PRO RATA PENSION TO ARMED FORCES PERSONNEL
RECENT JUDGEMENT ON PRO RATA PENSION
TO ARMED FORCES PERSONNEL
Pro rata is the term used to describe a proportionate allocation. It is a method of assigning an amount to a fraction according to its share of the whole.
While a pro rata calculation can be used to determine the appropriate portions of any given whole, it is most commonly used in business finance. Pro-rata pension means the proportionate pension for the Government service.
It is calculated as per the Government pension rules. The pro-rata pension is paid by the Government. As per Rule 37 of Central Civil Services Pension Rules 1972 and as amended from time to time this provision of pro rata pension was made applicable to Central Govt employees inducted into public sector undertaking or an autonomous body, all Government servants of that Department shall be transferred en-masse to that public sector undertaking or autonomous body as the case may be on terms of foreign service without an deputation allowance till such time as they get absorbed in the said undertaking or body as the case be and such transferred Government servants shall be absorbed in the public sector undertaking or autonomous body as the case may be.
This policy was also made applicable only to Commissioned Officers of Defence Services and not to Personnel Below Officer Rank (PBOR) of the Defence Services.
The same issue was raised before Hon’ble Delhi High Court in WP(C) 10026/2016 by Govind Kumar Srivastava. The background of that case was that he served in the Air Force as a Corporal for more than 10 years and was discharged from service to join Civil post.
He applied for grant of Pro Rata Pension which was denied. The petitioner made out his case on the basis of discrimination being violative of Article 14 of the Constitution as there is no rational to deny Pro Rata Pension Benefits to PBOR and same being given to Commissioned Officer of Defence Forces on absorption/appointment in Central Public Enterprises. He cited the judgment of WP(C) No. 3471/1996 titled Ex-Sgt SS Kalan v. UOI & Ors with similar facts have been granted benefits and also highlighted the Rule 37A of CCS Pension Rule.
The Hon’ble Court on the basis of differential treatment being accorded to PBORs /NCOs like the petitioner recognising the notification dated 30.09.2000 have held that The petitioner cannot discriminate once the department have granted benefits in similar facts to other personnel who approached court (reference given above) and also cannot confine the benefit to Commissioned Officers who have completed 10 years of service and absorbed in a PSU thereafter.
The Hon’ble Court held that the principle challenge by the petitioner to discriminative part of Circular dated 19 Feb 1987 the court has not hesitation in holding that in denial in term of said letter/circular of the benefits of Pro Rata Pension to PBOR/NCOs like the petitioner is violative of Article 14. The benefits of Pro Rata Pension to the petitioner was granted accordingly.
Judgment of Delhi High Court At New Delhi W.P.(C) 10026/2016
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VERY NICE
AWESOME
Since the circular dated 19 Feb has been declared discriminatery and violating Art 14 of consituation of India. Hence a new policy on pro rata pensio needs to be formulated by IAF.or MoD
served 11 yrs 10 Months and 18 days in IAF and fortunately entrymate of Mr Govind, the petitioner in above case,can I get pro rata pension?
Mr. Govind, WS Fit discharged from 4BRD, Kanpur…..??
Good decision by the Honorable Court… At the same time, the relevant judgement should have included such diections to the concerned Govt departments/Central Govt to issue appropriate amendments in the pension regulations so that reoccurrence of such litigations by the affected personnel could be avoided in future.
Upendra kulkarni, retired on superannuation on 30th June :2018., Can I get one additional increment? Please clarify.
Served 10 yrs 5 months in Indian Air Force as a Corporal and joined Private sector, Am i eligible to get pension.
I served for 8 years I motnhs and 8 days as corporal and joined Canara Bank through IBPS by taking due permissions and NOC from service. Am I eligible for the pro rata pension…??
I served for 8 years 8 months and 8 days as corporal in Airforce and joined Canara Bank through IBPS examination by taking due permissions and NOC from service. Am I eligible for the pro rata pension…??
Servers 22 years in Indian army. Retired on 30 June 2008. Can I get notional increment?
Yes Mr. Prasad you are eligible for pro-rata pension and Mr. Shivakrishna given you had not completed minimum 10 years of service so your case is different however the same can be pleaded before the HC vide Writ Petition
Sajal Manchanda
Advocate Delhi High Court
9811477809
My father jc 170786w sub /master tech retaired fm army after completation of 28 yrs not getting pension benefits till date
As I understand Hony Judges of Delhi High Court have passed the orders for the release of Pro rata pension for few Airmen who served in IAF for more than 10 Years but less than 15 Years.Is it correct?can other Airmen having similar case may apply for the pro rata pension ?
What about 8 years of job and 2 years as reserve laibility
Great information on pro rata pension.I Looking forward to get pro rata pension .
Shabbash Govind. Side hi pelne walo ki jarurat jai desh ko. We should must fight for the right.
What if a PBOR has served for 10 years and discharged without pension?
I being SSC officer had served in army for 10yrs3monts tenure and was released
Pl confirm am I eligible for pro Rata Pension from army
SC had kept my case judgment open to revision if I could show one case Of 10yrservice release non medical case for granting pro Rata pension to me
We could not produce a single case to the court Hence pension denied
Phone mob. 8349966966
Served in the IAF for 11 years 10 months and 5 days. Discharged to join CRPF as an Asstt Comdt after taking NOC from IAF. Hope to get the benefits of pro rata pension with this judgement of honourable court or I shall be required to approach honourable court individually. Thanks
Good judgement by court. There should not be discrimation among rank and file, which is common overall we all are Indian
I was discharged from DSC after completing ten years more service my DSC service may include with former service pension as pro-rate pension
Major SK Gupta. Releasedon29Oct 1971aftercompleting 7yrs as major
Dt of birth 8/11/1941