In a significant ruling by the Supreme Court of India, a judgment was passed on the revision of pension to Lt. Colonel rank and the entitlement to compensation for avoidable litigation. The case involved an individual seeking reconsideration of pension entitlement after being promoted to the rank of Lt. Colonel. Stay tuned to learn about the court’s decision on this matter.
Facts
- The Appellant voluntarily retired as Major on 15.07.1991.
- His promotion/seniority was fixed from 12.08.1970.
- The Appellant sought revision of pension to that of a Lt. Colonel 1 (TS) post 5th Central Pay Commission implementation.
- Request for pension revision to Lt. Colonel rank was rejected due to not completing 21 years of service as required by Army Order dated 20.03.1990.
- Service for pension calculation was shown as 22 years 1 month and 1 day, but decision was based on the lack of 21 years of reckoned service.
- An order dated 15.10.1991 granting promotion to Lt. Colonel by time scale included the Appellant’s name at Serial No.11.
- The Appellant is entitled to Lt. Colonel (TS) pension after being promoted to that rank and wearing the badges as per the order dated 15.10.1991.
- Order for pension payment issued on 29.07.1991 was based on Major rank, despite later promotion to Lt. Colonel on 25.09.1991.
- Armed Forces Tribunal directed reconsideration of Appellant’s representation regarding Lt. Colonel (TS) pension.
- Reconsideration was done, and the Appellant should not be denied the Lt. Colonel (TS) pension despite falling short of the stipulated 21 years of service.
- To be promoted to the rank of Lt. Colonel (TS), 21 years of reckonable service is required.
- The Appellant fell short of the 21-year service requirement by 30 days.
- For Short Service Commissioned Officers granted Permanent Commission, the date of Permanent Commission determines promotion and seniority.
- Appellant’s reckonable service was 20 years 11 months, based on his Permanent Commission date.
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Analysis
- Apart from his pension entitlement as Lt. Colonel (TS), Original Name is entitled to compensation for avoidable litigation.
- Original Name was unnecessarily dragged into litigation and deserves to be compensated.
- The compensation is justified as it was deemed appropriate by the court.
- The compensation is a recognition of the hardship faced by Original Name due to the litigation.
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Decision
- The Appeal has been allowed with costs of Rs.50,000/- to be paid to the Appellant within four weeks.
- The decision was made based on the reasons outlined in the judgment.
- The Appellant is entitled to the costs as per the court’s ruling.
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Case Title: IC 29547 L BOBBY JOSEPH Vs. UNION OF INDIA
Case Number: C.A. No.-008121 / 2019
