Armed Forces Tribunal
Ex Hav Sanjay Kumar Kulhari vs UOI & Others on 7 May 2026
**ARMED FORCES TRIBUNAL, REGIONAL BENCH, JAIPUR**
19.
**OA 212/2024 with MA 325/2024**
**Army No 15160868L Ex Hav Sanjay Kumar Kulhari, S/o Shri Banwari Lal, Resident of Village and Post Bishanpura, Tehsil & District Jhunjhunu, Rajasthan – 333 021**
.... Applicant
**Versus**
1. 1. UOI, through the Secretary to the Govt of India, Ministry of Defence, South Block, New Delhi
2. 2. PCDA (P), Prayagraj, UP
3. 3. The OIC Records, Artillery Records, Nasik Road Camp, Nasik, Maharashtra
.... Respondents
**For Applicant
For Respondents**
**: Mr. Sunil Kumar, Advocate
: Mr. Pyare Lal, Senior Panel Counsel**
**CORAM:**
**HON'BLE MR. JUSTICE GOVERDHAN BARDHAR, MEMBER (J)
HON'BLE MR. SANJIV MITTAL, MEMBER (A)**
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**ORDER
07.05.2026**
**MA No 325/2024**
1. 1. The applicant has filed this MA praying for condonation of delay of 29 days involved in filing the OA. The delay is condoned and MA is disposed off accordingly.
**OA 212/2024**
1. 2. Under Section 14 of the Armed Forces Tribunal Act 2007, the applicant has filed this OA praying for directing the Respondents to grant increment payable on 01<sup>st</sup>.January 2024 and pension and pensionary benefits of the applicant be released accordingly.
3. Brief facts of the case as enunciated by the applicant are that the applicant was enrolled in the Army on 10/1/2003 and was discharged from service wef 31/12/2023 after serving for 20 years, 11 months and 22 days. Further, the applicant was discharged from service on 31/12/2023 and was due for increment on 01<sup>st</sup> January 2024, when the applicant was not in service whereas the applicant had completed one year mandatory service required to earn annual increment. After implementation of 6<sup>th</sup> CPC, it was decided that first July and first January of each year would be the uniform date of implementation of annual increment to all Central Govt employees and they will qualify for grant of annual increment only the next year. With regard to the prayer, the applicant has placed reliance on the judgment passed by the Hon'ble High Court of Madras in the case of P Ayyamperumal Vs UOI & Ors, in Writ Petition No 15732/2017 and the SLP filed by the Union of India against the order passed by the Madras High Court was rejected by the Hon'ble Apex Court. However, the applicant has not been granted the relief as prayed for and, hence, this OA.
4. The Respondents have filed a reply statement. While not disputing the basic facts, the Respondents have stated that the applicant was discharged from service on 31/12/2023 under Rule 13 (3) item III (i) (a) of Army Rules 1954. The Respondents have conceded that as per directions of the competent authority, all Court orders related to grant of One notional increment to the retired personnel, who have been retired from service on 30 Jun/31 Dec have already been forwarded to IHQ of MoD (Army), Artillery 10, for examination/implementation of Govt sanction/necessary directions. Respondents have also raised objection with regard to maintainability of this OA on the ground that the OA filed after expiry of period provided under law and no reason has been assigned for condonation of delay involved.
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5. We have heard the counsels for the parties and perused the material on record.
6. The issue with regard to grant of notional increment to retired personnel who have been discharged from service on 31 December/30 June is no longer res integra with the Judgment passed by the Hon'ble Apex Court in this regard and the policy framed by the Govt of India post passing of Judgment on the issue. Moreover, with the the issue of comprehensive guidelines by the Govt of India, Ministry of Personnel, Public Grievances & Pensions, Department of Personnel and Training, Office Memorandum No 19/116.2024-Pers.Pol. (Pay)(Pt) dated 14/10/2024, the issue has also been settled for once and for all.
7. In view of the foregoing, we deem it appropriate to remit the case back to the Respondents to reconsider grant of one notional increment alongwith consequent benefits to the applicant upon his discharge from service in terms of Hon'ble Apex Court Order in this matter subject to verification of the qualifying service of one year of the applicant. We expect the Respondents to take a decision in this matter in accordance with the policy framed on the issue by the Govt of India within a period of six months from the date of receipt of a copy of this Order. The outcome thereof shall be intimated to the applicant.
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OA 212/2024 with MA 325/2024 Army No 15160868L Ex Hav Sanjay Kumar Kulhari
- 8. The OA is disposed off accordingly. No order on costs.
- 9. Pending application, if any, also stands disposed off.
SDT XXX
(SANJIV MITTAL) MEMBER (A)
SDT XXX
(GOVERDHAN BARDHAR) MEMBER (J)
cda/-