Revised pension benefits for 28 ex-servicemen Tribune News Service

Chandigarh, June 2
Disposing of 28 similar cases bunched together in a single petition, the Chandigarh bench of the Armed Forces Tribunal has granted revised pensionary benefits to ex-servicemen who had pointed out anomalies in the pension fixation following the implementation of the Fifth Pay Commission.
Holding that the controversy involved in their cases was squarely covered by the division bench of the Punjab and Haryana High Court that was later upheld by the Supreme Court, the bench comprising Justice NP Gupta and Lt Gen HS Panag directed the respondents to revise the pensionary benefits of the pensioners within three months.
The bench also ruled that the petitioners were entitled to get arrears from the date of retirement along with interest at the rate of 10 per cent per annum.
The petitioners had contended that after anomalies were detected in the Fifth Pay Commission recommendations, a committee was set up and revised pay scales were made applicable with effect from October 10, 1997, in respect of personnel below officer rank. However, those retiring after this date were granted higher consequential benefits than those who had retired earlier.
Counsel for the petitioners, RC Chatrath contended that the cut-off date was illegal, arbitrary and violative of Article 14 of the Constitution, as it was settled law that the pay or pension anomaly should be removed with effect from the date it arose and especially so if it has been upheld by earlier judgments.