Chandigarh, March 4
In a significant decision that will affect scores of retired Major Generals, the Armed Forces Tribunal today directed the Ministry of Defence to resolve anomalies in their pension fixation. The Generals were drawing emoluments lower than subordinate rank officers.
Taking up the matter filed by 57 affected Major Generals, the Tribunal’s Chandigarh Bench - comprising Justice Ghanshyam Prashad and Lt Gen NS Brar (retd) - directed the MoD to comply with its orders within three months.
Consequent to implementation of the Sixth Pay Commission (SPC) and several subsequent notifications, Major Generals who retired prior to 2006 were drawing lesser pension than brigadiers and colonels who retired during or after 2006. Besides, the pension differential between a pre-2006 and post-2006 Major General, at Rs 10,000-12,000 a month, also increased.
The petitioners contended that according to the notification issued in respect of pre-2006 retirees on November 11, 2008, Lieutenant Generals and Major Generals were awarded a pension of Rs 26,150. The same amount
was also given to a Brigadier, while a Colonel was drawing Rs 26,050 and a Lieutenant Colonel Rs 14,600.
Thereafter, a notification was issued on December 11, 2008, amending the above pension. A Major General was to draw Rs 23,700, a Brigadier Rs 26,150 and a Colonel Rs 26,050, thereby creating a situation where senior rank officers were getting lesser pension than juniors! The anomaly was later partly corrected by the January 20, 2009 notification, when the pension of a pre-2006 Major General and Lieutenant General was raised to Rs 26,700 and 27,700 respectively. Later on May 20, 2009, pension for a pre-2006 Lieutenant Colonel was revised to Rs 25,700 from Rs 14,600.
A notification issued on January 20, 2010, raised the pension of a pre-2006 Lieutenant General to Rs 36,500 but no increase was made in case of a pre-2006 Major General despite representations, the petitioners claimed.
