Are you getting less salary or pension than your batchmates or juniors?

It may seem improbable or almost impossible to sincere serving defence forces soldiers or veterans that they could be drawing less salary or pension than that of their batchmates or juniors. But such things happen often because of the incompetence of the Defence Accounts Department.

Serving soldiers and veterans place excessive faith in their system and most of them cannot fathom any reason for the organisation to let such an anomaly prevail. In fact, most of the serving officers and veterans consider it below their dignity to sit and calculate their salaries and dues or compare their salaries or pensions with others.  But such anomalies in pay and pensions have crept in the Indian Defence Forces because of either non-submission of the ‘Option Certificate or submission of certificate with an option that is not a most beneficial option’. The Defence Accounts Department has made no serious attempts to settle such anomalies. But now there is recourse available to soldiers and veterans to get the anomaly fixed in their favour by filing a case in the AFT.

Sub M.L. Srivastava (Retd), challenged the disparity in pay fixation after transitioning from the 6th Central Pay Commission (CPC) to the 7th CPC in AFT and won the case. AFTs are now regularly awarding enhancement of salary and pension in similar cases.

In this piece, I will delve into the process of initiating a legal case in the AFT if you perceive that you are being paid less than your colleagues or juniors.

Understanding the Issue:

Prior to initiating legal proceedings, it is crucial to grasp the matter at hand. If there are suspicions that your salary or pension has been inaccurately determined, resulting in financial loss, you have justification to seek resolution. Common instances involve erroneous pay fixation on transition from 6th Central Pay Commission or during the transition from the 6th Central Pay Commission (CPC) to the 7th CPC, leading to discrepancies.

Gather Evidence:

Collect relevant documents, including pay slips, PPO and Pension Slips, service records, and communication related to pay fixation, if any.

Collect copies of pay slips/ pension slips of your batchmates or junior who are drawing more salary and pension than you.

Identify the specific instances where you believe your pay was wrongly calculated.

Consult Legal Counsel:

Engage an experienced advocate who specializes in military and administrative law. Your lawyer will guide you through the process and help build a strong case.

Advocate will file an application under Section 14 of the Armed Forces Tribunal Act, 2007 in the AFT on your behalf clearly stating grievance, emphasizing the incorrect pay fixation and the resulting disparity.

Arguments in Your Favor:

• Highlight the incorrect pay fixation during both the 6th CPC and 7th CPC transitions.
• Cite relevant legal precedents, such as the case of M. L. Srivastava decided by AFT (PB) Delhi and Lt Col Karan Dusad Versus UOI in OA 868/2020.
• Emphasize that the Pay Accounts Office (PAO) should offer the more beneficial option if an individual has not submitted an option form.

Conclusion

It is indeed very disheartening and demoralizing for a serving soldier or a veteran to learn that he is drawing less salary or pension than his own batchmates or juniors.

Now it is easy to get justice in such cases. Filing a case in the AFT does not require great persistence and effort. Neither is the process of filing case very costly. The applicants can file a case from the comforts of their homes and are not required to be present in the courts ever.

Please remember that you are seeking justice not only for yourself but also for fellow veterans who face similar disparities. By pursuing equal pay, you contribute to the integrity of the armed forces and uphold the rights of all servicemen and veterans.