Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Pensionary benefits |
Content Type | Text |
Resource Type | Law Order |
Jurisdiction | India |
Case Type | Miscellaneous Application |
Court | Supreme Court of India |
Disposal Nature | Others |
Headnote | Armed Forces – Women Short Service Commissioned Officers – Pensionary benefits – Order by this Court granting one time pensionary benefits to the women Short Service Commissioned Officers on basis that they have completed the minimum qualifying service of twenty years, required for pension – Eligible officers in terms thereof, not entitled to any arrears of salary, but the arrears of pension payable with effect from the date on which the officers are deemed to have completed twenty years of service – Pursuant thereto, women officers were released from service at the end of the fourteenth year and for computing the pension, salary was taken as the last drawn salary as of the date of the release, and no increments were granted to the applicants between the date of release and the date on which they are deemed to have completed twenty years service in terms of the aforesaid order – Applicants case that directions not correctly interpreted, once the applicants have been treated to have completed the minimum qualifying service required for pension, the last drawn salary must be taken as on that date and increments have to be computed for pension: Held: Order by this Court granting one time pensionary benefits to the women Short Service Commissioned Officers clarified – Pensionary payments would have to be computed on the basis of the salary on the date of the deemed completion of twenty years – Women SSCOs entitled to notional increments between the date of release and the date on which they have completed the minimum qualifying period for pension, namely, the deemed completion of twenty years – On basis thereof, the one time pensionary payment due in terms of the previous order revised and arrears due and payable to be paid within the stipulated period – Issues as regards the computation of the commuted value of the pensionary payment, encashment of annual leave, and grant of ECHS benefits also clarified. [Paras 11] |
Judge | N/A |
Neutral Citation | 2024 INSC 311 |
Petitioner | Wg Cdr A U Tayyaba (retd) & Ors. |
Respondent | Union Of India & Ors. |
SCR | [2024] 4 S.C.R. 518 |
Judgement Date | 2024-04-15 |
Case Number | 8208 |
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