WG CDR A U TAYYABA (RETD) & ORS. versus UNION OF INDIA & ORS.

WG CDR A U TAYYABA (RETD) & ORS. versus UNION OF INDIA & ORS.

Pensions for the women Short Service Commissioned Officers governed by the batch must be computed on the basis of salary as on the deemed date of completion of twenty years, including notional increments between date of release and that deemed date; commuted value shall be computed as on that deemed date using the applicable commutation factor; arrears of pension and related payments (including encashable leave up to 300 days and corrections to PPOs) are payable as specified, and arrears due shall be paid by the date directed by the Court.

Parties
Appellants: Wg Cdr A U Tayyaba (retd) & Ors.; Respondents: Union of India & Ors.
Jurisdiction
India
Judgment Date
15 April 2024
Procedural Posture
Miscellaneous Application Arising From Civil Appeal Nos. 79 82 of 2012 / Clarification and Implementation of Judgment Dated 16.11.2022 (miscellaneous Application Diary No. 8208 of 2024)
Outcome
Miscellaneous Application disposed of.
Legal Topics
Pensionary Benefits, Women Short Service Commissioned Officers, One Time Pensionary Benefits, Minimum Qualifying Service, Arrears of Pension, Notional Increments, Commuted Value of Pension, Encashment of Annual Leave, ECHS Benefits, Implementation/clarification of Judgment
Pension Law Military/armed Forces Law Administrative Law Pensionary Benefits Women Short Service Commissioned Officers One Time Pensionary Benefits Minimum Qualifying Service Arrears of Pension +5 more

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Parties

Wg Cdr A U Tayyaba (retd) & Ors.

Appellants

Union of India & Ors.

Respondents

Procedural Posture

Miscellaneous Application Arising From Civil Appeal Nos. 79 82 of 2012 / Clarification and Implementation of Judgment Dated 16.11.2022 (miscellaneous Application Diary No. 8208 of 2024)

Legal Issues

  1. 1 Whether pension must be computed by reference to salary as on the deemed date of completion of twenty years and whether notional increments between date of release and the deemed date must be allowed
  2. 2 Whether beneficiaries are entitled to arrears of salary or only arrears of pension from the deemed completion date
  3. 3 How the commuted value of pension is to be computed

Ratio Decidendi

Pensions for the women Short Service Commissioned Officers governed by the batch must be computed on the basis of salary as on the deemed date of completion of twenty years, including notional increments between date of release and that deemed date; commuted value shall be computed as on that deemed date using the applicable commutation factor; arrears of pension and related payments (including encashable leave up to 300 days and corrections to PPOs) are payable as specified, and arrears due shall be paid by the date directed by the Court.

Court Disposition

Miscellaneous Application disposed of.

Orders

  • Pensionary payments shall be computed on the basis of the salary on the date of the deemed completion of twenty years.
  • Women SSCOs are entitled to notional increments between the date of release and the date of deemed completion of twenty years for the purpose of pension computation.