Majors / Lt Cdrs / Sqn Ldrs have always suffered from 5th CPC (Jan 1996) onwards. Their initial pay was enhanced to Rs 11,925 (from 11600) but only from 29 Feb 2000. All those who were promoted as Majors did not get their arrears due to enhanced minimum pay of Rs 11,925. The SAI 1/S/1997 which was required to be amended was never amended. This resulted in the Majors getting pay fixed at initial pay of Rs 11,600 in subsequent CPCs. Had their initial pay been amended in SAI their pay in 6th CPC, OROP and 7th CPC would have been much higher. T SEWA having come to know this anomaly is filing a legal case titled AFT – 28 in AFT Delhi by middle of Dec 2017. Documents are ready and are being verified for any mistakes and will soon be sent to Delhi for final checks and then it will be filed in AFT Delhi.
The Pre – 2006 Majors generally get promoted to the rank at 13 years of service. They draw minimum 7 increments before they seek premature retirement if not promoted at service of 20 years. But their increments were not given any weightage as on Jan 2006 and were fixed pension at Minimum of pay of Major (with no increment) retired in Jan 2006 at Rs 36,410 and pension is fixed at 0.50 x 36410 = Rs 18205 pm + DR.
If their 7 or more increments are counted then their notional pay as on Jan 2006 would have come much higher. I am giving the loss suffered by a Lt Cdr (Major / Sqn Ldr) who put in 20 years of service who drew pay of Rs 15,500 at the time of his PMR in Jul 1999. But he was fixed pension as if he retired with no increment in Jan 2006 at Rs 18,205 as explained in para 2 above. Had his 7 increments and last pay drawn of Rs 15,500 was given weightage his notional pay in Jan 2006 as per SAI 2/S/2008 would have been Rs 43,670 corresponding to his last pay drawn of Rs 15,500. His pension from Jan 2006 to Jun 2014 would have been Rs 0.50 x 43670 = Rs 21835 pm + DR in place of Rs 18205. The loss he suffered is Rs 3630 + DR per month.
Thanks to judgment of AFT Delhi in 14 Maj Gens’s case in Feb 2017, this Lt Cdr would be treated as if he retired with 7 increments and his notional pay in Jan 2006 is to be fixed at Rs 43,670 and he would get arrears of Rs 5,20,542 by joining the legal case AFT – 1B of TSEWA to be filed by middle of Dec 2017 in AFT Delhi.
All Majors / Lt Cdrs / Sqn Ldrs who have not joined AFT – 1B may go through the simple calculations in MS Excel and see for yourself how much arrears you would get by paying legal fees of Rs 5,000 only to TSEWA. We are limiting our batch size to 100 petitioners. Any delay on your part will only delay your getting your hard earned arrears.