Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Armed Forces – Pensionary benefits |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Armed Forces – Pensionary benefits – Claim for higher pay scale – When not valid – In consequence of implementation of Fifth Pay Commission Report, Government Order dtd. 21.11.1997 issued with respect to “pay and allowances of Armed Force officers” – Relying thereon, Commissioned officers of all the three wings of Defence Forces, i.e. Army, Air Force and Navy, who had retired prior to 01.01.1996, filed O.As. before Armed Forces Tribunal for grant of next higher scale to one held by them at the time of retirement – Some claims were rejected while others were allowed by Tribunal – On appeal, held: A perusal of Order dtd. 21.11.1997 indicates that what was conveyed by the said order was sanction of the President for improvement of pay scales of the Officers, w.e.f. 01.01.1996 – Word used in the order is “pay scales” of the officers with effect from 01.01.1996, which pre-supposes that improvement of pay-scales of the Officers who are still in the establishment, has been made– Order dated 21.11.1997 was not issued with regard to commissioned officers, who had retired prior to 01.01.1996, nor it provides for stepping up of the pay-scale of such retiree officers, to a higher rank – Thus, those who were not in service on 01.01.1996 could not claim any benefit of the order dated 21.11.1997 – Further, even order dtd. 14.01.2000 was not issued for giving any benefit to those who retired prior to 01.01.1996 – Applicants-Commissioned officers were not entitled for grant of benefit of higher pay scale under Order dtd. 21.11.1997 – Orders of Tribunal extending the said benefit to those applicants who had already retired before 01.01.1996 are set aside – Whereas, the orders of Tribunal holding that Armed Forces Officers, who have retired before 01.01.1996 are not entitled for pensionary benefits are upheld. |
Judge | Hon'ble Mr. Justice Ashok Bhushan |
Neutral Citation | 2018 INSC 182 |
Petitioner | Suchet Singh Yadav & Ors. |
Respondent | Union Of India & Ors. |
SCR | [2018] 2 S.C.R. 752 |
Judgement Date | 2018-02-21 |
Case Number | 770-771 |
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