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 4 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 5 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. 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 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. (c) OA NO 352/2017 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.