Armed Forces Tribunal
Ex Sgt Umesh Chandra Saxena vs UOI & Others on 24 March 2026
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**ARMED FORCES TRIBUNAL, REGIONAL BENCH, JAIPUR**
**10.**
**OA 88/2024 with MA 135/2024**
**Service No 268822 Ex Sgt Umesh Chandra Saxena, S/o Late Shri Shyam Behari Lal Saxena, Resident of Village & Post Bundi, Tehsil Bundi, District Bundi, Rajasthan**
**.... Applicant**
**Versus**
- **1. UOI, through the Secretary, Ministry of Defence, South Block, New Delhi – 110 011**
- **2. Chief of the Air Staff, Air HQ, New Delhi**
- **3. Dy CDA (Air Force), Subroto Park, New Delhi – 110 010**
**.... Respondents**
**For Applicant : Mr. Sunil Kumar, Advocate** **For Respondents : Mr. Pyare Lal, Senior Panel Counsel**
**CORAM:**
**HON'BLE MR. JUSTICE GOVERDHAN BARDHAR, MEMBER (J)** **HON'BLE MR. SANJIV MITTAL, MEMBER (A)**
**MA No 135/2024**
- **1. The applicant has filed this MA praying for condonation of delay of 42 years, six months and 19 days involved in filing the OA. The MA would be considered alongwith the OA.**
**OA No 88/2024**
- **2. Under Section 14 of the Armed Forces Tribunal Act 2007, the applicant has filed this OA praying for directing the Respondents to grant service pension for the rank of Sergeant wef 15/2/1981 with interest @12% per annum. He has also prayed for award of cost of the Application in his favour.**
3. Brief facts of the case as enunciated by the applicant are that the applicant was enrolled in the Air Force on 19/4/1965 and was discharged from service on 14/2/1981 in the rank of Sergeant (Sgt). While in service, the applicant was promoted to the rank of Sgt on 16/6/1980, holding the rank for a period of seven months and 29 days whereas pension of the applicant was granted for the rank of Corporal. Pension of the rank of Sgt was not granted to the applicant being not having 10 months' service in the rank of Sgt. The applicant submits that the issue has already been settled by orders passed by the Court/AFT and vide Order dated 09/2/2001 as amended vide Order dated 22/2/2001 of the Govt of India the condition of ten months' service in the rank to earn pension of that rank has been dispensed with even for pre 1996 retirees. In support of his arguments, the applicant has also placed reliance on the Order dated 29/8/2013 passed by this Tribunal in the case of Ex CPOAF Gena Ram Punia Vs UOI & ors. However, despite best efforts of the applicant, the Respondents paid heed to the plea of the applicant and hence, this OA.
4. The Respondents have filed a reply statement. While not disputing the basic facts, the Respondents have submitted that the applicant was discharged from service on 14/2/1981 after completion of 15 years and 302 days of qualifying service at his own request. He was granted service pension for the rank of Corporal (Cpl) wef 15/2/1981 for life. As per LR, the applicant was promoted to the rank of Sgt wef 16/6/1980 and retained the rank till his discharge date i.e., for a period seven months and 29 days. The minimum period to earn pension to the last rank held is 10 months and, hence, as per extant policies, the applicant was granted pension for the rank of Cpl which is in order. The Respondents further submitted that as per PCDA (P) Circular No 568 the applicant is entitled for revised service pension in the last rank held, ie, Sgt, wef 01/1/2006.
5. We have heard the counsels for the parties and perused the material placed on record.
6. The issue for grant of last rank held at the time of discharge from service, irrespective of duration of which it is held, is no longer res integra, as this Tribunal has settled umpteen number of such cases in the past. Moreover, Govt of India, Ministry of Defence, has also formulated a policy on the subject, wherein pre 1996 retirees are also eligible for grant of pension for last pay drawn in the last rank held wef 01/1/1996. During the course of hearing, Senior Panel Counsel for the Respondents has also conceded that the applicant is eligible for grant of pension based on pay drawn by him for the last rank held wef 01/1/1996. Therefore, it is clear that the applicant is eligible for grant of service pension based on last pay drawn in the last rank held, ie, Sgt, wef 01/1/1996 as he was discharged from service wef 14/2/1981.
7. In fine, the OA is allowed and Respondents are directed to grant service pension for the rank of Sgt held by the applicant at the time of his discharge wef 01/1/1996 for life and fix his pension with reference to last pay drawn by him in this rank. The arrears accruing out of this shall be paid to the applicant within a period of eight months from the date of receipt of a copy of this Order, failing which, the applicant shall be entitled to receive interest @6% pa till the date of its actual payment. Pension already paid to the applicant shall be adjusted from the arrears so arrived at.
- 8. OA is disposed off accordingly. No order on costs.
- 9. Pending application, if any, also stands disposed off.
Sd TXXX
ARCES गयः त
Sd I-XXX
(SANJIV MITTAL) MEMBER (A)
(GOVERDHAN BARDHAR) MEMBER (J)
cda/-