)
Sena Bhawan, New Delhi
Daied 30th, October, 2017
To
The Chief of the Army Staff
SUbject: – Implementation of orders of Hon’ble Courts/AFTs in pre-2006 retiree Havildars granted Hony Rank of Nb Sub cases.
The Hon’ble Supreme Court in the following cases has decided:-
(a) Ex Hav (Hony Nb Sub)Virender Singh & 4 Ors. who retired prior to 01.01.2006, filed OA No. 42/2010 before Hon’ble AFT (RB) Chandigarh seeking the benefits of fitment in the pay grade of Nb Sub in accordance with Government of India, Ministry of Defence letter No 1(8)/2008-D(Pen/Policy) dated 12 June 2009. The Hon’ble AFT, vide its order dated 08 February, 2010 ordered to grant the benefit to the petitioners with instructions to release the entitlement of pension and arrears w.e.f. 01.01.2006. Civil Appeal filed by the U01 to assail AFT order dated 08 February, 2010 was dismissed by the Hon’ble Supreme Court vide order dated 13 December, 2010.
(b) In a similar case, Civil Appeal No 4677/2014 was filed by the UO1 in the Hon’ble Supreme Court in Ex Hay (Hony Nb Sub) Subhash Chander (OA 3305/2013) case. Hon’ble Supreme Court vide its order dated 20 May 2015 has dismissed the appeal and held that “we are not inclined to entertain this appeal, which is dismissed accordingly.”
2. In view of the above judgment of Hon’ble Supreme Court, matter for implementation of orders of Hon’ble Courts/AFTs in respect of Armed Forces Personnel in Hony Nb Sub cases was taken up with Department of Expenditure, Ministry of Finance for consideration. Deptt. of Expenditure has agreed to implement those orders of Hon’ble Courts/AFTs.
3. Accordingly, I am directed to convey the approval of Competent Authority in Ministry of Defence for implementation of orders of Hon’ble Courts/AFTs in pre-2006 retiree Havildars granted Hony rank of Nb Sub cases, by Service Hqrs. as under
a) Service Hqrs may implement the orders of Hon’ble Courts/AFTs in Hony Nb Sub cases by issuing absolute sanction keeping in view of the orders of Hon’ble Apex Court, quoted at Para 1 above.
b) In those Hony Nb Sub cases in which conditional sanctions have been issued by the Service Hqrs. with the approval of competent authority in MoD, Service Hqrs. may convert conditional sanction into absolute sanction ,Ett their level with the approval of competent authority at Service HQ. No interest shall be payable as per Hon’ble Supreme Court order dated 20.05.2015 in the case of UOI Vs Subhash Chander Soni.
4. The benefit regarding grant of pension of Naib Subedar to pre-2006 retired Havildars who were granted Honorary rank of Naib Subedar after their retirement, as ordered by the Courts/AFTs, would be applicable only in case of revision of pension as indicated in MoD order No 1(8)/2008-D(Pen/Policy) dated 12.06.2009 and not for retirement gratuity, encashment of leave, composite transfer grant etc.
5.The amount involved on account of implementation of Court/AFT orders will be booked under charged expenditure.
6. This issues with concurrence of Department of Expenditure, Ministry of Finance vide I.D. Note No. 140/E-V/2017 dated 05.09.2017 and MoD (Fin/Pen) U.O. No. 10(6)/2012/Fin/Pen/2012 dated 08.09.2017.
(Ajay Kumar Agrawal)
Under Secretary to the Govt. of India
Sir, I have retired 2004 as a Hav Gtd Hony Nb Sub X Gp . Am I illegible for getting pension of Nb Sub or not ? Please intimate me what action taken by me for getting pension of Nb Sub.
Thanks.
It is not neccessary to every to approach AFTs/courts for the purposee.As per the directions of Supreme Court DESW to issue instructions to implement the its own order as stated.
Is it necessary to publish a Circular by P C D A (P) Allahabad? Is the publication of a letter by DESW not sufficient to give the pension to Hony Nb Sub at par with regular Nb Sub?
सेना में सिपाही से हवलदार तक वेतन भत्ते सबसे कम हैं जबकि सेना में सबसे बड़ा काम इन्हीं का है।चाहे युद्ध हो या प्राकृतिक आपदा सब जगह इन्हीं का काम है यहां तक कि हवल को सेना की रीड( Back bon)भी कहा जाता है।
Sir,
1. Kindly ref to Govt letter dtd 12 Jun 2009, PCDA(P) Cir No 397, 415, 430, 501, 547, 549, 555, 566, 568 and 578. It is seen that those post-2006 retirees on or after 01 Jan 2006 in the rank of Hav ACP1 (Hony Nb sub) are getting pension equal to regular Nb sub wef 01 Jan 2006 but the pre-2006 Hony Nb sub with same rank and length of service who were retired prior 01 Jan 2006 are getting less pension than the post-2006. Why the concerned authorities are silence in order to give justice to pre-2006 retirees? Are there any parents of these deprived pensioners/family pensioners who were entrusted their lives/strength to the nation?
No body bother to listen unless until you go to AFT. .
Sir I am an ex service man who served in the Army Ordnance Corps for 21 years an seven months and fulfill all the terms and condition of my service and retired on 28 Feb 1997 as a Hav/S/Cont and the same on Aug 15 I got the promotion of hony/nb/sub.As per instruction suprim courts I am also entitilled to get the pension Nb/sub.But the same has not yet been received by me.As I am now become 72 years of age and also suffering from heart desease and under gone by pass surgery. Therefore I am request you to please grand me the pension of nb sub at your earliest.
Yours faithfully
No 6908871W Hony/nb/sub Ravi V
Anugrah Chala East Point
Kannur Dist. 670621
Best option is to apply rti for this to solve this problem.
Shall we apply an rti on it sir
I retired from JAK RIF on 31st January, 1988 A.N. as Havildar (Clerk) and granted Hony Rank of Naib Subedar on 15.08.1988 on fulfillment of terms and conditions of services. Though the Govt. of India, MOD,Department of Ex servicemen Welfare vide their letter dated 30.10.2017 have issued orders to the Chief Of Army Staff to issue instructions to grant pension to all pre-2006 Hony Naib Subedar retirees at par Naib Subedar but to say that nothing has been done so far. Please intimate as how long we would have to wait.
I am d.v.Ramana army no14240587m rank Hong nb sub pre 2006 ppo no s/045055/2004 I am service in signals please grant me nb sub pension
sir *1 order implemste hony nb sub settle of fixtion basic pension .please info the detailes .
It is not shameful for the all concerned that the pension of HNB of ‘X’ group retired Pre-2006 and post-2006 of ‘X’ and ‘Y’ group have been given the pension of REG Nb Sub but the step motherly behaviour with ‘Y’ Group of Pre-2006 by creating new table of Rs.8425/. What is this not understood till today.Is it like democracy type.Even after the decisions of Hon AFTs/Courts since long ,the benefit is not goven to this section of retired cat.Where to go now there is no way left this discredit goes to NDA sarkar though we support it toll today.Thank you and jai hind.
Sir any way is there to sort out this problem. Pcda till now not issued any circular in this regard
Sir,
1. Orders for implementation of decisions of hon’ble courts/afts in respect of pre-2006 Hony Nb Sub for revision of service pension wef 01 Jan 2006 passed on 30 Oct 2017 but not yet implemented by PCDA(Pension) Allahabd.
2. Period on 6th CPC from 01 Jan 2006 to 31 Dec 2015 trminated and charge taken over by 7th cpc wef 01 jan 2016 is also silent. Officers including Hony Officers are not depriving from the enhance benefits but the poor Hony Nb Sub are depriving from the revision of their pension wef 01 Jan 2006 why?
Sir why it is still not issued by pcda. Any information sir
Sir,
1. All pre-2006 Honorary Naib Subedars were depriving from benefits of revision of service pension wef 01 Jan 2006. Now the long pending decisions has been implemented by the MOD on 30 Oct 2017 for which I am heartly welcome and thanking to the concerned.
2. Injustice to one is meant for injustice to all and justice to one also justice for all. So again I appreciated, welcomed and thanks for the authority concerned who initiated for the implementation.
3. I had passed JCO cadre while in service and put forth 27 years meritorious service in clerical cadre but org transferred me pension establishment on 01 Mar 2003 without giving me regular promotion of Nb Sub. Think it over !
veteran Honorary Naib Subedar Clerk Basudev Ghimire
I appreciate the pers who was struggled for for the injustice.
Sir, I like to draw your kind attention regarding not getting pension of Nb Sub wef 01 01 2006. While I have got rank of Hony Nb Sub wef 01 06 2004. You are requested to take needful action for getting pension of Nb Sub at the earliest. Thanking you.