Ex Hav & Hony Nb Sub Hemraj Singh vs UOI & Others on 5 February 2026

O R D E R

05.02.2026 MA No 332/2024

1. The applicant has filed this MA praying for condonation of delay of four years, seven months and four days involved in filing the OA. Taking into consideration the reasons advanced therein, the delay is condoned and MA is disposed off.

OA 217/2024

2. Under Section 14 of the Armed Forces Tribunal Act 2007, the applicant has filed this OA praying for directing the Respondents to step up/fix correct pension of the applicant @Rs 23,750/-, post implementation of OROP 2 with all consequential benefits wef 01/7/2019 by issuing a Corrigendum PPO. He had also prayed for grant of interest @12% pa from the due date, ie, 01/7/2019 till final date of payment alongwith cost of litigation.

3. Vide Reply Statement, the Respondents have submitted that the applicant was enrolled in the Army on 13/8/1955 and was discharged from service on

30/6/1980 under Rule 13 (3) Item III (i) of Army Rules, 1954, on completion of terms of engagement/service limit. He was granted Honorary rank of Nb Sub after his discharge from service wef 01/7/1980. Based on the earlier OA No 98/2011 of the applicant before this Tribunal praying for grant of service pension in the rank of Nb Sub in terms of Govt of India, Ministry of Defence letter dated 12/6/2009, vide Order dated 15/12/2011 of this Tribunal, the applicant was granted service pension of Rs 7750/- for the rank of Hony Nb Sub vide PPO dated 04/12/2012. Respondents have conceded that the applicant was not getting the correct pension of Rs 23,750/- with DA as admissible in terms of circular No 666 dated 20/1/2023 and accordingly, the case was taken up with PCDA (P) for grant of correct rate of pension as entitled to him vide Record Office letter dated 11/7/2024 under intimation to the applicant.

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

5. During the course of hearing, counsel for the applicant submits that the anomaly in the pension of the applicant has been rectified and he is in receipt of pension as due to him, but he is entitled for interest due to delay in granting his legitimate dues wef 01/7/2019, for which he has vehemently prayed. Counsel for the Respondents also submits that the applicant is in receipt of correct pension and nothing remains to be done in this matter. Pension Slip for the month of Jan 2024, annexed at Annexure A/5 of the OA, also reveals that the applicant’s pension has been fixed at Rs 23,750/-.

6. Having heard and perused the material on record, we are of the considered view that relief as prayed for by the applicant has already been granted to him, thus, rendering the OA infructuous. However, with regard to the fervent plea of the counsel for the applicant for grant of interest for the delayed payment the counsel for the applicant could not inform the quantum of delay in the matter. Accordingly, it is directed that in case the applicant submits a fresh Representation to the competent authority in this regard, within a period of one month from the date of receipt of a copy of this Order, the Competent Authority, shall look into the case positively and take a decision in the matter, in accordance with extant provisions within a further period of four months. The outcome thereof may be intimated to the applicant.

7. The OA is dismissed as infructuous. File be consigned to record.

8. Pending application, if any, also stands disposed off.

(SANJIV MITTAL)

(GOVERDHAN BARDHAR) MEMBER (A)

MEMBER (J)

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