ARMED FORCES TRIBUNAL, REGIONAL BENCH, JAIPUR APPLICANTS: 1. OA No 104/2017 Ex No 3165742L Hav & Hony Nb Sub Subash Chandra 2. OA No 241/2016 Ex No 14462297Y Hav & Hony Nb Sub Dhanpat Singh 3. OA No 275/2016 Ex No 1291742L Hav & Hony Nb Sub Lal Chand Yadav 4. OA No 106/2017 Ex No 3169108A Hav & Hony Nb Sub Rajpal Singh Bhalothia 5. OA No 350/2016 Ex No 7076340 Hav & Hony Nb Sub Madan Lal 6. OA No 393/2016 Ex No 14341149L Hav & Hony Nb Sub Pit Ram Singh 7. OA No 177/2018 Ex No 4171240P Hav & Hony Nb Sub Kanwar Singh 8. OA No 728/2018 Ex No 1046677A Hav & Hony Nb Sub Bhanwar Khan 9. OA No 132/2016 Ex No 2668104K Hav & Hony Nb Sub Ganpat Ram 10. OA No 79/2017 Ex No 13948832P Hav & Hony Nb Sub Ram Karan 11. OA No 290/2017 Ex No 2845601L Hav & Hony Nb Sub Makhtul Singh 12. OA No 535/2017 Smt Bhateri Devi, widow of Late 7114396 Hav & Hony Nb Sub Banshi Dhar 13. OA No 355/2017 Ex No 1184719A Hav & Hony Nb Sub Rameshwar 14. OA No 443/2017 Ex No 6274384K Hav & Hony Nb Sub Hanuman Singh 15. OA No 485/2017 Ex No 1245733L Hav & Hony Nb Sub Dharampal Singh Yadav 16. OA No 525/2017 Smt Santosh Devi, widow of Ex No 3142519P Late Hav & Hony Nb Sub Bhala Ram 2 17. OA No 601/2017 Ex No 1263417P Hav & Hony Nb Sub Hoshiar Singh 18. OA No 605/2017 Ex No 4167767M Hav & Hony Nb Sub Ram Niwas 19. OA No 48/2018 Ex No 6362893L Hav & Hony Nb Sub Ram Awtar Sharma 20. OA No 49/2018 Ex No 13911377A Hav & Hony Nb Sub Pratap Singh 21. OA No 53/2018 Ex No 6800225 Hav & Hony Nb Sub Chhater Singh 22. OA No 54/2018 Ex No 2648857P Hav & Hony Nb Sub Hawai Singh 23. OA No 106/2018 Ex No 6299155K Hav & Hony Nb Sub Deo Karan 24. OA No 109/2018 Smt Satyawati, widow of Ex No 1238208 M Hav & Hony Nb Sub Ram Pat 25. OA No 204/2018 Ex No 14303182 Y Hav & Hony Nb Sub Karan Singh 26. OA No 209/2018 Ex No 13924593W Hav & Hony Nb Sub Mool Chand 27. OA No 228/2018 Ex No 1490238X Hav & Hony Nb Sub Devi Sahai 28. OA No 451/2018 Ex No 1265606X Hav & Hony Nb Sub Ram Kumar 29. OA No 452/2017 Ex No 1252401K Hav & Hony Nb Sub Basti Ram Yadava 30. OA No 461/2017 Ex No 14324220X Hav & Hony Nb Sub Ompal Yadav 31. OA No 492/2017 Ex No 1150570 Hav & Hony Nb Sub Mehar Chand 3 RESPONDENTS (In OA at Ser Nos 1, 4, 16) 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 The Jat Regiment, Bareilly, UP – 243 001 (PIN 900 496, c/o 56 APO) RESPONDENTS (In OA at Ser Nos 2, 3, 6, 13, 15, 17, 24, 25, 28, 29, 30, 31) 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 Artillery Regiment, PIN 908 802, c/o 56 APO RESPONDENTS (in OA at Ser No 11) 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, Records the Rajputana Rifles, PIN 900 106, c/o 56 APO RESPONDENTS (in OA at Ser Nos 5, 12) 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, Corps of EME, Secunderabad – 21 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. Chief Controller of Defence Accounts (Pension), Allahabad (UP 3. The OIC Records, Records The Armoured Corps, Ahmednagar, PIN 414 001, Maharashtra RESPONDENTS (in OA at Ser Nos 9 & 22) 4 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 Grenadiers, PB No 17, Jabalpur, Madhya Pradesh – 482 001 RESPONDENTS (in OA at Ser Nos 10, 20, 21, 26) 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 AMC, Lucknow – 226 002, UP RESPONDENTS (in OA at Ser Nos 14 & 23 ) 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 Signal Regiment, Jabalpur, PIN 482 001, Madhya Pradesh RESPONDENTS (in OA at Ser Nos 7 & 18) 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 Kumaon Regimement, Ranikhet RESPONDENTS (in OA at Ser No 19) 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 ASC (South) Bengaluru – 560 007 5 RESPONDENTS (in OA at Ser No 27) 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 Mechanised Infantry Regiment, PIN 900 476, c/o 56 APO Advocates for Applicants : Shri SB Singh Shri RS Bhadauria Shri Yogendra Singh Shri Tansukh Rai Shri Jai Singh Shri Hawa Singh Advocates for Respondents : Shri Pyare Lal Shri OP Jhajharia Shri Gajendra Sharma Shri Pradeep Mathur Shri Brij Bihari Sharma Shri Sandeep Garssa Shri Sudesh Chand Sharma Shri Anil Bhardwaj Shri Arun Kumar Maj Manisha Yadav, OIC Legal Cell CORAM :- HON’BLE MR JUSTICE VS RAVI, MEMBER (J) HON’BLE LT GEN (DR) NB SINGH, PVSM, AVSM, VSM, MEMBER (A) 6 COMMON ORDER 30/11/2018 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 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 104/2017 The applicant was enrolled in the Indian Army (Jat Regiment) on 05/11/1974 and was discharged from service on 30/11/1998 in rank of Havildar. Subsequently, he was conferred the rank of Hony Nb Sub on 26/1/1999. 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 241/2016 The applicant was enrolled in the Indian Army (Regiment of Artillery) on 20/11/1979 and was discharged from service on 30/11/2003 in the rank of Havildar. Subsequently, he was conferred the rank of Hony Nb Sub on 26/1/2004. However, pension of Nb Sub has not been granted to the applicant 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. 7 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 275/2016 The applicant was enrolled in the Indian Army (Regiment of Artillery) on 23/3/1968 and was discharged from service on 01/4/1992 in the rank of Havildar. Subsequently, he was conferred the rank of Hony Nb Sub on 15/8/1992. 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.