WG CDR A U TAYYABA (RETD) & ORS. versus UNION OF INDIA & ORS.

Citation: [2024] 4 S.C.R. 518 · Decided: 15-04-2024 · Supreme Court of India · Bench: D.Y. CHANDRACHUD, J.B. PARDIWALA, MANOJ MISRA · Disposal: Disposed off

Judgment (excerpt)

[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 

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