Armed Forces Tribunal, Regional Bench, Jaipur : O R D E R

ARMED FORCES TRIBUNAL, REGIONAL BENCH, JAIPUR : O R D E R : APPLICANT: No. 3174074F Ex Hav & Hony Nb Sub Mool Chand Son of Shri Cheta Ram Resident of Village and Post Sotwara, Tehsil Udaipurwati District Jhunjhunu (Rajasthan) VERSUS NON-APPLICANTS: 1. The Union of India Through the Secretary, Ministry of Defence South Block, Government of India, New Delhi-110011. 2. The Chief/Principal Controller of Defence Accounts (Pension) Draupadhi Ghat, Allahabad (UP). 3. The OIC Records, Records The Jat Regiment, Pin-900946 C/o 56 APO ::: ORIGINAL APPLICATION NO. 247 OF 2015 Under section 14 of the Armed Forces Tribunal Act, 2007 ::: DATE OF ORDER: DECEMBER 02 ,2015 ::: PRESENT HON’BLE DR. JUSTICE (MRS.) MEENA V. GOMBER (MEMBER JUDICIAL) HON’BLE LT GEN V.K. AHLUWALIA (MEMBER ADM.) Mr. Anil Kumar Mahala, counsel for the applicant. Mr. O.P. Jhanjharia, counsel for the respondents. 2 BY THE COURT: By way of this application under section 14 of the Armed Forces Tribunal Act, 2007, the applicant has prayed for grant of pension of the rank of Naib Subedar with effect from 1.1.2006. Briefly stated the facts of the case are that the applicant retired from the rank of Havildar on 31st July 2004 after completion of his normal tenure of Service in the Army. After his retirement, he was conferred the rank of Hony Naib Subedar. Along with this application, the application has also filed an application for condonation of delay caused in preferring this application, which has been registered as M.A. No.395 of 2015. For the reasons stated in the application, M.A.No.395 of 2015 is allowed and the delay caused in preferring this application is condoned. The applicant has placed reliance on the judgment of their lordships of the Supreme Court in the case of Union of India Vs. Subhash Chander Soni (Civil Appeal No. 4677 of 2014, decided on 20th May 2015, wherein the Hon’ble Apex Court while upholding the order dated 8th February 2010 passed by the Armed Forces Tribunal Chandigarh Bench in Original Application No. 42 of 2010, dismissed the Special Leave Petition © CC No.18582 of 2010. The Original Application No. 42 of 2010 filed by Subhash Chander Soni and 35 others was decided by the Armed Forces Tribunal Chandigarh Bench following its earlier decision in Virendra Singh & Others Vs. Union of India and Others (Original Application No. 42 of 2010, decided on 8th February 2010). Because of dismissal of SLP © CC No.18582 of 2010 by their lordships of the Supreme Court in Union of Vs. Virendra Singh & Others vide Judgment dated 13th December 2010, the Judgment dated 8th February 2010 passed by Armed Forces 3 Tribunal Chandigarh Bench in Virendra Singh’s case (supra) has attained finality. Learned counsel for the respondents argued that in Civil Appeal No. 5476 of 2011 Union of India Vs. Sohan Lal Bawa, the Hon’ble Apex Court had made an observation that decision in Virendra Singh’s case(supra) relates only to the case of Havildars who were granted honorary rank of Naib Subedars before retirement. He has submitted that Review Petition No. 365 of 2013 in Civil Appeal No. 5476 of 2011 has also been dismissed by the Hon’ble Apex Court on 06th March 2013 and thus, this observation has been affirmed that only those Havildars are entitled for honorary rank of Naib Subedar to whom this was granted before retirement. We have considered this submission and feel that this argument is devoid of merits. It is not in dispute that Honorary rank of Naib Subedar is conferred after retirement to the Havildars. It is also not in dispute that on the basis of the decision in Sohan Lal Bawa’s case (supra), an interim order was passed by the Hon’ble Apex Court in the case of Union of India & Ors. Vs. Subhash Chander Soni (I.A.No.2/2014 in Civil Appeal No. 4677 of 2014) staying the operation of the judgment dated 8th February 2010 passed in O.A. No.42 of 2010 filed by Subhash Chander Soni and Others and ultimately, vide its Judgment dated 20th May 2015, the Hon’ble Supreme Court decided Civil Appeal No.4677 of 2014 ( Union of India and Others Vs. Subhash Chandra Soni) in the following terms: “From the reading of the impugned judgment of the Armed Forces Tribunal, it gets revealed that the Tribunal has relied upon its earlier judgment dated 8.2.2010 rendered in O.A. No. 42 of 2010 titled as ‘Virendra Singh & Ors. Vs. U.O.I., where identical relief was granted to the petitioners therein who were similarly situated. Further we note that against the said 4 judgment of the Tribunal, SLP © CC No. 18582 of 2010 was preferred which was dismissed by this Court on 13.12.2010. We further find that by the impugned judgment, the Tribunal had decided 35 O.As. and the Union of India has preferred the instant appeal only in one of those 35 cases. For all these reasons, we are not inclined to entertain this appeal, which is dismissed accordingly. We, however, clarify that no interest shall be payable. Two months’ time is granted to the appellants to comply with the impugned judgment passed by the High Court.” Resultantly, this application is allowed and the respondents are directed to grant pension of the rank of Naib Subedar to the applicant after verification of conferment of the rank of Hony Naib Subedar, with effect from 1.1.2006. The arrears of pension of rank of Naib Subedar be paid to the applicant within a period of three months from the date of this order. In the facts and circumstances of the case, the parties are left to bear their own costs of this application. (Lt Gen V.K. Ahluwalia) (Justice Meena V Gomber) Member (A) Member (J) .

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