1. OA No 841/2018 Smt Vasanti Devi, Widow of Ex No 6811856F Hav & Hony Nb Sub Ramji Lal 2
Total Page:16
File Type:pdf, Size:1020Kb
ARMED FORCES TRIBUNAL, REGIONAL BENCH, JAIPUR APPLICANTS: 1. OA No 841/2018 Smt Vasanti Devi, widow of Ex No 6811856F Hav & Hony Nb Sub Ramji Lal 2. OA No 847/2018 Ex No 1295217M Hav & Hony Nb Sub Bajrang Singh 3. OA No 35/2019 Ex No 3164782A Hav & Hony Nb Sub Manrup Singh 4. OA No 41/2019 Smt Mani Devi, widow of Ex No 1034726L Late Hav & Hony Nb Sub Supyar Singh 5. OA No 52/2019 Ex No 14339021F Hav & Hony Nb Sub Jagmohan Yadav 6. OA No 55/2019 Ex No 14213210Y Ex Hav & Hony Nb Sub Ratan Singh Shekhawat 7. OA No 61/2019 Smt Sajjan Kumari, widow of Ex No 2641072H Late Hav & Hony Nb Sub Mala Ram 8. OA No 66/2019 Ex No 6463033Y Hav & Hony Nb Sub Keshav Ram 9. OA No 68/2019 Ex No 7769323F Hav & Hony Nb Sub Himmat Singh 10. OA No 77/2019 Ex No 14540579M Hav & Hony Nb Sub Sudishta Kumar Gupta 11. OA No 294/2017 Ex No 9204160 Hav & Hony Nb Sub Seotaj Singh 12. OA No 86/2019 Ex No 6798564 Hav & Hony Nb Sub Sher Singh 2 13. OA No 88/2019 Ex No 13604049L Hav & Hony Nb Sub Ratan Lal 14. OA No 89/2019 Ex No 4168589F Hav & Hony Nb Sub Kunwar Singh 15. OA No 104/2019 Ex No 14520020N Hav & Hony Nb Sub Bhanwar Singh 16. OA No 109/2019 Smt Kela Devi, widow of Ex No 13680467W Hav & Hony Nb Sub Dharam Pal 17. OA No 110/2019 Ex No 14308177X Hav & Hony Nb Sub Jai Singh Yadav 18. OA No 111/2019 Ex No 13916412F Hav & Hony Nb Sub Bishamber Dayal 19. OA No 112/2019 Ex No 2961226K Hav & Hony Nb Sub Rup Singh 20. OA No 113/2019 Ex No 4149715 Hav & Hony Nb Sub Shish Ram 21. OA No 114/2019 Smt Santra Devi, widow of Ex No 14516486Y Late Hav & Hony Nb Sub Hari Ram 22. OA No 202/2017 Ex No 1065832L Hav & Hony Nb Ris Vishram Singh 23. OA No 451/2017 Ex No 1144587P Hav & Hony Nb Sub Dalip Singh Yadava 24. OA No 459/2017 Ex No 3163641Y Hav & Hony Nb Sub Ram Swarup 25. OA No 460/2017 Ex No 1263418X Hav & Hony Nb Sub Gopi Chand Yadav 3 26. OA No 420/2017 Smt Sumer Devi, widow of Ex No 14516426 Late Hav & Hony Nb Sub Mohan Singh RESPONDENTS (In OA at Ser Nos 15, 21) 1. Union of India through the Secretary, Ministry of Defence, Govt of India, New Delhi – 110 001 2. The Principal Controller of Defence Accounts (Pension) Draupadi Ghat, Allahabad – 211 014, UP 3. OIC Records, Records, Records The Kumaon Regiment, PIN 900 473, c/o 56 APO RESPONDENTS (In OA at Ser Nos 2, 13, 19) 1. Union of India through the Secretary, Ministry of Defence, Govt of India, New Delhi – 110 011 2. The PCDA (pension), Allahabad, UP – 211 014 3. Senior Record Officer, Records The Army Medical Corps, PIN 900 450, c/o 56 APO RESPONDENTS (in OA at Ser No 3) 1. Union of India through the Secretary, Ministry of Defence, Govt of India, South Block, New Delhi – 110 011 2. The PCDA (P), Draupadi Ghat, Allahabad (UP) 3. The OIC Records, Army Air Defence, PIN 908 803, c/o 56 APO RESPONDENTS (in OA at Ser No 4, 25) 1. Union of India through the Secretary, Ministry of Defence, Govt of India, South Block, New Delhi – 110 011 2. Chief Controller of Defence Accounts (Pension), Allahabad (UP 4 3. The OIC Records, Records The Jat Regiment, Bareilly – 243 001, Uttar Pradesh (PIN 900 496, c/o 56 APO) RESPONDENTS (in OA at Ser Nos 5, 23) 1. Union of India through the Secretary, Ministry of Defence, Govt of India, South Block, New Delhi – 110 011 2. The Principal Controller of Defence Accounts (Pension), Allahabad (UP) 3. The OIC Records, Records The Armoured Corps, Ahmednagar, Maharashtra RESPONDENTS (in OA at Ser Nos 6, 18, 24, 26 ) 1. Union of India through the Secretary, Ministry of Defence, Govt of India, South Block, New Delhi – 110 011 2. The Principal Controller of Defence Accounts (Pension), Draupadi Ghat, Allahabad (UP) 3. The OIC Records, Artillery Records, PIN 908 802, c/o 56 APO RESPONDENTS (in OA at Ser No 7) 1. Union of India through the Secretary, Ministry of Defence, Govt of India, South Block, New Delhi – 110 011 2. The Principal Controller of Defence Accounts (Pension), Draupadi Ghat, Allahabad (UP) 3. The OIC Records, Signals Records, Post Bag No 5, Jabalpur – 482 001, Madhya Pradesh RESPONDENTS (in OA at Ser No 8) 1. Union of India through the Secretary, Ministry of Defence, Govt of India, South Block, New Delhi – 110 011 2. The Principal Controller of Defence Accounts (Pension), Draupadi Ghat, Allahabad (UP) 5 3. The OIC Records, Records The Grenadiers, Jabalpur, Madhya Pradesh RESPONDENTS (in OA at Ser No 9) 1. Union of India through the Secretary, Ministry of Defence, Govt of India, South Block, New Delhi – 110 011 2. The Principal Controller of Defence Accounts (Pension), Draupadi Ghat, Allahabad (UP) 3. The OIC Records, ASC Records, PIN 900 493, c/o 56 APO RESPONDENTS (in OA at Ser No 10) 1. Union of India through the Secretary, Ministry of Defence, Govt of India, South Block, New Delhi – 110 011 2. The Principal Controller of Defence Accounts (Pension), Draupadi Ghat, Allahabad (UP) 3. The OIC Records, Records the CMP, PIN 900 493, c/o 56 APO RESPONDENTS (in OA at Ser Nos 11, 16, 22 & 26) 1. Union of India through the Secretary, Ministry of Defence, Govt of India, South Block, New Delhi – 110 011 2. The Principal Controller of Defence Accounts (Pension), Draupadi Ghat, Allahabad (UP) 3. The OIC Records, EME Records, Secunderabad, Telangana RESPONDENTS (in OA at Ser No 12) 1. Union of India through the Secretary, Ministry of Defence, Govt of India, South Block, New Delhi – 110 011 2. The Principal Controller of Defence Accounts (Pension), Draupadi Ghat, Allahabad (UP) 6 3. The OIC Records, Records The Mahar Regiment, PIN 900 127, c/o 56 APO RESPONDENTS (in OA at Ser No 14) 1. Union of India through the Secretary, Ministry of Defence, Govt of India, South Block, New Delhi – 110 011 2. The Principal Controller of Defence Accounts (Pension), Draupadi Ghat, Allahabad (UP) 3. The OIC Records, The Parachut Regiment, PIN 900 493, c/o 56 APO RESPONDENTS (in OA at Ser No 17) 1. Union of India through the Secretary, Ministry of Defence, Govt of India, South Block, New Delhi – 110 011 2. The Principal Controller of Defence Accounts (Pension), Draupadi Ghat, Allahabad (UP) 3. The OIC Records, Brigade of the Guards, PIN 900 746, c/o 56 APO RESPONDENTS (in OA at Ser No 20) 1. Union of India through the Secretary, Ministry of Defence, Govt of India, South Block, New Delhi – 110 011 2. The Principal Controller of Defence Accounts (Pension), Draupadi Ghat, Allahabad (UP) 3. The OIC Records, Rajput Regiment, Fatehgarh, UP Advocates for Applicants : Shri SB Singh, Shri PS Rathore Shri RS Bhadauria Shri Budh Ram Shri Yogendra Singh Shri Harish Maan Shri Tansukh Rai , Shri Hawa Singh 7 Shri Hawa Singh Shri Jai Singh Advocates for Respondents : Shri Pyare Lal Shri Pradeep Mathur Shri Anil Bhardwaj Shri Brij Bihari Sharma Shri Arun Kumar Shri OP Jhajharia Shri Gajendra Sharma Col Kamal Singh, SO Legal Cell CORAM :- HON’BLE MR JUSTICE VS RAVI, MEMBER (J) HON’BLE LT GEN CA KRISHNAN, PVSM, UYSM, AVSM, MEMBER (A) COMMON ORDER 15/2/2019 1. The above mentioned OAs have been clubbed together being of the same nature and the present common order is passed, after hearing both the sides and after the perusal of material on record. On perusal of above mentioned OAs, it is seen that the above mentioned applicants have been discharged from service in the rank of Havildars. Subsequent to their discharge, they were conferred with the rank of Hony Nb Sub and prayed for grant of service pension as applicable to Nb Sub. 8 (a) OA NO 841/2018 The husband of the applicant was enrolled in the Indian Army (Army Medical Corps) on 6/2/1963 and was discharged from service on 28/2/1987 in the rank of Havildar. Subsequently, he was conferred the rank of Hony Nb Sub. In the meantime, the husband of the applicant expired on 19/7/1995. However, pension of Nb Sub has not been granted to the applicant with effect from 01/1/2006 as admissible. The applicant has submitted a legal notice to the respondents through his counsel for grant of pension as applicable to Nb Sub but no heed has been paid to his request. Under the facts and circumstances of the case, the applicant has sought redressal for grant of pension of Nb Sub. In view of the above facts, the applicant has prayed for (i) grant of service pension of Nb Sub with effect from 01/1/2006 & (ii) pay the entire arrears of amount with 12% interest. (b) OA NO 847/2018 The applicant was enrolled in the Indian Army (Army Air Defence) on 19/11/1968 and was discharged from service on 30/11/1992 in the rank of Havildar. Subsequently, he was conferred the rank of Hony Nb Sub on 26/1/1993. Pension of Nb Sub has not been granted with effect from 01/1/2006 to the applicant. The applicant has submitted a legal notice to the respondents through his counsel for grant of pension as applicable to Nb Sub but no heed has been paid to his request.