Q & A (9)

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Record Offices have been rejecting claims for grant of enhanced pension to Honorary Naib Subedars on the pretext that the pension of proper Nb Sub for Hony ranks as announced by the 6th CPC has only been granted to those Hony Nb Subs who have retired post-2006. Is this correct ? (Ex-Hony Nb Sub Ravindran)

Hony Nb Subs have been granted notional pension of Nb Subs. There is nothing in the govt sanction letter which states that only post-2006 retirees are covered. The letter simply says that the new orders shall take effect from 01-01-2006 meaning thereby that the pension in accordance with the new scale would be released only w.e.f 01-01-2006. The negative interpretation as pointed out by you is a figment of imagination of our internal (eternal ?) babus.

Is it true that SEs in Border Roads Organisation are now equivalent to full Colonels of the Army in status as per a notification issued by the MoD ? (ABC)

The Hon’ble Delhi High Court has already ruled vide a Division Bench decision dated 22-01-2010 that the said notification is restricted only to disciplinary powers to be exercised under the Army Act and that the said notification has no one-to-one bearing on status. The controversy thus stands settled. If we go by such notifications of the purposes of status, then the DGBR should be equated with GOC-in-C in status since a similar notification equates the two for disciplinary purposes.

RTO/RTA staff in some States has been harassing defence personnel for having ‘outside registration’, what is the solution ? (Col S R Patil)

There are States who have been troubling defence personnel and other central govt employees for ‘outside registration’ and non-payment of road tax in that particular state. Most of such complaints are from Maharashtra, West Bengal and some southern States. Many states however have exempted central govt employees from the operation of such rules, it may hence be worthwhile visiting the local transport office and asking them pointedly if there is any exemption in operation in the State in question. If you are unable to get a specific answer then please use the RTI route with the Head Office of the Transport Department in the capital of the State. If there is no such exemption available, then take up the issue with the Command / Area for consideration in the next Civil-Military Liaison Conference (CMLC). We would have to be proactive, mere cribbing would lead you nowhere !.

A Reservist from my Regiment has been denied his reservist pension on the ground that although he had completed 15 years of combined colour-reserve service, he is barred from pension because he had sought discharge at his own request. What is the rule position on this ? (Lt Col Kuljit Singh)

There used to be a stipulation [Para 155(b) of the Pension Regulations] for pre-1968 retirees which provided that reservist pension would be refused to those who had sought voluntary discharge even if the condition of combined 15 years of colour-reserve service was met. But the said stipulation was held to be bad in law in 2008 by the Hon’ble Punjab & Haryana High Court in case of Harjinder Singh Vs UOI. The Hon’ble High Court had directed the govt to release reservist pension to those who had sought voluntary discharge also.

My Pension Disbursing Agency is keen to deduct tax on my disability pension, what should I do ? (Col N S Grewal)

Ask your PDA to go through Para 88.3 of Pension Payment Instructions, 2005, issued by the PCDA (P) to all PDAs in the country including DPDOs and Banks.