New Legal Case : Pension of Higher Rank to Pre- 16 Dec 2004 Retired Officers from Armed Forces

Indian Military Veterans

New Legal Case : Pension of Higher Rank to Pre- 16 Dec 2004 Retired Officers from Armed Forces

Dear Sir,

1.      Since 23 Sep 2024 when the Hon’ble Supreme Court dismissed the appeal of Min of Def (ESW) against the judgment of AFT, Chennai which granted the benefit of pension of Capt (TS /Navy) to Cdr Ilangovan, I am flooded with requests from many veterans whether they will benefit to get pension of higher rank as they too retired prior to 16 Dec 2004.

 

2.      I tried to dig into this issue by trying to get a copy of the Ajay Vikram Singh Committee (Mr Ajay Vikram Singh, IAS was Special Secretary in the Min of Def). But I could as it is still being regarded as a confidential document. But by going through a few judgments of AFTs, I got some idea about this committee report.

 

3.      The Ajay Vikram Singh (AVS) Committee recommended that the time scale ranks be enhanced from Major to Col (TS) to improve the terms and conditions of commissioned officers and also it will reduce the age for Commanding Officers. This is what I could gather from one of the AFT judgments of AVS Committee report: -

 

The Min of Def clarified that AVSC report was for a general purpose for making changes in terms and conditions of service of officers in the Indian Army in order to decrease the age of Commanders and make the Army more attractive so that more youth could join the Army. It was an effort to find ways to address the officers' shortage in the Indian Army; recommend structural changes to enable quicker and higher promotion at comparatively younger age and was based on a study report subsequent to performance of Commanders at various levels in Kargil War.

 

4.      The result was the commissioned officers were promoted to the following non – select rank on completion of the following commissioned service.

(a)    Capt :        On completion of two Years commissioned service or from date of seniority.

(b)    Major:      Four years from becoming Capt or six years  of commissioned service or seniority.

©     Lt Col : Seven years from the time of becoming Major or 13 year from date of commission or seniority.

(d)    Col (TS): 26 years commissioned service.

 

5.      Cdr Ilangovan’s Case. The Govt of India accepted the recommendation of AVS committee with effect from 16 Dec 2004. Many officers thus got higher ranks on fulfilling the conditions for promotion at much younger service. On retirement post 16 Dec 2004, they got higher pension. But those retired prior to 16 Dec 2004 were not given the benefit of pension for higher ranks. Cdr Ilangovan took premature retirement with 29 years of commissioned service on 01 Apr  2004 filed a case and argued his case being an Advocate himself in AFT, Chennai in OA No : 268/2018 to grant him the pension of Capt (IN). He won the case. Aggrieved by the judgment of AFT, Regional Bench, Chennai dated 21 Sep 2021, the Min of Def (ESW) filed a case in Hon’ble Supreme Court. T SEWA too filed six such cases for grant of higher pension to Capts to Lt Cols in the period of 2016 to 2018. The Hon’ble Supreme Court was pleased to grant the stay order of AFT, Chennai. Hence T SEWA’s six cases could not be heard due to stay order. Thankfully, the Hon’ble Supreme Cour heard the case of Min of Def (ESW) and dismissed the appeal. This makes the judgment of AFT, Chennai operational. i.e. the benefit of AVS committee to grant pension of higher ranks be available to Pre – 16 Dec 2004 retired commissioned  Officers who have the commissioned service to get promoted notionally  to higher non select ranks upto Col (TS) and get higher pension. The six cases of T SEWA also will be heard as we filed them in 2016.

6.      Queries. Since I do not have a copy of the AVS Committee. My military logic tells me, all those Pre – 16 Dec 2004 retired officers too will get benefit of pension of higher ranks provided they have the requisite commissioned service, to get pension of higher rank w.e.f 16 Dec 2004 as under:-

(a)    Those who retired as Capt with six years of commissioned service out of 20 years of  qualifying (or Pensionable) service to get pension of Major. Generally these are SL Officers, SCOs who have Pre – Commission Service.

(b)    Those who retired in the rank of Major with 13 years of commissioned service with a total of 20 years of Qualifying Service to get pension of Lt Col.
(c)    Those who retired in the rank of Substantive Lt Col to get pension of Colonel (TS) on completion of 26 years of commissioned service.

(d)    Can Pre – 16 Dec 2004 Lt Cols also Get Pension of Col (TS) when they retired prior to 16 Dec 2004? This tells me Pre – 16 Dec 2004 Major granted the rank of Lt Col (TS) not being Lt Col SG are NOT eligible to get higher pension of Col TS even if they put in 26 years commissioned service and retired prior to 16 Dec 2004. . My logic is that they already got a benefit of higher time scale rank of Lt Col. AVS Committee did not envisage more than one time scale rank. If there is any Lt Col (TS) still in service on  15 Dec 2004 and moved into post 16 Dec 2004 has got second  promotion on completion of 26 years of commissioned service Post 16 Dec 2004 to the rank of Col (TS) may kindly educate me.

 

7.      Legal Case. Many Pre – 16 Dec 2004 retired officers who did not join six legal cases of T SEWA filed in the period 2016 to 2018 are now approaching T SEWA to file a second legal case to get them pension of higher rank as they too have got commissioned service to get higher rank notionally before they retired prior to 16 Dec 2004. T SEWA may consider such requests provided there are a minimum 50 petitioners to make the legal fees affordable. Such Officers are to send a legible copy of PPO showing their total Qualifying service (QS) and also mention how much is their commissioned service out of the QS to consider their eligibility to me in email at brigvidya.legal@gmail.com. You can also speak with me on mobile 75695 13350. I will make a database of such willing Pre – 16 Dec 2004 Officers of the ranks of Capts to Lt Cols who have the  commissioned service before they retired.

 

8.      Database. I have made a database for the petitioners. Kindly send a copy of the latest PPO and give the details as shown below to make the database.

 

Pension of Higher Ranks to Pre - 16 Dec 2004 Retired Armed Forces Officers
Ser No	Service No	Rank	Name in Full	Mob No	Email Address	Postal Address with Pin	QS	CS

 

Note

 

QS    = Qualifying Service or Pensionable Service which is Commissioned Service (CS) + Pre-Commission Service.

CS    =       Commissioned Service.

 

9.      Refund of Legal Fees. It is our experience that very few petitioners having paid the legal fees want to withdraw from the legal fees. T SEWA refunds legal fees after deducting 10% of legal fees as we incur expenditure in making the legal case. In case the legal documents are sent to our advocate in AFT, PB, New Delhi  and paid him the legal fees, then no refund is given.

 

10.    Sequence of Activities.

(a)    On expressing the willingness to join the legal case sent to me, a membership form is sent in email. The petitioner is required to download the membership form in colour printer and fill up all fields in CAPITAL letters including Email Address. Send the filled up membership form after affixing the joint coloured photo with spouse and paying membership fee of Rs 100 (for life time) by scanning the QR code in the bottom of the membership form directly to Hq TSEWA in email at triservices.hyd@gmail.com or tsewa.hyd@gmail.com. Do NOT send any document to me. Acknowledgment of receipt of membership form is given to the petitioner.

 

(b)    On receipt of membership form, Hq T SEWA will send two sets of legal documents by email. Download the legal documents in normal A-4 size white paper ( no need for judicial on  non – judicial stamp paper). Fill up the blank legal document with the help of a sample legal document. Affidavit is to be notarised by local notary. The Vakalatnama, Affidavit and Undertaking are to be sent in hard copy to HQ T SEWA by speed post on the postal address given in the membership form. Acknowledgment of receipt of legal documents will be given to the petitioner.

©     Thorough scrutiny of legal documents will be done in the office of HQ T SEWA. Documents complete in all respects will be sent to the Advocate by speed post.

(d)    One Lead Petitioner for Army, Navy and IAF for each batch of petitioners with Delhi NCR postal address will be selected by T SEWA. He is required to meet our Advocate in AFT, PB, New Delhi and sign the documents. He is to attend the AFT, PB only once. Expenditure incurred to go from his home to the office of Advocate and AFT, PB, New Delhi shall be reimbursed to the lead petitioner.

(e)    Legal cases for each of the three services will be filed in AFT, PB, New Delhi. OA No for Army / Navy / IAF petitioners is given to our advocate. A WhatsApp group OA No wise will be created and petitioners  OA no wise  will be added as members of the WhatsApp Group. The petitioners will be members OA No wise in the  WhatsApp Group.

(f)     Progress of legal case will be put up in the WhatsApp group. Petitioners are required to see the WhatsApp group from time to time. Queries from the petitioners if any can be put up in the WhatsApp group.

(g)    Once the judgment is delivered, a copy of the judgment is put up in the WhatsApp group.

 

11.     Responsibility. Once the judgment is put up the responsibility of T SEWA comes to an end. Thereafter, the petitioner is to download the judgment and apply to Min of Def, IHQ (Army, Navy or IAF) and get the Govt sanction for release of arrears from 16 Dec 2004.

 

 

Warm Regards,

Brig CS Vidyasagar (Retd)

75695 13350

Email Address: brigvidya.legal@gmail.com