Women SSC Officers of Indian Air Force entitled to notional increments in pension between date of release and date on which they were deemed to have completed 20 years of service, clarifies Top Court
Chief Justice D.Y. Chandrachud, Justices J.B. Pardiwala & Manoj Misra [15-04-2024]

Read Order:Wg Cdr A U Tayyaba (retd) & Ors v. Union of India & Ors [SC- Miscellaneous Application No of 2024 (D No 8208 of 2024)]

Tulip Kanth

New Delhi, April 22, 2024:In a clarificatory order, the Supreme Court has held that the pensionary payments to be made to women Short Service Commissioned Officers (SSCOs) of the Indian Air Force have to be computed on the basis of the salary on the date of the deemed completion of 20 years.

These proceedings, before the Top Court, arose from a judgment dated November 16, 2022 whereby it was directed that the women SSCO would be considered for the grant of one-time pensionary benefits on the basis that they had completed the minimum qualifying service required for pension.

It was also held therein that the officers who would be 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.

It was in terms of these directions that the Union government issued Pension Payment Orders (PPOs) for the officers.

While the proceedings were going on, it was brought to the Court’s attention 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 had been granted to the applicants between the date of release and the date on which they were deemed to have completed twenty years service in terms of the judgment of the Top Court dated November 16, 2022.

It was the case of the applicants that the authorities had not correctly interpreted the operative directions. It was submitted that once the applicants had 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.

It was noticed by the 3-Judge Bench of Chief Justice D.Y. Chandrachud, Justice J.B. Pardiwala & Justice Manoj Misra that the first direction which was issued by the Top Court was that all the women Short Service Commissioned Officers (SSCOs) 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 20 years.

The Bench thus directed:

• 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 
• 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.

The Bench also made it clear that the one-time pensionary payment due in terms of the judgment dated November 16, 2022 shall be revised and arrears that remain due and payable shall be paid on or before June 15, 2024.

On the issue of the computation of the commuted value of the pensionary payment, the Bench held that the commuted value shall be computed as on the date of the deemed completion of twenty years. The commutation factor will be that which was applicable on the date of the deemed completion of twenty years. The arrears that remain to be paid have to be paid over on or before June15, 2024.

As regards the encashment of annual leave, the Bench said, “...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.”

The officers governed by this batch and other similarly placed officers have also been held entitled to ECHS benefits as retired officers.