Armed Forces Tribunal
Ex Nk Bhaga Ram vs UOI & Others on 24 April 2026
ARMED FORCES TRIBUNAL, REGIONAL BENCH, JAIPUR
3.
OA 218/2024 with MA 333/2024
Army No 1591324P Ex Nk Bhaga Ram, S/o Shri Udda Ram, Resident of Village Jalandhar, Post Balesar Satta, Tehsil Balesar, District Jodhpur, Rajasthan – 342 023
…. Applicant
Versus
1.
UOI, through the Secretary, Ministry of Defence, Govt of India, New Delhi- 110 011
2.
The Chief Controller of Defence Accounts (Pension), Draupadi Ghat, Prayagraj, UP – 211 014
3.
The OIC, Records The Bombay Engineer Group, Kirkee, Pune –
411 003
…. Respondents
For Applicant
: Mr. Rameshwar Lal, Advocate
For Respondents
: Mr. Arun Kumar, Advocate
CORAM:
HON’BLE MR. JUSTICE GOVERDHAN BARDHAR, MEMBER (J)
HON’BLE MR. SANJIV MITTAL, MEMBER (A)
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O R D E R
24.04.2026
1. Under Section 14 of the Armed Forces Tribunal Act 2007, the Applicant has filed this OA praying for passing following Orders :- (a) Quash and set aside the impugned Order, if there be any; (b) Grant pension of last rank held, ie, pension of the rank of Naik with all consequential retiral benefits from the date of discharge of the applicant by issuing a Corrigendum PPO;
(c) Make payment of arrears with interest @12% per annum from due date till final payment is made.
(d) Pay costs of the litigations; and
(e) Any other appropriate orders(s)/direction(s) which this Hon’ble Tribunal deems just and proper in the facts and circumstances of the case may also be passed in favour of the applicant.
2. The Reply Statement filed by the Respondents in response to the OA, the Respondents have stated that the applicant was enrolled in the Army on 12/7/1965 and was discharged from service on 31/7/1985 on completion of his terms of engagement under Rule 13 (3) item III (i) of Army Rules 1954. He had rendered 20 years and 19 days of service and was granted service pension for the qualifying service. The applicant was promoted to the rank of Naik (Time Scale) wef 16/1/1984 and, thus, had rendered one year, six months and 16 days service in the rank of Naik (Time Scale). In terms of IHQ of MoD (Army) letter dated 10/10/1984, he is eligible for grant pension to the rank of Naik. Therefore, Record Office had approached PCDA (P) for issue of Corrigendum PPO for grant of pension for the rank of Naik, but no response has been received from them till date.
3. We have heard the counsels for the parties and perused the material on record.
4. It is seen from the documents on record that while in service, the applicant was promoted to the rank of Naik (Time Scale) on 16/1/1984 and had served for one year, six months and 16 days in the rank before being discharged from service on 31/7/1985 on completion of his terms of engagement under Rule 13 (3) Item III (i) of Army Rules, 1954. He had rendered 20 years and 19 days of service, but was granted service pension for the rank of a Sepoy (Spr) only, as per copy of PPO annexed with the Reply Statement. Since the applicant had served for more than one and a half years of service in the rank of Naik from which he was discharged from service, the Respondents have conceded that the applicant is eligible for grant of pension of the rank of Naik as per exant policy on the subject. As per the reply of Respondents, case of the applicant has also taken up with PCDA (P), but to no avail.
5. In view of the foregoing, Respondents and directed to finalise the case of the applicant in granting service pension for the rank of Naik to the applicant from the date of his discharge from service, within a period of four months from the date of receipt of a copy of this Order, failing which, the applicant shall be entitled to receive a cost of Rs 10,000/- (Rupees Ten Thousand only) from the Respondents.
6. The OA is disposed off accordingly, No order on costs.
7. Pending application, if any, also stands disposed off.
(SANJIV MITTAL)
(GOVERDHAN BARDHAR) MEMBER (A)
MEMBER (J)
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