Armed Forces Tribunal
Ex Hav (ACP) Prakash Ram (Army) vs UOI & Others on 8 May 2026
**ARMED FORCES TRIBUNAL, REGIONAL BENCH, JAIPUR**
S/2...
**OA No 174/2022**
No-2992274L Ex Hav (ACP-1) Prakash Ram, S/o Shri Dharma Ram, R/o VPO-Dharma Dhara, Tehsil-Khetri, District-Jhunjhunu (Raj) – 333503
.... Applicant
Versus
1. 1. Union of India, Ministry of Defence, South Block, New Delhi – 110011 (Through its Defence Secretary)
2. 2. The PCDA (P), Draupadi Ghat, Allahabad (UP)-211014
3. 3. The Record Officer, Records The Rajput Regiment ..... Respondents PIN-900427, C/o 56 APO
For Applicant
For Respondents
: Mr. Budh Ram, Advocate
: Mr. Brij Bihari Sharma, Advocate
**CORAM**
**HON'BLE MR. JUSTICE GOVERDHAN BARDHAR, MEMBER (J)**
**HON'BLE MR. SANJIV MITTAL, MEMBER (A)**
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**ORDER**
**08.05.2026**
1. This Original Application has been filed by the Applicant under the provisions of Section 14 of the Armed Forces Tribunal Act, 2007, praying for the following reliefs:- (a) To direct the Respondents to step up service pension of the Applicant to Rs. 26,741/- (10405 x 2.57) wef 01.07.2018 to remove ultra-virus word pre-01.07.2014 and anomaly instead of pension to Rs. 21,950/- granted for Havildar ACP-1 (Nb Sub Grade), Group 'Y' for 26 years service in the interest of natural justice.
(b) The Hon'ble Tribunal may quash any letters or orders to avert in stepping up service pension of the Applicant wef 01.07.2018 in the interest of natural justice.
(c) The Hon'ble Tribunal may pass any such other and further order or orders as this Hon'ble Tribunal may deem fit and proper in the interest of justice and in the facts and circumstances of the case.
2. Brief facts of the case are that the Applicant was enrolled in the Army on 22.06.1992 and after rendering more than 26 years of qualifying service, he was discharged from Service on 30.06.2018 in Group 'Y' for which he was granted Service Pension @ Rs. 21,950/- pm wef 01.07.2018, ie., 50% of the last pay drawn in accordance with the policies. He is of the view that on implementation of 7<sup>th</sup> CPC wef 01.01.2016, after applying multiplication factor of 2.57, his Service Pension should have been fixed @ Rs. 26,741/- pm ( $10405 \times 2.57 = \text{Rs. } 26,741/-$ pm), whereas his Service Pension has been sanctioned @ Rs. 21,950/- pm only. As the Service Pension of pre-01.01.2016 retirees is higher than post 01.01.2016 retirees, this anomaly needs to be removed in the interest of natural justice. The Applicant further submits that Govt of India, vide their letter dt 07.11.2015 has implemented "One Rank One Pension" (OROP) Scheme for Armed Forces personnel wef 01.07.2014 which implies that uniform pension be paid to the Armed Forces Personnel retiring in the same rank with same length of service regardless of their date of retirement. Accordingly, Govt of India, vide their letter dt 03.02.2016 notified the OROP Scheme with provisions that the benefits of the scheme shall be implemented wef 01.07.2014 to all pre-01.07.2014 pensioners. The Applicant submits that the word "Pre 01.07.2014" is ultra-virus which needs to be quashed and set-aside. The Applicant made representation and issued Legal Notice for stepping up of his Service Pension as per the provisions of OROP and 7<sup>th</sup> CPC, but the Respondents paid no heed. Therefore, the aggrieved Applicant has filed present OA.
3. The Respondents have filed a detailed reply. While not disputing the basic facts presented by the Applicant, the Respondents have submitted that the 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. Further, the Applicant is also a post 01.01.2016 retiree and is covered under the provisions of 7<sup>th</sup> CPC. At the time of Final Settlement of Accounts, as per his Basic Pay (Rs. 38,700/-) and Military Service Pay (MSP) @ Rs. 5200/-, (Total Rs. 42,900/- pm), his Service Pension has correctly been fixed to Rs. 21,950/- pm wef 01.07.2018. In view of the aforesaid averments, the Respondents have reiterated that the OA is devoid of merit and deserves to be dismissed.
4. We have heard Counsels for both the parties and perused the material placed before us.
5. From the above, it is evident that that the OROP-I scheme is applicable to those pensioners who were discharged before 01.07.2014 and the OROP scheme is implemented after every five years wef 01.07.2014. The pension in OROP-I was fixed based on the average of live data of pension of the pensioners retired prior to 01.07.2014. Since the Applicant was discharged from Service on 30.06.2018, ie., after implementation of OROP-I policy wef 01.07.2014 and OROP-II shall be effective wef 01.07.2019, therefore, the provisions of OROP-I are not applicable to the Applicant. As regards contention of the Applicant to remove the distinction between the pre and post 01.07.2014, this being a policy matter and also the fact that the OROP scheme is implemented every five years, we are not inclined to interfere with the policy issued by the Government of India. The Service Pension has correctly been fixed by the Respondents @ 50% of the last pay drawn by the Applicant in terms of provisions of 7<sup>th</sup> CPC and the Service Pension of the Applicant must have been revised as per OROP-II Scheme wef 01.07.2019.
6. The OA is devoid of merit and, hence, is dismissed. Pending Miscellaneous Application(s), if any, also stand disposed off.
7. No order on costs.
SD/XXX (Left signature box) SD/XXX (Right signature box)
(SANJIV MITTAL) MEMBER (A)
(GOVERDHAN BARDHAR) MEMBER (J)
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