Pro-Rata Pension to Airforce Services Personnels Served for 10 Years Service


Pro-Rata Pension to Airforce Services Personnels Served for 10 Years Service
The Issue
Respected Sir,
In the spirit of upholding the principles enshrined in the Indian Constitution, we request the honorable PM & Defence Minister to address a profound injustice in the treatment of armed personnel regarding pension rights. We contend that the current practice of granting pro-rata pension benefits only to armed personnel who are discharged after 10 years of service & got a Job in other Govt & PSU, Banks Jobs, while denying the same to those discharged after serving 10 years on compassionate grounds or by self-request, violates the fundamental rights guaranteed under the Constitution.
Right to Equality: Article 14 of the Indian Constitution mandates equality before the law and equal protection of the laws. It prohibits discrimination on arbitrary grounds and requires that equals be treated equally. Any differentiation in the treatment of individuals must be reasonable and non-arbitrary.
Right to Life and Personal Liberty: Article 21 guarantees the right to life and personal liberty, which includes the right to live with dignity and security. Pension benefits are essential for ensuring a dignified life after retirement, and denial of such benefits can infringe upon the right to a secure livelihood.
Equal Justice and Free Legal Aid: Article 39A directs the State to ensure equal justice and provide free legal aid to ensure access to justice for all citizens. Denying pro-rata pension benefits to armed personnel discharged on compassionate grounds or by self-request creates an economic disparity and denies them access to justice.
Arbitrary Discrimination: The current practice of granting prorata pension benefits only to armed personnel who serve in government or PSU roles for 10 years, while denying the same to those discharged on compassionate grounds or by self-request, constitutes arbitrary discrimination. There is no rational basis for treating individuals differently based on the circumstances of their discharge after completing the same duration of service.
Violation of Right to Equality: Denying pro-rata pension benefits based on the circumstances of discharge violates the right to equality guaranteed under Article 14 of the Constitution. All individuals who serve for a specified duration in the armed forces should be entitled to similar pension benefits, irrespective of the reasons for their discharge.
Inequitable Treatment: Furthermore, the current practice allows for continued pension benefits even if an individual switches from a government job to a private organization after 10 years of service, or if they leave a subsequent government job. This disparate treatment is unjust and places armed personnel discharged on compassionate grounds or by self-request at a significant disadvantage compared to their counterparts who were absorbed in Air India or an Govt Public Secor Company or Govt entity but after 1-2 years - these companies now converted as Pvt organizations or either these people left government organization & joined private now but still getting the Pension. It is inequitable to base pro-rata pension on different criteria for armed personnel. The basis for pro-rata pension should be the length of service, ensuring fair treatment for all.
In conclusion, Your Honor, the differential treatment of armed personnel regarding pension rights is a clear violation of the constitutional principles of equality before the law and equal protection of the laws. We urge this Respected PM & Defense Minister to rectify this injustice by extending pro-rata pension rights to all armed personnel who complete a decade of service, irrespective of the circumstances of their discharge. Justice demands nothing less.
Regards
All 10 Years of Airforce Veterans who served the country for 10 years
161
The Issue
Respected Sir,
In the spirit of upholding the principles enshrined in the Indian Constitution, we request the honorable PM & Defence Minister to address a profound injustice in the treatment of armed personnel regarding pension rights. We contend that the current practice of granting pro-rata pension benefits only to armed personnel who are discharged after 10 years of service & got a Job in other Govt & PSU, Banks Jobs, while denying the same to those discharged after serving 10 years on compassionate grounds or by self-request, violates the fundamental rights guaranteed under the Constitution.
Right to Equality: Article 14 of the Indian Constitution mandates equality before the law and equal protection of the laws. It prohibits discrimination on arbitrary grounds and requires that equals be treated equally. Any differentiation in the treatment of individuals must be reasonable and non-arbitrary.
Right to Life and Personal Liberty: Article 21 guarantees the right to life and personal liberty, which includes the right to live with dignity and security. Pension benefits are essential for ensuring a dignified life after retirement, and denial of such benefits can infringe upon the right to a secure livelihood.
Equal Justice and Free Legal Aid: Article 39A directs the State to ensure equal justice and provide free legal aid to ensure access to justice for all citizens. Denying pro-rata pension benefits to armed personnel discharged on compassionate grounds or by self-request creates an economic disparity and denies them access to justice.
Arbitrary Discrimination: The current practice of granting prorata pension benefits only to armed personnel who serve in government or PSU roles for 10 years, while denying the same to those discharged on compassionate grounds or by self-request, constitutes arbitrary discrimination. There is no rational basis for treating individuals differently based on the circumstances of their discharge after completing the same duration of service.
Violation of Right to Equality: Denying pro-rata pension benefits based on the circumstances of discharge violates the right to equality guaranteed under Article 14 of the Constitution. All individuals who serve for a specified duration in the armed forces should be entitled to similar pension benefits, irrespective of the reasons for their discharge.
Inequitable Treatment: Furthermore, the current practice allows for continued pension benefits even if an individual switches from a government job to a private organization after 10 years of service, or if they leave a subsequent government job. This disparate treatment is unjust and places armed personnel discharged on compassionate grounds or by self-request at a significant disadvantage compared to their counterparts who were absorbed in Air India or an Govt Public Secor Company or Govt entity but after 1-2 years - these companies now converted as Pvt organizations or either these people left government organization & joined private now but still getting the Pension. It is inequitable to base pro-rata pension on different criteria for armed personnel. The basis for pro-rata pension should be the length of service, ensuring fair treatment for all.
In conclusion, Your Honor, the differential treatment of armed personnel regarding pension rights is a clear violation of the constitutional principles of equality before the law and equal protection of the laws. We urge this Respected PM & Defense Minister to rectify this injustice by extending pro-rata pension rights to all armed personnel who complete a decade of service, irrespective of the circumstances of their discharge. Justice demands nothing less.
Regards
All 10 Years of Airforce Veterans who served the country for 10 years
161
The Decision Makers
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Petition created on 19 June 2024