Pension enhancement - 79 or 80 yrs.
Brig Narinder Dhand
Dear General,
The Gauhati judgement was only for the Judges, AFT order is only applicable to litigants .
The Govt is maintaining its stand on completion of 80 yrs of age as such they have already passed a bill in Rajya Sabha as per the following news.
Kindly read.
I donot think we should have any more doubts on this issue since Govt is bringing in an amendment to the act for the judges to bring in line that enhanced pension will start on completion of the years mentioned and not on the day when the pensioner steps into the specified age .
Warm regards
AZADI KA AMRIT MAHOTSAV
JAI HIND - VANDE MATRAM
ब्रिगेडियर_नरेन्द्र_ढंड
Brig Narinder Dhand (Veteran)
Founder and Convener
Veterans Portals-Armed Forces
Web Site - https://signals-parivaar.blogspot.com
Be informed and empowered.
From: madan bhandari
Sent: 03 August 2022 23:47
To: nkd...@gmail.com
Subject: 👍👍My Dear Narinder , Good Evening. Above msg recd from LT GEN VINAY SHANKAR. REQUEST PLEASE CHECK VERACITY & & if true please iintimade procedure bro claim these arrears. Thanks warm regards. Gen M P S BHANDARI
👍👍
On 15-3-2018 Guwahati HC had passed an order on an application by a retired HC judge that the additional age related pension (the bank 20%) should commence from the first day of 80th year of life (and not on completion of 80 years of life). This was upheld by the SC also.
PCDA has been denying this to service pensioners stating that the order is applicable to judges only.
Now AFT has passed order on 14-7-2022 that the HC order extends to service pensioners also.
ie, addl 20 % along with DA should commence from next day after 79th birth day. 😊
Applicable wef 15-3-2018. All those affected pers can now claim the arrears with DA.
Similarly for the next age related increments at 85 years, 90 years etc.
Good decision by the AFT.
Procedure , to now claim the 20 percent pl
********************************
READ THE NEWS ITEM REPRODUCED HERE
The Lok Sabha had passed the High Court and Supreme Court Judges (Salaries and Conditions of Service) Amendment Bill, 2021 on December 8.
The Rajya Sabha on Monday approved a bill that seeks to bring clarity on the age of retired judges to determine when they will get enhanced pension.
The Lok Sabha had passed the High Court and Supreme Court Judges (Salaries and Conditions of Service) Amendment Bill, 2021 on December 8.
The Rajya Sabha approved the bill on Monday after a discussion.
The bill seeks to bring an explanatory clarification about the age of eligibility for enhanced pension for retired judges.
Replying on the bill, Union Minister for Law and Justice Kiren Rijiju assured the House that there is no politics and everyone stands together when it comes to ensuring justice.
“There should be no gap between the common man and the justice system. I am thankful to all of you for supporting the bill without bringing any politics into it,” he said.
According to the bill, in 2009, two laws were amended to provide that every retired judge or after his or her death, the family, as the case may be, will be entitled to an additional quantum of pension or family pension.
Accordingly, the additional quantum of pension for retired judges of the high courts and the Supreme Court is being sanctioned on the completion of the age of 80 years, 85 years, 90 years, 95 years and 100 years, as the case may be.
However, in a writ petition filed by a retired high court judge, the Gauhati High Court had held that the benefit of the additional quantum of pension in accordance with the High Court Judges Act would be available to a retired judge from the first day of his 80th year.
Subsequently, the High Court of Madhya Pradesh also directed respondent Union of India to construe the word “from” as it appears on the slab as the first day of entering the minimum age of the slab — 80, 85, 90, 95 and 100 years — along with other consequential benefits to the petitioners, the Statement of Objects and Reasons of the bill read.
The legislative intent behind the insertion of sections 17B and 16B respectively in the two Acts was to provide the benefit of additional quantum of pension to a retired judge from the first day of the month in which he completes the age specified in the first column of the scale and not from the first day of his entering the age specified therein as interpreted by the high courts, it said.
Re