1. OA No 467/2018 Ex No 2867968L Hav & Hony Nb Sub Hanuman Singh 2

ARMED FORCES TRIBUNAL, REGIONAL BENCH, JAIPUR

APPLICANTS:

1. OA No 467/2018 Ex No 2867968L Hav & Hony Nb Sub Hanuman Singh 2. OA No 468/2018 Ex No 26644444N Hav & Hony Nb Sub Ashagar Khan 3. OA No 352/2017 Ex No 13658051A Hav & Hony Nb Sub Bhagwana Ram 4. OA No 358/2017 Ex No 2981369L Hav & Hony Nb Sub Goutam Singh 5. OA NO 359/2017 No 13944187N Hav & Hony Nb Sub Rohitashva 6. OA No 366/2017 Ex 7077758M Hav & Hony Nb Suraj Bhan 7. OA No 383/2017 Ex No 3166814 Hav & Hony Nb Sub Ramdev Singh

8. No 284/2018 Ex No 3167281L Hav & Hony Nb Sub Rajveer Singh 9. No 471/2018 Smt Bimla Devi, widow of Late No 14506501P Hav & Hony Nb Sub Hoshiyar Singh 10 OA No 469/2017 Ex No 4172054L Hav & Hony Nb Sub Suresh Chand Yadav 11 OA No 308/2018 Ex No 14278520X Hav & Hony Nb Sub Ghisa Ram 12 OA No 309/2018 Ex No 4154323K Hav & Hony Nb Sub Durga Prasad 13 OA No 313/2018 Ex No 2867514X Hav & Hony Nb Sub Hari Ram 2

14 OA No 317/2018 Ex No 2857952M Hav & Hony Nb Sub Khyali Ram 15. No 444/2018 Smt Nihali Devi, widow of Late No 6581110 Hav & Hony Nb Sub Ram Singh 16. No 519/2017 Ex No 1299634W Hav & Hony Nb Sub Rohtash 17. No 42/2017 Ex No 2665266K Hav & Hony Nb Sub Salim Ali 18. OA 249/2016 Ex No 3159927W Hav & Hony Nb Sub Narain Singh 19. OA No 402/2017 Ex No 2669387H Hav & Hony Nb Sub Mani Ram 20. OA No 413/2017 Ex No 02870760N Hav & Hony Nb Sub Ranvir Singh 21. OA No 517/2017 Smt Santra Devi widow of Late No 4159367L Hav & Hony Nb Sub Ram Avtar 22. OA No 573/2017 Ex No 1229676L Hav & Hony Nb Sub Imdad Ali Khan 23. OA No 580/2017 Ex No 4159558H Hav & Hony Nb Sub Lala Ram 24. OA No 539/2017 Ex No 1168817W Hav & Hony Nb Sub Siri Ram

RESPONDENTS (In OA at Ser Nos 1,4,13,14 & 20)

1. Union of India through the Secretary, Ministry of Defence, Govt of India, New Delhi – 110 001 3

2. The Principal Controller of Defence Accounts (Pension) Draupadi Ghat, Allahabad – 211 014, UP

3. OIC Records, Records, The Rajputana Rifles, PIN 900 106, c/o 56 APO

RESPONDENTS (In OA at Ser Nos 2, 17, 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. OIC Records, Records The Grenadiers, c/o 56 APO RESPONDENTS (in OA at ser 3)

1. Union of India through the Secretary, Ministry of Defence, Govt of India, South Block, New Delhi – 110 011 2. The Chief of Army Staff, Army HQ, DHQ PO, New Delhi – 110 011 3. The PCDA (P), Draupadi Ghat, Allahabad (UP) 4. OIC Records, Records the Brigade of the Guards (ATGM), PIN 441 001

RESPONDENTS (in OA at ser 5)

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. OIC Records, AMC Centre & School, Lucknow – 226 002, Uttar Pradesh

RESPONDENTS (in OA at ser Nos 6, 9) 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. OIC Records, Brigade the EME, Secunderabad – 500 021

RESPONDENTS (in OA at ser 7, 8 & 18) 1. Union of India through the Secretary, Department of Ex-Servicemen Welfare, Ministry of Ministry of Defence, Govt of India, South Block, New Delhi – 110 011 2. The PCDA (P), Draupadi Ghat, Allahabad, UP – 211 014 3. OIC Records, The Jat Regiment, Bareilly Cantt, UP

RESPONDENTS (in OA at ser Nos 10, 12, 21 & 23) 1. Union of India through the Secretary, Ministry of Defence, Govt of India, South Block, New Delhi – 110 011 2. The Chief of Army Staff, Integrated HQ of Ministry of Defence (Army), Adjutant General’s Branch, Additional Directorate General Personnel Services, DHQ PO, New Delhi – 110 011 (Not to all) 3. OIC Records, Kumaon Regiment, PIN 900 473, c/o 56 APO 4. The PCDA (P), Draupadi Ghat, Allahabad, UP – 211 014

RESPONDENTS (in OA at ser Nos 16, 22, 24) 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 – 211 014 3. OIC Records, Records Artillery, PIN 908 802, c/o 56 APO

RESPONDENTS (in OA at ser No 11) 1. Union of India through the Secretary, Department of Ex-Servicemen Welfare, Ministry of Defence, Govt of India, South Block, New Delhi – 110 011 2. The PCDA (P), Draupadi Ghat, Allahabad, UP – 211 014 3. OIC Records, Records The Signal Regiment, Jabalpur – 481 001, Madhya Pradesh

RESPONDENTS (in OA at ser No 15) 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 – 211 014 3. OIC Records, Records ASC (MT) South, Bangalore, Karnataka

Advocate For Applicants : Shri SB Singh Shri Amit Ojha Shri Tansukh Rai Shri Yogendra Singh Shri Jai Singh Shri Rajesh Gadwal Shri Harish Maan Shri Hawa Singh Advocate for Respondents : Shri Pyare Lal Pradeep Mathur Shri OP Jhajharia Shri Sudesh Chand Sharma Shri Arun Kumar Shri Gajendra Sharma 6

Shri Sandeep Garssa 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 17/8/2018

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 materials 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 467/2018 The applicant was enrolled in the Indian Army (Rajputana Rifles) on 10/12/1973 and was discharged from service on 31/12/1997 in the rank of Havildar. Subsequently, he was conferred the rank of Hony Nb Sub. However, the applicant was not granted increase in pension 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 18% interest.

(b) OA NO 468/2018

The applicant was enrolled in the Indian Army (Grenadiers) on 12/10/1960 and was discharged from service on 31/10/1984 in rank of Havildar. Subsequently, he was conferred the rank of Hony Nb Sub on 26/1/1985. 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.

The applicant was enrolled in the Indian Army (Brigade of the Guards) on 17/5/1963 and was discharged from service on 31/5/1987 in the rank of Havildar after rendering a total service of 24 years and 15 days. Subsequently, he was conferred the rank of Hony Nb Sub on the occasion of the Independence Day, 1987. However, he was not granted the pension as applicable to Nb Sub 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 8 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 8% interest.

(d) OA NO 358/2017 The nd of the applicant was enrolled in the Indian Army (Rajputana Rifles) on 17/3/1982 and was discharged from service on 31/3/2006 in rank of Havildar. Subsequently, he was conferred the rank of Hony Nb Sub on 15/8/2006. 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.

In view of the above facts, the applicant has prayed for (i) grant of service pension of Nb Sub with effect from 01/4/2006 & (ii) pay the entire arrears of amount with 18% interest.

(e) OA NO 359/2017

The applicant was enrolled in the Indian Army (AMC) on 28/10/1977 and was discharged from service on 01/11/2001 in the rank of Havildar. Subsequently, he was conferred the rank of Hony Nb Sub on 26/1/2002. Pension of Nb Sub has been granted with effect from 01/1/2006. However, he was not granted increase in pension with 9 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.

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.

(f) OA NO 366/2017

The applicant was enrolled in the Indian Army (Corps of EME) on 18/11/1963 and was discharged from service on 01/12/1987 in the rank of Havildar. Subsequently, he was conferred the rank of Hony Nb Sub on 26/1/1988. However, he was not granted the pension as applicable to Nb Sub 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.

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.

(g) OA NO 383/2017

The applicant was enrolled in the Indian Army (Jat Regiment) on 16/5/1976 and was discharged from service on 31/5/2000 in the rank of Havildar. Subsequently, he was conferred the rank of Hony Nb Sub on 15/8/2000. However, he was not granted the pension as applicable to Nb Sub 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.

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.

(h) OA NO 284/2018

The applicant was enrolled in the Indian Army (Jat Regiment) on 23/6/1976 and was discharged from service on 30/6/2000 in the rank of Havildar. Subsequently, he was conferred the rank of Hony Nb Sub on 15/8/2000. However, the applicant has not been granted pension as applicable to Nb Sub 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.

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.

(i) OA NO 471/2018 The applicant’s husband was enrolled in the Indian Army (Corps of EME) on 03/8/1971 and was discharged from service on 31/7/1994 in the rank of Havildar. Subsequently, the applicant’s husband was conferred the rank of Hony Nb Sub on 15/8/1994. In the meantime, the husband of the applicant expired 21/1/2017. During the lifetime of the applicant’s husband, he was not granted the pension of Nb Sub 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.

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 to 21/1/2017 thereafter, family pension with effect from 22/1/2017 & (ii) pay the entire arrears of amount with 18% interest.

(j) OA NO 469/2017 The applicant was enrolled in the Indian Army (Kumaon Regiment) on 11/7/1978 and was discharged from service on 31/7/2002 in the rank of Havildar. Subsequently, he was conferred the rank of Hony Nb Sub on 01/8/2002. 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.

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.

(k) OA NO 308/2018 The applicant was enrolled in the Indian Army (Corps of Signals) on 19/4/1968 and was discharged from service on 30/4/1992 in the rank of Havildar. Subsequently, he was conferred the rank of Hony Nb Sub on 15/8/1992. 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.

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.

(l) OA NO 309/2018 The applicant was enrolled in the Indian Army (Kumaon Regiment) on 09/7/1963 and was discharged from service on 31/7/1987 in the rank of Havildar. Subsequently, he was conferred the rank of Hony Nb Sub on 15/8/1987. However, the applicant has not been granted pension applicable to Nb Sub. The applicant has submitted a legal notice to the respondents through his counsel for grant of pension 13 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.

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.

(m) OA NO 313/2018 The applicant was enrolled in the Indian Army (Rajputana Regiment) on 03/12/1972 and was discharged from service on 31/12/1996 in the rank of Havildar. Subsequently, he was conferred the rank of Hony Nb Sub on 26/1/1997. However, pension of the rank of Nb Sub has not been granted 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.

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 317/2018 The applicant was enrolled in the Indian Army (Rajputana Regiment ) on 13/12/1965 and was discharged from service on 31/12/1989 in the rank of Havildar. Subsequently, he was conferred the rank of Hony Nb Sub on 26/1/1990. However, the applicant has not been granted the pension of Nb Sub with effect from 01/1/2006. The applicant has 14 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.

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 444/2018 The applicant’s husband was enrolled in the Indian Army (ASC (MT) on 13/12/1951 and was discharged from service on 27/1/1993 in the rank of Havildar. Subsequently, he was conferred the rank of Hony Nb Sub on 15/8/1993. However, the husband of the applicant has not been granted the pension of Nb Sub during his life time. In the meanwhile, husband of the applicant expired on 23/2/2018. 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.

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 to 23/2/2018 thereafter, family pension of Nb Sub to the applicant with effect from 24/2/2018 & (ii) pay the entire arrears of amount with 18% interest.

(p) OA NO 519/2017 The applicant was enrolled in the Indian Army (Regiment of Artillery) on 24/7/1969 and was discharged from service on 01/8/1993 in the rank of Havildar. Subsequently, he was conferred the rank of Hony Nb Sub. However, the applicant has not been granted the pension of Nb Sub 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. In view of the above facts, the applicant has prayed for (i) grant of enhanced service pension of Nb Sub to the applicant’ with effect from 01/1/2006 & (ii) pay the entire arrears of amount with 18% interest.

(q) OA NO 42/2017 The applicant was enrolled in the Indian Army (Grenadiers Regiment) on 08/12/1973 and was discharged from service on 31/12/1997 in the rank of Havildar. Subsequently, he was conferred the rank of Hony Nb Sub on 26/1/1998. However, pension of Nb Sub has not been granted to the applicant as admissible 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. 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 12% interest. 16

(r) OA NO 249/2016 The applicant was enrolled in the Indian Army (Jat Regiment ) on 01/5/1969 and was discharged from service on 30/4/1993 in the rank of Havildar. Subsequently, he was conferred the rank of Hony Nb Sub on 15/8/1993. However, the applicant has not been granted the pension as applicable to the rank of Nb Sub 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. 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 12% interest.

(s) OA NO 402/2017 The applicant was enrolled in the Indian Army (Grenadiers Regiment) on 08/9/1977 and was discharged from service on 30/9/2003 in the rank of Havildar after rendering a total service of 26 years and 23 days. Subsequently, he was conferred the rank of Hony Nb Sub on 26/1/2004. However, the applicant has not been granted the pension of Nb Sub as applicable 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. 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. 17

(t) OA NO 413/2017 The applicant was enrolled in the Indian Army (Rajputana Rifles) on 22/6/1976 and was discharged from service on 30/6/2000 in the rank of Havildar. Subsequently, he was conferred the rank of Hony Nb Sub on 15/8/2000. However, the applicant has not been granted the pension of Nb Sub as applicable 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. 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 517/2017 The applicant’s husband was enrolled in the Indian Army ( Kumaon Regiment) on 13/2/1967 and was discharged from service on 28/2/1991 in the rank of Havildar. Subsequently, he was conferred the rank of Hony Nb Sub on 15/8/1991. The husband of the applicant expired on 03/12/1995. However, the applicant has not been granted family pension as applicable to the rank of Nb Sub 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. In view of the above facts, the applicant has prayed for (i) grant of family pension of Nb Sub to the applicant with effect from 01/1/2006 and & (ii) pay the entire arrears of amount with 18% interest. 18

(v) OA No 573/2017 The applicant was enrolled in the Indian Army (Artillery Regiment) on 22/2/1964 and was discharged from service on 01/3/1988 in the rank of Havildar. Subsequently, he was conferred the rank of Hony Nb Sub on 15/8/1988. However, the applicant has not been granted pension of Nb Sub 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. In view of the above facts, the applicant has prayed for (i) grant of pension of Nb Sub to the applicant with effect from 01/1/2006 and & (ii) pay the entire arrears of amount with 12% interest.

(w) OA No 580/2017 The applicant was enrolled in the Indian Army (Kumaon Regiment) on 23/4/1968 and was discharged from service on 30/4/1992 in the rank of Havildar. Subsequently, he was conferred the rank of Hony Nb Sub on 15/8/1992. However, the applicant has not been granted pension of Nb Sub 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. In view of the above facts, the applicant has prayed for (i) grant of pension of Nb Sub to the applicant with effect from 01/1/2006 and & (ii) pay the entire arrears of amount with 12% interest.

(x) OA No 539/2017 The applicant was enrolled in the Indian Army (Regiment of Artillery) on 30/6/1961 and was discharged from service on 01/7/1985 in the rank of Havildar. Subsequently, he was conferred the rank of Hony Nb Sub on 15/8/1985. However, the applicant has not been granted pension of Nb Sub 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. In view of the above facts, the applicant has prayed for (i) grant of pension of Nb Sub to the applicant with effect from 01/1/2006 and & (ii) pay the entire arrears of amount with 18% interest.

2. On the other hand, the respondents have submitted that the PCDA (Pension), Allahabad, vide Circular No 415 dated 22/7/2009 has clarified that the orders are made applicable to the personnel discharged on or before 01/1/2006 only. In the present OAs, the personnel have been discharged from service prior to 01/1/2006 and hence, the benefit equal to regular Naib Subedar could not be granted to the applicants.

3. Principal Bench of the Armed Forces Tribunal on the subject of pension of Honorary Naib Subedar in its Order dated 01/12/2017 in the case of Sgt Girish Kumar Vs UOI observed as follows :-

“32. It needs to be mentioned here that the Regional Bench, Chandigarh had occasion to deal with Sections 21 and 22 in Chapter

IV of the Act in case Bakshi Chand Vs Union of India and Others (RA No 235 of 2015 in OA No 670 of 2016 decided on 09/9/2017) with regard to an issue of arrears. In fact, it was a review application. It was with regard to a Havildar who was granted the honorary rank of Naib Subedar and after retirement was held entitled to be paid the pension of Naib Subedar. He was held entitled on the basis of the judgment passed in OA No 42 of 2010 Virender Singh and others Vs Union of India and Others decided on 08/2/2010, (subsequently allowed by Apex Court) in which the following directions were issued :- “In case these benefits were to be extended to Havildars granted honorary rank of Nb Subedar on or after 01/1/2006, it would introduce serious disparities within the same class and category of individuals ie, Honorary Naib Subedars of pre and post 01/1/2006. This would be arbitrary and discriminatory. In view of the facts and circumstances of the case the application is allowed. Respondents are directed to implement the Government instructions and release the entitled pension with arrears with effect from 01/1/2006 to Honorary Naib Subedars within three months of the receipt of the order”.

4. The said judgment was affirmed by the Hon’ble Supreme Court. While dealing with another case titled Baldev Singh and Others Vs Union of India and Others (OA No 3146 of 2013 etc, decided by the Regional Bench, Chandigarh, it was observed as follows :-

“6. In the case of Baldev Singh (supra), the order held as follows :- “30. It is, therefore, clear that not only the case of the petitioners in Virender Singh’s case (supra) was allowed but the respondents were 21

also directed to implement the Govt instructions and to release the entitled pension with arrears with effect from 01/1/2006 to Hony Nb Subs as per the Govt instructions. This clearly shows that the directions were specifically issued to grant such arrears to honorary Naib Subedars and the directions were not restricted to the petitioners only. The said order has been affirmed by Hon’ble Supreme Court when Their Lordships dismissed the Special Leave petition against the said order as mentioned above”.

5. 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 applicant in the case 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 Virender Singh’s case (supra), as upheld by the Hon’ble Supreme Court. 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. 22

6. 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 decided 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. The Apex Court however, clarified, that “no interest shall be payable” in such cases.

7. 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.

8. The applicants are entitled to receive the pension as applicable to Honorary Naib Subedar with effect from 01/1/2006.

9. In the result, it is declared that the applicants (O.A. Nos 467/2018, 468/2018, 352/2017, 359/2017, 366/2017, 383/2017, 284/2018, 469/2017, 308/2018, 309/2018, 313/2018, 317/2018, 519/2017, 42/2017, 249/2016, 402/2017, 413/2017, 539/2017, 573/2017 & 580/2017) are entitled to revised pension as applicable to the rank of Honorary Naib Subedar with effect from 01/1/2006 except in the cases of OAs cited below and subsquently, be

23 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 358/2017 – with effect from 01/4/2006. (b) OA No 471/2018 – Service pension of late Nb Sub Hoshiyar Singh with effect from 01/1/2006 to 21/1/2017 and thereafter, family pension with effect from 22/1/2017 to the applicant. (c) OA No 444/2018 - Service pension of late Nb Sub Ram Singh with effect from 01/1/2006 to 23/2/2018 and thereafter, family pension with effect from 24/2/2018. (d OA No 517/2017 – family pension of late Nb Sub Ram Avtar with effect from 01/1/2006.

10. The OAs are ordered, accordingly. No costs.

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

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