Supreme Court Grants Pension Benefits to Women Short Service Commissioned Officers

The Supreme Court of India recently delivered a landmark judgment in Wg Cdr A U Tayyaba (Retd) & Ors. v. Union of India & Ors., reinforcing the pensionary rights of women Short Service Commissioned Officers (SSCOs). The case revolved around the eligibility of SSCOs for pensionary benefits and the correct calculation of their pension amounts. The Court directed the government to ensure full pensionary benefits for women officers by recognizing their deemed completion of 20 years of service.

Background of the Case

The dispute originated from the Supreme Court’s judgment dated November 16, 2022, where the Court ruled that women SSCOs must be granted one-time pensionary benefits as if they had completed the minimum qualifying service of 20 years. However, the appellants later approached the Court with grievances regarding the incorrect calculation of their pensions.

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The appellants argued that while the government had issued Pension Payment Orders (PPOs), the calculation was based on the last drawn salary at the time of their premature release from service (at 14 years) instead of considering their notional increments up to the deemed completion of 20 years.

Additionally, the officers sought clarification on issues such as the computation of commuted pension value, encashment of annual leave, and eligibility for the Ex-Servicemen Contributory Health Scheme (ECHS).

Arguments by the Petitioners (Women SSCOs)

• The petitioners argued that since they were deemed to have completed 20 years of service for pension purposes, their last drawn salary should be adjusted accordingly, with increments added for the missing years.
• They contended that the current calculation unfairly reduced their pension entitlement by freezing their last drawn salary at 14 years of service.
• They further sought benefits such as commuted pension adjustments, leave encashment, and inclusion in the ECHS scheme, which are provided to other pensioned officers.

Arguments by the Respondents (Union of India)

• The Union of India maintained that the officers were released at 14 years, and as per existing rules, pension calculation was based on the last drawn salary.
• They argued that the government had complied with the Supreme Court’s ruling by granting pension benefits but could not introduce additional increments post-release.
• The government assured the Court that the existing PPOs would not prevent the officers from receiving future pension revisions.

Key Observations of the Supreme Court

• The Court ruled that pension calculations must reflect the officers’ deemed completion of 20 years of service, including notional increments.
• It emphasized that the first direction in its previous judgment explicitly granted pensionary benefits on the basis that the officers had completed 20 years, which necessitated salary adjustments.
• The Court stated: “The pensionary payments would have to be computed on the basis of the salary on the date of the deemed completion of twenty years.”
• Additionally, the Court directed that all pending arrears due to incorrect calculations be cleared by June 15, 2024.

Final Judgment

The Supreme Court ruled in favor of the women SSCOs and issued the following directives:

• Pension must be calculated based on the officers’ deemed completion of 20 years, including all notional increments.
• Any arrears arising from incorrect calculations must be paid by June 15, 2024.
• The commuted value of the pension should be calculated as per the revised pension amount.
• Officers eligible for leave encashment must receive payments for the difference up to the permissible 300 days.
• The officers shall be entitled to ECHS benefits as retired personnel.

The Court also clarified that the existing PPOs would not prevent the officers from receiving future pension revisions as per government policies.

Implications of the Judgment

• This ruling ensures that women SSCOs receive pension benefits on par with their male counterparts.
• It strengthens the legal position that pension calculations must include notional increments when service completion is deemed.
• The judgment provides relief to officers who had been denied the correct pension benefits for years.
• It sets a precedent for future cases involving pension disputes and deemed service completion.

Conclusion

The Supreme Court’s decision in this case marks a significant victory for women SSCOs in the armed forces. By directing the government to recalculate pensions with full salary increments, the Court has ensured fairness in the application of pension rules. This ruling upholds the principles of equality and justice, ensuring that those who served the nation receive their rightful benefits.

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Petitioner Name: Wg Cdr A U Tayyaba (Retd) & Ors..
Respondent Name: Union of India & Ors..
Judgment By: Justice Dhananjaya Y Chandrachud, Justice J B Pardiwala, Justice Manoj Misra.
Place Of Incident: India.
Judgment Date: 15-04-2024.

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