1. OA No 841/2018 Smt Vasanti Devi, Widow of Ex No 6811856F Hav & Hony Nb Sub Ramji Lal 2

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

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

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

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.

(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. 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.

(c) OA No 35/2019 The applicant was enrolled in the Indian Army (Jat Regiment) on 12/02/1974 and was discharged from service on 28/2/1998 in the rank of Havildar. Subsequently, he was conferred the rank of Hony Nb Sub on the occasion of Independence Day, 1998. Pension of Nb Sub has not been granted with effect from 01/1/2006. 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.

(d) OA NO 41/2019 The husband of the applicant was enrolled in the Indian Army (Armoured Corps) on 22/12/1962 and was discharged from service on 31/12/1986 in the rank of Havildar. Subsequently, he was conferred the rank of Hony Nb Sub on the occasion of Republic Day, 1987. In the meantime, the husband of the applicant expired on 19/4/2001. Pension of Nb Sub as admissible has not been granted with effect from 01/1/2006. 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

10 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. (e) OA NO 52/2019 The applicant was enrolled in the Indian Army (Regiment of Artillery) on 24/4/1979 and was discharged from service on 30/4/2003 in the rank of Havildar. Subsequently, he was conferred the rank of Honorary Nb Sub. However, pension of Nb Sub as admissible 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. 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.

(f) OA NO 55/2019 The applicant was enrolled in the Indian Army (Corps of Signals) on 26/2/1971 and was discharged from service on 01/3/1993 in the rank of Havildar. Subsequently, he was conferred the rank of Honorary Nb Sub on the occasion of Independence Day, 1993. However, pension of Nb Sub as admissible 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. 11

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 18% interest.

(g) OA NO 61/2019 The husband of the applicant was enrolled in the Indian Army (Grenadiers) on 13/2/1957 and was discharged from service on 28/2/1979 in the rank of Havildar. Subsequently, he was conferred the rank of Honorary Nb Sub on the occasion of Independence Day, 1979. In the meantime, husband of the applicant expired on 09/8/2009. However, pension of Nb Sub as admissible 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. 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 to the husband of the applicant with effect from 01/1/2006 till 09/8/2009, (ii) Family pension as admissible to the rank of Nb Sub to the applicant with effect from 10/8/2009 and (iii) pay the entire arrears of amount with 12% interest. (h) OA NO 66/2019 The applicant was enrolled in the Indian Army (ASC) on 14/5/1973 and was discharged from service on 31/5/1997 in the rank of Havildar after rendering a total service of 24 years and 18 days. Subsequently, he was conferred the rank of Honorary Nb Sub. However, pension of Nb Sub as admissible has not been granted 12 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. 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 to the applicant with effect from 01/1/2006 & (ii) pay the entire arrears of amount with 18% interest.

(i) OA NO 68/2019 The applicant was enrolled in the Indian Army (Corps of Military Police) on 29/9/1975 and was discharged from service on 30/9/2001 in the rank of Havildar. Subsequently, he was conferred the rank of Honorary Nb Sub. However, pension of Nb Sub as admissible 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. 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 to the applicant with effect from 01/1/2006 & (ii) pay the entire arrears of amount with 18% interest. (j) OA NO 77/2019 The applicant was enrolled in the Indian Army (Corps of EME) on 14/12/1980 and was discharged from service on 31/12/2004 in the rank of Havildar. Subsequently, he was conferred the rank of Honorary Nb Sub on the occasion of Republic Day, 2005. However, pension of Nb Sub as admissible has not been granted with effect 13 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. 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 to the applicant with effect from 01/1/2006 & (ii) pay the entire arrears of amount with 18% interest.

(k) OA NO 294/2017 The applicant was enrolled in the Indian Army (Mahar Regiment) on 12/5/1962 and was discharged from service on 01/6/1986 in the rank of Havildar after rendering a total service of 24 years and 20 days. Subsequently, he was conferred the rank of Honorary Nb Sub on the occasion of Independence Day, 1986. However, pension of Nb Sub as admissible 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. 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 to the applicant with effect from 01/1/2006 & (ii) pay the entire arrears of amount with 18% interest.

(l) OA NO 86/2019 The applicant was enrolled in the Indian Army (Army Medical Corps) on 18/3/1960 and was discharged from service on 01/4/1982 in the rank of Havildar after rendering a total service of 22 years and 12 14 days. Subsequently, he was conferred the rank of Honorary Nb Sub on the occasion of Independence Day, 1982. However, pension of Nb Sub as admissible 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. 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 to the applicant with effect from 01/1/2006 & (ii) pay the entire arrears of amount with 18% interest. (m) OA NO 88/2019 The applicant was enrolled in the Indian Army (Parachut Regiment) on 23/4/1965 and was discharged from service on 01/8/1989 in the rank of Havildar after rendering a total service of 24 years, three months and eight days. Subsequently, he was conferred the rank of Honorary Nb Sub on the occasion of Independence Day, 1989. However, pension of Nb Sub as admissible 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. 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 to the applicant with effect from 01/1/2006 & (ii) pay the entire arrears of amount with 18% interest.

(n) OA NO 89/2019 The applicant was enrolled in the Indian Army (Kumaon Regiment) on 14/9/1977 and was discharged from service on 30/9/2000 in the rank of Havildar after rendering a total service of 24 years and 16 days. Subsequently, he was conferred the rank of Honorary Nb Sub on the occasion of Republic Day, 2001. However, pension of Nb Sub as admissible 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. 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 to the applicant with effect from 01/1/2006 & (ii) pay the entire arrears of amount with 18% interest

(o) OA NO 104/2019 The applicant was enrolled in the Indian Army (Corps of EME) on 14/10/1974 and was discharged from service on 31/10/1998 in the rank of Havildar after rendering a total service of 24 years and 18 days. Subsequently, he was conferred the rank of Honorary Nb Sub. However, pension of Nb Sub as admissible 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. 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 to the applicant with effect from 01/1/2006 & (ii) pay the entire arrears of amount with 18% interest (p) OA NO 109/2019 The husband of the applicant was enrolled in the Indian Army (Brigade of the Guards) on 13/5/1980 and was discharged from service on 31/5/2004 in the rank of Havildar after rendering a total service of 24 years and 19 days. Subsequently, he was conferred the rank of Honorary Nb Sub on the occasion of Independence Day, 2004. In the meantime, husband of the applicant expired on 29/5/2018. However, pension of Nb Sub as admissible has not been granted with effect from 01/1/2006 to the husband of 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. 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 to the husband of the applicant with effect from 01/1/2006 till his death ie., 29/5/2018 & (ii) family pension to the applicant with effect from 30/5/2018 and (iii) pay the entire arrears of amount with 18% interest.

(q) OA NO 110/2019 The applicant was enrolled in the Indian Army (Regiment of Artillery) on 12/10/1971 and was discharged from service on 01/11/1995 in the rank of Havildar after rendering a total service of 24 years and 20 days. Subsequently, he was conferred the rank of Honorary Nb Sub on the occasion of Republic Day, 1996. However, pension of Nb 17

Sub as admissible 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. 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 to the applicant with effect from 01/1/2006 & (ii) pay the entire arrears of amount with 18% interest. (r) OA NO 111/2019 The applicant was enrolled in the Indian Army (Army Medical Corps) on 26/2/1969 and was discharged from service on 01/3/1993 in the rank of Havildar after rendering a total service of 24 years and three days. Subsequently, he was conferred the rank of Honorary Nb Sub on the occasion of Independence Day, 1993. However, pension of Nb Sub as admissible 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. 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 to the applicant with effect from 01/1/2006 & (ii) pay the entire arrears of amount with 18% interest.

(s) OA NO 112/2019 The applicant was enrolled in the Indian Army (Rajput Regiment) on 06/1/1966 and was discharged from service on 01/2/1990 in the rank of Havildar after rendering a total service of 24 years and 26 days. 18

Subsequently, he was conferred the rank of Honorary Nb Sub on the occasion of Independence Day, 1990. However, pension of Nb Sub as admissible 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. 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 to the applicant with effect from 01/1/2006 & (ii) pay the entire arrears of amount with 18% interest.

(t) OA NO 113/2019 The applicant was enrolled in the Indian Army (Kumaon Regiment) on 11/07/1962 and was discharged from service on 01/8/1986 in the rank of Havildar after rendering a total service of 24 years and 19 days. Subsequently, he was conferred the rank of Honorary Nb Sub on the occasion of Independence Day, 1986. However, pension of Nb Sub as admissible 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. 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 to the applicant with effect from 01/1/2006 & (ii) pay the entire arrears of amount with 18% interest.

(u) OA NO 114/2019 The husband of the applicant was enrolled in the Indian Army (Corps of EME) on 25/2/1974 and was discharged from service on 28/2/1998 in the rank of Havildar after rendering a total service of 24 years and three days. Subsequently, the husband of the applicant was conferred the rank of Honorary Nb Sub on the occasion of Independence Day, 1998. In the meantime, the husband of the applicant expired on 12/3/2013. However, pension of Nb Sub as admissible has not been granted with effect from 01/1/2006 to the husband of 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. 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 to the husband of the applicant with effect from 01/1/2006 to his death ie., 12/3/2013 & (ii) grant family pension to the applicant with effect from 13/3/2013 & (iii) pay the entire arrears of amount with 18% interest.

(v) OA NO 202/2017 The applicant was enrolled in the Indian Army (Armoured Corps) on 04/9/1980 and was discharged from service on 30/9/2004 in the rank of Havildar after rendering a total service of 24 years and 27 days. Subsequently, the applicant was conferred the rank of Honorary Nb Sub on the occasion of Republic Day, 2005. However, pension of Nb Sub as admissible 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 20 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 to the applicant with effect from 01/1/2006 & (ii) pay the entire arrears of amount with 18% interest.

(w) OA NO 451/2017 The applicant was enrolled in the Indian Army (Regiment of Artillery) on 15/9/1956 and was discharged from service on 30/9/1980 in the rank of Havildar after rendering a total service of 24 years and 16 days. Subsequently, the applicant was conferred the rank of Honorary Nb Sub on the occasion of Republic Day, 1981. However, pension of Nb Sub as admissible 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. 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 to the applicant with effect from 01/1/2006 & (ii) pay the entire arrears of amount with 18% interest.

(x) OA NO 459/2017 The applicant was enrolled in the Indian Army (Jat Regiment) on 15/12/1971 and was discharged from service on 28/2/1994 in the rank of Havildar after rendering more than 22 years service. Subsequently, the applicant was conferred the rank of Honorary Nb Sub. However, pension of Nb Sub as admissible has not been 21 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. 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 to the applicant with effect from 01/1/2006 & (ii) pay the entire arrears of amount with 18% interest.

(y) OA NO 460/2017 The applicant was enrolled in the Indian Army (Regiment of Artillery) on 30/3/1974 and was discharged from service on 31/3/1998 in the rank of Havildar. Subsequently, the applicant was conferred the rank of Honorary Nb Sub on 01/4/1998. However, pension of Nb Sub as admissible 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. 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 to the applicant with effect from 01/1/2006 & (ii) pay the entire arrears of amount with 18% interest. (z) OA NO 420/2017 The applicant’s husband was enrolled in the Indian Army (Corps of EME) on 16/2/1974 and was discharged from service on 28/2/1998 in the rank of Havildar. Subsequently, the husband of the applicant was conferred the rank of Honorary Nb Sub on the occasion of Independence Day, 1998. In the meantime, the husband of the 22

applicant expired on 01/10/2015. However, pension of Nb Sub as admissible has not been granted to the husband of the applicant during his life time with effect from 01/1/2006. 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 to the applicant’s husband with effect from 01/1/2006 till 01/10/2015, (ii) grant family pension to the applicant with effect from 02/10/2015 and (iii) pay the entire arrears of amount with 18% interest.

2. There is no dispute with regard to the fact that the persons like the applicants are entitled to receive pension as applicable to Honorary Naib Subedar with effect from 01/1/2006 on the strength of the orders issued by the Government. In fact, this Bench of the Armed Forces Tribunal considered a similar question in OA No 317 of 2016 and answered the same in favour of the applicant, who is similarly placed like the applicants in the cases on hand. The controversy involved in the present case is fully covered by the judgment of Armed Forces Tribunal, Regional Bench, Chandigarh in OA No 42 of 2010 titled Virender Singh and Others V/S Union of India and Others, decided on 08/2/2010. The said decision also stands affirmed by the Hon’ble Supreme Court in Special Leave to Appeal (Civil) CC No 18582 of 2010 Union of India and Others Vs Virender Singh and others decided on 13/12/2010 and is consistently being followed in similar cases. Subsequently, AFT, Regional Bench, Chandigarh in another OA No 3146 of 2013 ‘Baldev Singh Vs Union of India & Others’ decided the case (along with 33 connected OAs) on the basis of the judgment rendered in 23

Virender Singh’s case (supra), as upheld by the Hon’ble Supreme Court. In this case, the respondents filed an appeal only in one case, as Civil appeal No 4677 of 2014, ‘Union of India & others Vs Subhash Chand Soni’, which was dismissed by the Hon’ble Supreme Court on 20/5/2015.

3. At this stage, the learned counsel for the respondents ventilated to restrict the arrears to six months. We find that a similar plea was taken before AFT, Regional Bench, Chandigarh by the counsel for the Union of India in the case of Baldev Singh Vs Union of India & Others (supra), wherein Leave to Appeal was granted to the respondents. The SLP filed as Civil appeal No 4677 of 2014, ‘Union of India and others Vs Subhash Chand Soni’ was dismissed by the Hon’ble Supreme Court on 20/5/2015 and the petitioner held entitled to the benefit from 01/1/2006.

4. We are abreast, that subsequently the Hon’ble Supreme Court in CA Nos 5478, 5479 and 5480 of 2011, ‘Union of India and Ors Versus Sohan Lal Bawa and others’ decided on 07/7/2011, made an observation that, only a Havildar granted Honorary rank of Naib Subedar prior to retirement, would be entitled to such benefits. That judgment has also been read with relevant rule position by the AFT Chandigarh in OA No 1327 of 2011 ‘Raghubir Singh’ & Others V/S UOI & Others decision on 21/10/2011, upholding the entitlement and providing that the legal position is not affected due to Honorary rank of Naib Subedar being granted only after retirement. The Union of India filed Review Petition Civil No 265 of 2013 which was dismissed by the Hon’ble Supreme Court vide order dated 06/3/2013. As such, the legal position as decided in Virender Singh (Supra) and as clarified in Raghbir Singh’s case (Supra) remains unchanged.

5. The plea of the respondents to restrict the arrears to six months holds no water and is, therefore, rejected. The Apex Court however, clarified, that “no interest shall be payable” in such cases.

6. The controversy in this case is admittedly covered by the judgments aforesaid and there is no reason as to why the benefit as claimed by the applicants in the present OAs, should be denied to them.

7. Therefore, a detailed survey of the matter is not required in this case. The applicants are entitled to receive the pension as applicable to Honorary Naib Subedar with effect from 01/1/2006.

8. In the result, it is declared that the applicants (OA Nos 847/2018, 35/2019, 52/2019, 55/2019, 66/2019, 68/2019, 77/2019, 294/2017, 86/2019, 88/2019, 89/2019, 104/2019, 110/2019, 111/2019, 112/2019, 113/2019, 202/2017, 451/2017, 459/2017, 460/2017) are entitled to revised pension as applicable to the rank of Naib Subedar with effect from 01/1/2006 except in the cases of OAs cited below and subsequently, be revised as per scales applicable to the rank of Naib Subedar. This shall be done by the respondents and the arrears shall be paid to them within a period of three months from today. In default thereof, the applicants will be entitled to receive interest at the rate of 8% per annum for the arrears till the actual date of payment.

(a) OA No 841/2018 - Family pension as admissible to the rank of Nb Sub to the applicant with effect from 01/1/2006 for life. (b) OA No 41/2019 - Family pension as admissible to the rank of Nb Sub to the applicant with effect from 01/1/2006 for life.

(c) OA No 61/2019 - Service pension as admissible to the rank of Nb Sub to Late Hav & Hony Nb Sub Mala Ram with effect from 01/1/2006 to 09/8/2009 and thereafter family pension to the applicant with effect from 10/8/2009 for life. (d) OA No 109/2019 - Service pension as admissible to the rank of Nb Sub to Late Hav & Hony Nb Sub Dharam Pal with effect from 01/1/2006 to 29/5/2018 and thereafter family pension to the applicant with effect from 30/5/2018 for life. (e) OA No 114/2019 - Service pension as admissible to the rank of Nb Sub to late Hav & Hony Nb Sub Hari Ram with effect from 01/1/2006 to 12/3/2013 and thereafter family pension to the applicant with effect from 13/3/2013, for life. (f) OA No 420/2017 - Service pension as admissible to the rank of Nb Sub to late Hav & Hony Nb Sub Mohan Singh with effect from 01/1/2006 to 01/10/2015 and thereafter family pension to the applicant with effect from 02/10/2015, for life.

9. The OAs are ordered as above. No costs.

(Lt Gen CA Krishnan) (Justice VS Ravi) Member (A) Member (J) cda /-