Ex Sep Jala Ram vs UOI & Others on 14 July 2026

1. 1. The Union of India, through the Secretary, Ministry of Defence, Govt of India, DHO Post New Delhi-110011

2. 2. The Chief Controller of Defence Accounts (Pension), Draupadi Ghat, Allahabad (UP) - 211014

3. 3. The OIC Records, Records The Grenadiers, Jabalpur (MP) -908776, C/o 56 APO

.... Respondents

For Applicant : Mr. Rameshwar Lal, Advocate For Respondents : Mr. Anil Bharadwaj, Advocate सत्यमेव जयते

**CORAM**

**HON'BLE MR. JUSTICE GOVERDHAN BARDHAR, MEMBER (1)** **HON'BLE MR SANJIV MITTAL, MEMBER (A)**


1. Under Section 14 of the Armed Forces Tribunal Act 2007, the Applicant has filed this OA praying for directing the Respondent to grant enhanced/additional basic pension with additional quantum @20% and 30% on completion of 79^th year and 84^th year wef 01.07.2014 and 01.07.2019 respectively with consequential benefits and pay the arrears along with interest @ 9% per annum.

यतो न्यायः ततो जयः

2. Brief facts of the case as enunciated by the applicant are that the applicant was enrolled in the Army on 21.04.1953 and after rendering more than 15 years of combined Colour and Reserve Service, he was discharged from Service on 14.06.1968 for which he has been granted Reservist Pension for life wef 15.06.1968. The Applicant was born on 01.07.1935 and has completed 79 years of age on 30.06.2014 and his 80^th year of age has commenced wef 01.07.2014. 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 applicant has not been granted the benefit of additional pension @ 20% and 30% on his completing 79 and 84 year respectively. In support of his arguments, the applicant has placed reliance on various judgments, inter alia, Hon'ble Guwahati High Court Judgment dated 15/3/2018 in **WP(C) No 4224/2016 in the case of Virendra Dutt Gyani 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.

3. 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 applicant is 01.07.1935. In terms of Govt of India, Ministry of Defence letter dated 11.11.2008 and PCDA (P) Circular Nos 397 dated 18.11.2008 and 417 dt 02.09.2009, additional pension @ 20% is admissible on attaining the age of 80 years only. Further, additional pension @ 30% is admissible on attaining the age of 85 years only. Therefore, the applicant is admissible for grant of 20% enhanced additional pension wef 01.07.2015 on completion of 80 years of age on 30.06.2015. Similarly, additional pension @ 30% is admissible wef 01.07.2020 on completion of 85 years of age on 30.06.2020. 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 Applicant praying for grant of enhanced pension @ 20% wef 01.07.2014 when he attained the age of 79 years and @ 30% wef 01.07.2019 when he attained the age of 84 years has no merit and the OA is liable to be dismissed.

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

5. 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 and vide 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 80^th 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 80^th year of age.

6. 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, in case any development on this issue is found to be beneficial to the Applicant based on the Govt policy at a later date, the same shall be extended to the Applicant suo motu by the PDA.

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

8. No order on costs.

SDI-XXX

(SANJIV MITTAL) MEMBER (A)

SDI-XXX

(GOVERDHAN BARDHAR) MEMBER (J)

Ssy/-