PENSION FOR EARLY RETIRED DEFENSE OFFICERS

THIS INFO IS FOR PRC OFFICERS WHO HAD COMPLETED 10 YRS, BUT NOT 20 YRS, OF SERVICE IN DEF FORCES OF INDIA.

It's, in fact, appeal/request/suggestion to the ex PRC officers who had completed more than ten; but less than twenty years of service prior to their release/discharge/retirement/resignation from def forces. They're entitled to receive pension commensurate with length of service and the rank. A proper and particular procedural and legal process is required. Kindly pass this info to any affected officers you know.

Lt Cdr G S Beniwal, under the aegis of Indian Ex Servicemen Movement (IESM) is trying to group the affected officers and conduct the process on their behalf.

There are numerous affected officers. Very few of them have approached him to take advantage of the opportunity. The main causes as learnt from him are as under.

1. Some don't have some of the essentially required doc like commissioning letter, retirement/release order, discharge cert, service record, relevant Pt II orders, etc.

2. Some have got negative info through word of mouth or rumors that causes pessimism discouraging them from taking appropriate action.

3. Some suffer from typical inclination to watch others do it first and then emulate them.

4. Some tend to believe that if others try and get it; I'll get it too, automatically.

Please consider following via-a-vis above mentioned corresponding causes.

1. Even a few of the essential docs those establish proof of one's service in a force could be enough at the beginning. Rest of the proof/docs could be arranged through RTI.

2. Overcome misperception because of ill info and consult/discuss with the Cdr or Major Vijay Bhosale and know about the scope of the action.

3. Revive own leadership quality of taking initiative for betterment of own, own family and others.

4. The fourth one above is a very serious cause. When a case in such a matter goes up to Supreme Court and if it gives verdict in favor of the affected appellant, it's with an order to be applicable only to the appellant or persons in a group of appellants. If a person, post that verdict, wishes to site it and take it's benefit he/she has to go through the same process right from the beginning. It's advisable to get rid of the misunderstanding.

It's understood that legal fees and associated expenses for the complete process comes to between six to eight lakh rupees. It's exorbitant for an individual to bear. However, it could be shared equally within a group of the affected officers. Larger the group, less the amount per head. By a broad reckoning and calculating miserly, even if an officer gets; say pension of Rs 30,000 per month he/she will recover the spent amount (as per present value of rupee) with about three months pension.

It's learnt that the process takes three to four years. Now, think of those 'wait and watch' types. They too will have to indulge in the process of the same duration. It is tantamount to postponing the gain by about four years; even if the process starts on very following day of the final verdict, in the first case.

I guess this much is enough for the prudent ones to make up their minds to ensure/enhance financial security/comfort of own as well as of spouses, in old age.

Some years ago several employees, of other govt departments, who had more than ten years of service had approached the courts for pension. (Of course, they were aided by unions/associations of respective employees' unions.) They succeeded and pension rules in almost all other departments had been changed and made favorable to the affected employees. If the justice to them is accepted by the govt, why injustice to defense forces people?

A news piece showing two rulings by courts in respect of employees of other govt departments is shared, for your perusal, underneath.

Below is English translation of a news cutting from the most prominent and widely circulated Gujarati daily named "SANDESH", published in Gujarat. Although, the date of publication is not known the date of writ petition, i. e. 18 December 1998 may suffice to find the reference and confirm rulings.

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"ONE CAN GET PENSION IF HE/SHE HAS COMPLETED TEN YEARS OF SERVICE.”

Ahmedabad, Tuesday. In cases of Om Prakash Mourya v/s Central Govt in the jurisdiction of Allahabad high court (Lucknow bench) AND Sarala D Watekar (or Vatekar) v/s Maharashtra State in Mumbai high court, writ petition of 18 December 1998, it has been ruled that 'even if a person resigns after completion of ten years of govt service he/she should be deemed to have "retired" AND he/she as well as his/her family have right to pension as per rules'.

So far as it relates to this matter, the central govt, other govts and institutions/organizations, wherein pension rules are applicable, must as per the rules submit claims (for pension) in similar (as quoted in above para) cases. This matter has also got acceptance from the Supreme Court.

Retired Customs Superintendent Shree R. P. Karandikar and Kumudini R. Karandikar have informed that similarly affected persons be made permanent members of union and case of each person be launched for financial welfare of the person and his/her family."

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A group of the affected officers has already been formed and is getting added to. If you or/and any one else is interested in the felicity kindly inform me at this blog as well as at <majorbhosale@yahoo.com> or 'Major Vijay Bhosale' on facebook.