Supreme Court of India
WG CDR A U TAYYABA (RETD) & ORS.versusUNION OF INDIA & ORS.
- Citation
- 2024 INSC 311
- Decided
- 15 April 2024
- Disposal
- Disposed off
Holding
Pensionary payments to women Short Service Commissioned Officers shall be computed on the basis of the salary as of the deemed completion of twenty years of service, with notional increments for the intervening period, and arrears of pension payable from that date.
Summary
The petitioners are women Short Service Commissioned Officers who were released from the Armed Forces after fourteen years of service. They sought one‑time pensionary benefits on the basis that, under a Supreme Court order of November 2022, they should be deemed to have completed the twenty‑year qualifying period for pension. The Government computed the pension on the last drawn salary at the date of release and denied any increments between release and the deemed completion date. The Court held that the pension must be calculated on the salary as of the deemed completion of twenty years, with notional increments for the intervening period, and that arrears of pension are payable from that date. It also clarified the method for computing the commuted value, the entitlement to encashment of up to 300 days of annual leave, and the right to ECHS benefits, directing that the revised payment be made by 15 June 2024. Consequently, the miscellaneous application was disposed of.
Issues considered
- Whether the pension for women Short Service Commissioned Officers should be computed on the basis of the last drawn salary at the date of release or on the salary as of the deemed completion of twenty years of service.
- Whether the officers are entitled to notional increments for the period between release and the deemed completion of twenty years.
- How the commuted value of the one‑time pensionary payment is to be calculated.
- Whether the officers are entitled to encashment of accumulated annual leave up to 300 days.
- Whether the officers are entitled to ECHS benefits as retired officers.
Subjects
Pensionary benefitsWomen Short Service Commissioned OfficersOne time pensionary benefitsMinimum qualifying service required for pensionArrears of salaryArrears of pensionLast drawn salaryDate of the releaseIncrementsNotional incrementsComputation of the commuted value of the pensionary paymentEncashment of annual leaveGrant of ECHS benefits
Judgment
[2024] 4 S.C.R. 518 : 2024 INSC 311
Wg Cdr A U Tayyaba (retd) & Ors.
v.
Union of India & Ors.
(Miscellaneous Application Diary No. 8208 of 2024)
15 April 2024
[Dr. Dhananjaya Y Chandrachud, CJI, J B Pardiwala and
Manoj Misra, JJ.]
Issue for Consideration
Matter pertains to clarification of the order passed by this Court as
regards grant of pensionary benefits to the women Short Service
Commissioned Officers in Armed Forces.
Headnotes
Armed Forces – Women Short Service Commissioned
Officers – Pensionary benefits – Order by this Court granting
one time pensionary benefits to the women Short Service
Commissioned Officers on basis that they have completed
the minimum qualifying service of twenty years, required
for pension – Eligible officers in terms thereof, not entitled
to any arrears of salary, but the arrears of pension payable
with effect from the date on which the officers are deemed to
have completed twenty years of service – Pursuant thereto,
women officers were released from service at the end of the
fourteenth year and for computing the pension, salary was
taken as the last drawn salary as of the date of the release,
and no increments were granted to the applicants between the
date of release and the date on which they are deemed to have
completed twenty years service in terms of the aforesaid order
– Applicants case that directions not correctly interpreted,
once the applicants have been treated to have completed
the minimum qualifying service required for pension, the last
drawn salary must be taken as on that date and increments
have to be computed for pension:
Held: Order by this Court granting one time pensionary benefits
to the women Short Service Commissioned Officers clarified –
Pensionary payments would have to be computed on the basis
of the salary on the date of the deemed completion of twenty
years – Women SSCOs entitled to notional increments between
[2024] 4 S.C.R. 519
Wg Cdr A U Tayyaba (retd) & Ors. v. Union of India & Ors.
the date of release and the date on which they have completed
the minimum qualifying period for pension, namely, the deemed
completion of twenty years – On basis thereof, the one time
pensionary payment due in terms of the previous order revised and
arrears due and payable to be paid within the stipulated period –
Issues as regards the computation of the commuted value of the
pensionary payment, encashment of annual leave, and grant of
ECHS benefits also clarified. [Paras 11]
List of Keywords
Pensionary benefits; Women Short Service Commissioned
Officers; One time pensionary benefits; Minimum qualifying
service required for pension; Arrears of salary; Arrears of
pension; Last drawn salary; Date of the release; Increments;
Notional increments; Computation of the commuted value of
the pensionary payment; Encashment of annual leave; Grant
of ECHS benefits.
Case Arising From
CIVIL APPELLATE JURISDICTION: Miscellaneous Application Diary
No. 8208 of 2024
In
Civil Appeal Nos. 79-82 of 2022
From the Judgment and Order dated 16.11.2022 of the Supreme
Court of India in C.A. No. 79, 80, 81 and 82 of 2012
Appearances for Parties
Ms. Pooja Dhar, Ms. S. Ambica, Ms. Anshula Vijay Kumar Grover,
Advs. for the Appellants.
R Bala, Sr. Adv., Santosh Kr, Akshay Amritanshu, Mohd. Akhil, Sachin
Sharma, Alankar Gupta, Dr. Arun Kumar Yadav, Dr. N. Visakamurthy,
Arvind Kumar Sharma, Advs. for the Respondents.
Judgment / Order of the Supreme Court
Order
1 We have heard Ms Pooja Dhar, counsel appearing on behalf of the
appellants and Mr R Balasubramanian, senior counsel appearing
on behalf of the respondents.
520 [2024] 4 S.C.R.
Digital Supreme Court Reports
2 Delay in filing the Miscellaneous Application is condoned.
3 These proceedings arise from a judgment dated 16 November 2022
in Wg Cdr A U Tayyaba (retd) & Ors v Union of India & Ors1. The
specific directions which form the subject matter of these proceedings
are set out below:
"i. All the women SSCOs governed by the present batch
of cases shall be considered for the grant of one-
time pensionary benefits on the basis that they have
completed the minimum qualifying service required
for pension;
ii. The cases of the appellants shall be evaluated on the
basis of the HRP dated 19 November 2010 bearing
Part No 5; and
iii. The officers who are found eligible for the grant of
pensionary benefits in terms of the present direction
shall not be entitled to any arrears of salary, but the
arrears of pension shall be payable with effect from
the date on which the officers are deemed to have
completed twenty years of service;”
4 In terms of the above directions, the Union government has issued
Pension Payment Orders2 for the officers.
5 During the course of the hearing, it has emerged before the Court
that the women officers were released from service at the end of
the fourteenth year and the salary for the purpose of computing the
pension was taken as the last drawn salary as of the date of the
release. No increments have been granted to the applicants between
the date of release and the date on which they are deemed to have
completed twenty years service in terms of the judgment of this Court
dated 16 November 2022.
6 According to the applicants, the authorities have not correctly
interpreted the operative directions; once the applicants have been
treated to have completed the minimum qualifying service required
for pension, the last drawn salary must be taken as on that date and
increments have to be computed for pension.
1 Civil Appeal Nos 79-82 of 2012
2 PPOs
[2024] 4 S.C.R. 521
Wg Cdr A U Tayyaba (retd) & Ors. v. Union of India & Ors.
7 The first direction which was issued by this Court was that all the
women Short Service Commissioned Officers3 governed by the batch
of cases would be considered for the grant of one time pensionary
benefits “on the basis that they have completed the minimum qualifying
service required for pension”. The minimum qualifying service for
pension is twenty years.
8 Hence:
(i) The pensionary payments would have to be computed on the
basis of the salary on the date of the deemed completion of
twenty years; and
(ii) The women SSCOs would be entitled to notional increments
between the date of release and the date on which they have
completed the minimum qualifying period for pension, namely,
the deemed completion of twenty years.
9 The above directions clearly flow out of the first direction contained
in paragraph 34 of the judgment dated 16 February 2022. This was
subject to the further stipulation in direction (iii) that they will not be
entitled to any arrears of salary, but the arrears of pension would
be payable with effect from the date on which they are deemed to
have completed twenty years of service.
10 Based on the clarification, the one time pensionary payment due in
terms of the judgment dated 16 November 2022 shall be revised
and arrears that remain due and payable shall be paid on or before
15 June 2024.
11 Apart from the above direction, further clarifications of this Court are
necessary on the following issues:
(i) The computation of the commuted value of the pensionary
payment;
(ii) Encashment of annual leave; and
(iii) Grant of ECHS benefits.
12 As regards (i) above, the commuted value shall be computed as on
the date of the deemed completion of twenty years. The commutation
3 SSCOs
522 [2024] 4 S.C.R.
Digital Supreme Court Reports
factor shall, therefore, be that which was applicable on the date of
the deemed completion of twenty years. The arrears that remain to
be paid shall be paid over on or before 15 June 2024.
13 As regards the encashment of annual leave, in the event that any
of the officers is found to have accumulated the maximum of 300
days in respect of which encashment is allowable, the difference
between the encashable quantum of 300 days and the amount which
has already been released shall be computed and paid over on or
before 15 June 2024.
14 The officers governed by this batch and other similarly placed officers
would be entitled to ECHS benefits as retired officers.
15 Apart from the above directions, Mr R Balasubramanian clarifies that
while the PPO indicated that it will be for “life”, this would not in any
way debar the appellants from the benefit of any revised fixation of
pension as and when it becomes due and payable. The PPOs, it
has been submitted, shall also be corrected, since they erroneously
referred to the applicants as having been ‘released’. This shall be
corrected in terms of the judgment dated 16 November 2022 before
15 June 2024.
16 The above directions resolve the grievances of the appellants-
applicants. Accordingly, the Miscellaneous Application shall stand
disposed of.
17 Pending application, if any, stands disposed of.
Headnotes prepared by: Nidhi Jain Result of the case:
Application disposed of.
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