Hony Nb Sub Mangal Singh (Retd) vs UOI & Others on 5 August 2026

O R D E R

05.08.2026 MA No 322/2023

1. MA No 322/2023 has been filed by the Applicant for amendment in the prayer. For the reasons stated in the Application, MA No 322/2023 is allowed and amended prayer is taken on record.

MA No 541/2022

2. MA No 541/2022 has been filed by the Applicant for condonation of delay in filing the OA. For the reasons stated in the OA, MA No 541/2022 is allowed and delay in filing the OA is condoned.

OA No 391/2022

3. Under Section 14 of the Armed Forces Tribunal Act 2007, the Original Applicant, Ex Hav (HonyNb Sub) Mangal Singh, had filed this OA praying for directing the Respondent to grant enhanced/additional basic pension @ 20% from 04.01.2022 with consequential benefits. During the pendency of the OA, the Original Applicant died on 22.10.2022 and the Applicant, SmtKishni, Widow of the Original Applicant taken on record vide this Tribunal Order dt 17.01.2023. Based on the MA No 322/2023 filed by the Applicant, the prayer for amendment in the OA was allowed today itself by this Tribunal and the prayer amended as “to grant enhanced basic pension with additional quantum @20% for lifetime of her husband and pay lifetime arrears to the Applicant for the period from 04.01.2022 to 22.10.2022 with all consequential benefits.

4. Brief facts of the case as enunciated by the applicant are that the Original Applicant was enrolled in the Army on 03.02.1962 and after rendering more than 22years Service, he was discharged from Service on 31.01.1984 for which he was granted Service Pension for life wef01.02.1984. The Original Applicant was born on 03.01.1943 and has completed 79 years of age on 02.01.2022and his 80th year of age has commenced wef03.01.2022. He further submitted that as per settled law additional pension @20% shall be admissible to pensioners from their 80 years to less than 85 years. However, due to an erroneous interpretation, the Original Applicant was not granted the benefit of additional pension @ 20% on completing the age of 79 years.In support of his arguments, the Original Applicant placed reliance onvariousjudgments, inter alia, Hon’ble Guwahati High Court Judgment dated 15/3/2018 in WP(C) No 4224/2016 in the case of VirendraDuttGyani Vs UOI &Ors as also in the Orders passed by the Principal Bench of the Armed Forces Tribunal. Having been aggrieved, the applicant has filed this OA, praying for relief.

5. The Respondents have filed a detailed Reply Statement and while not disputing the basic facts presented in the OA, they have submitted that the date of birth of the Original Applicant is 03.01.1943. In terms of Govt of India, Ministry of Defence letter dated 11.11.2008 and PCDA (P) Circular Nos397 dated 18.11.2008 and 417 dt 02.09.2009, additional pension @ 20% is admissible on attaining the age of 80 yearsonly.Therefore, the Original Applicant was admissible for grant of 20% enhanced additional pension wef02.01.2023on completion of 80 years of age on 02.01.2023. Learned Counsel for the Respondents reiterated that the issue has further been clarified by CGDA, New Delhi, vide their Circular No 5637/AT-V/Audit & Payment/Vol VII dated 20.10.2001, which clarifies that a person attains the age of 80 years only when he completes the age of 80 years and not when he completes the age of 79 years for his eligibility of getting the additional pension.Therefore, the OA filed by the Original Applicant praying for grant of enhanced pension @20% wef03.01.2022when he attained the age of 79 yearshas no merit and, the OA is liable to be dismissed.

6. We have heard the counsels for the parties and perused the material placed on record.

7. With regard to grant of additional pension, it is pertinent to observe that based on the Order dated 28.07.2009 in OA No 504 of 2009 passed by the Hon’ble Central Administrative Tribunal, Ernakulam Bench, the matter has been deliberated upon andvide OM No 38/48/09-P&PW(A) dated 27/8/2009, Govt of India, Ministry of Personnel, Public Grievances and Pensions, Department of Pension and Pensioners Welfare, has clarified that the additional quantum of pension/family pension @ 20% would be admissible on attaining the age of 80 years only and from the first day of the month in which the date of birth falls and not from the beginning of 80th year, ie., on completion of 79 years of age. Govt of India, Ministry of Personnel, PG & Pensions, Department of Pension and Pensioners’ Welfare vide Office Memorandum No F.No. 38/10(04)/2024-P&PW(A) (e10124) dt 18.10.2024 have reiterated that additional pension @ 20% shall be allowed only on completion of 80 years of age. Therefore, prayer of the applicant therein for grant of benefit of additional pension @ 20% on completion of the age of 79 years was rejected. Moreover, the issue was further reinforced vide Gazette of India, Extraordinary Notification dated 20.12.2021 issued by the Ministry of Law and Justice (Legislative Department) and Govt of India, Ministry of Defence, vide their letter No 17(01)/2017(02)/D (Pension/Policy) dated 05.09.2017 which categorically states that the additional pension @20% of Basic Pension would be admissible on attaining the age of 80 years and not on completion of 79 years and beginning of 80th year of age.

8. In view of the foregoing and since the entitlement of enhanced pension @20% is admissible to a pensioner on attaining the age of 80 years only, in terms of extant rules/regulations, we deem it appropriate to reject the prayer of the Applicant in this OA.However,incase anydevelopmentonthis issueis found to be beneficial to the Applicantbased on the Govt policy at a later date, the same shall be extended to the Applicant suomotu by the PDA.

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

10. No order on costs.

(SANJIV MITTAL)

(GOVERDHAN BARDHAR) MEMBER (A)

MEMBER (J)

Ssy/-