Hony Capt Balwant Singh (Army) vs UOI & Others on 10 March 2026

O R D E R

10.03.2026

1. By way of this Application under Section 14 of the Armed Forces Tribunal Act 2007, the Applicant has filed this OA praying for directing the Respondents to step up Service Pension of the Applicant to Rs. 43,716/- from Rs. 38,400/- pm wef 01.09.2019 by applying multiplication factor of 2.57 with Rs. 17,010/-.

2. Brief facts of the case as enunciated by the Applicant are that the Applicant was enrolled in the Army on 11.05.1989. Due to his dedication and loyalty to the organization, he was conferred with the honorary rank of Honorary Capt(active list). After rendering 30 years, 3 months and 21 days of service, the Applicant was discharged from Service on 31.08.2019 on completion of terms of engagement, for which he has been granted Service Pension @ Rs. 38,400/- pm wef 01.09.2019. On perusal of instructions for revision/fixation of pension of pre- 2016 retirees of the same rank with same group and length of service, it is found that as per 7th CPC, their Service Pension has been revised/stepped up to Rs. 43,716/- by applying multiplication factor of 2.57 with Rs. 17,010/- in terms of

PCDA (P) Circular No 570 dt 31.10.2016. The Applicant submits that non- stepping up of pay of the Applicant equal to pre-2016 retirees is not only irreparable loss to the Applicant but also against the principles of “One Rank One Pension” which creates an anomaly. Further,Govt of India, Ministry of Defence letter No 12(1)/2014/D (Pen/Pol) Part-II dt 07.11.2015 stipulates that wef 01.07.2014 (OROP Scheme), uniform pension be paid to the Defence Forces Personnel retiring in the same rank with same group/ length of service regardless of their date of retirement. Further, as per PCDA (P) Circular No 471 dt 30.09.2011, defence forces personnel who have already been discharged/ invalided out of service on or after 01.01.2016 and in whose cases the pensionary benefits have already been notified under the provisions of Para 6.2 of GoI, MoD letter dt 12.11.2008, Pension Sanctioning Authority (PSA) concerned shall issue suo-moto Corr PPO in terms of these orders. In view of the aforesaid averments, the Applicant submits that he is eligible for stepping up of pension at par with pre-2016 retirees. The Applicant made representation and also issued Legal Notice for stepping up of Service Pension at par with pre-2016 retirees but to no avail. Therefore, the aggrieved Applicant has filed present OA.

3. The Respondents have filed a detailed Reply Statement. While not disputing the basic facts presented by the Applicant, the Respondents have submitted thatthe Applicant is a post 01.07.2014 retiree, therefore, the provisions of OROP-I (PCDA (P) Circular No 555 dt 04.02.2016) are not applicable to him. Accordingly, Service Pension of the Applicant has correctly been fixed at Rs. 38,400/- pm based on the last pay drawn by the Applicant. Salient features of the OROP Scheme reveals that the pension would be revised and re-fixed every five years and, accordingly, the Service Pension of the Applicant shall be revised wef 01.07.2024 as he was discharged from Service on 31.08.2019, ie., after implementation of OROP-2 Scheme wef 01.07.2019. In view of the aforesaid averments, the Respondents have reiterated that the OA is devoid of merit and deserves to be dismissed.

4. During the course of arguments, Learned Counsel for the Applicant submits that he does not press for revision of Service Pension in terms of OROP scheme. However, he drawn the attention of the Court to Para 2 of PCDA (P) Circular No 471 dt 30.09.2011 and submitted that the Respondents be directed to remove the distinction between the pre and post 01.01.2016 while fixing the Service Pension of the Applicant and his Service Pension be stepped up at par with pre 01.01.2016 retirees.

5. The prayer of the Counsel for the Applicant has been considered. It is seen that the PCDA (P) Circular No 471 dt 30.09.2011 was wrt implementation of 6th CPC wef 01.01.2006. As the Applicant herein was discharged from Service on 31.08.2019 and his pension was fixed wrt the 7th CPC recommendations in the rank of Honorary Capt, PCDA (P) Circular dt 30.09.2011 is not applicable in this case. It has been specifically stated by Respondents that his pension has correctly been fixed upon his discharge from Service and he should have no grievance regarding the same. Hence, the prayer of the Applicant is rejected.

6. However, it the Applicant has still any grievance, we deem it appropriate to direct that if the Applicant makes a fresh representation with regard to correction of his Service Pension within a period of one month of receipt of a certified copy of this Order, the Respondents shall consider and examine the case of the Applicant within a period of six months thereafter as per extant rules/regulations and policies and the outcome thereof shall be intimated to the Applicant.

7. The OA is disposed off, accordingly. Pending Miscellaneous Application(s), if any, also stand disposed off.

8. No order on costs.

(SANJIV MITTAL)

(GOVERDHAN BARDHAR) MEMBER (A)

MEMBER (J)

Ssy/-