Supreme Court Grants Pension Revision for Retired Major: Upholds Rightful Entitlement

The Supreme Court of India recently ruled in favor of retired Major Bobby Joseph, directing the Union of India to grant him pension as per the rank of Lieutenant Colonel (TS). The case highlights the prolonged struggle of a military officer who was denied his rightful pension on the ground that he fell short of the required service period by 30 days.

The appellant, Bobby Joseph, was granted a Short Service Commission on 15.06.1969 and later received a Permanent Commission on 15.06.1974. He voluntarily retired on 15.07.1991 with the rank of Major and was granted a pension accordingly. However, an order dated 25.09.1991 promoted him to the substantive rank of Lt. Colonel (TS). Despite this, his pension was not revised to reflect the higher rank.

Arguments by the Appellant

The appellant argued that he was entitled to pension benefits corresponding to the rank of Lt. Colonel (TS) as per the 5th Central Pay Commission. He cited an order dated 15.10.1991, which confirmed his promotion. The Armed Forces Tribunal had earlier directed a reconsideration of his request, but the authorities maintained that he had not completed the requisite 21 years of service.

Arguments by the Respondents

The Union of India contended that as per Army Order dated 20.03.1990, an officer must complete 21 years of reckonable service to qualify for the pension of a Lt. Colonel (TS). They stated that the appellant fell short of this period by 30 days and hence was not eligible. They further argued that the date of the Permanent Commission should be considered for calculating seniority, making his service period only 20 years and 11 months.

Supreme Court’s Verdict

A bench comprising Justices L. Nageswara Rao and Hemant Gupta ruled in favor of the appellant. The Court noted that:

• The appellant’s name appeared in an official order dated 15.10.1991, which granted him the substantive rank of Lt. Colonel (TS).
• The government had never withdrawn this order, meaning his promotion was legally valid.
• The denial of pension benefits based on an arbitrary calculation of service duration was unjustified.

The Court further observed that the appellant had been made to run from pillar to post for his rightful pension since 1991. In light of this, the Court not only directed that he be granted pension corresponding to the rank of Lt. Colonel (TS) but also awarded him Rs. 50,000 as compensation for unnecessary litigation.

This judgment reaffirms the importance of procedural fairness in pension matters and ensures that military officers receive their due entitlements without unnecessary bureaucratic hurdles.

Petitioner Name: Bobby Joseph.
Respondent Name: Union of India & Ors..
Judgment By: Justice L. Nageswara Rao, Justice Hemant Gupta.
Place Of Incident: Kochi (Armed Forces Tribunal, Regional Bench).
Judgment Date: 04-10-2019.

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