Armed Forces Tribunal
Ex Sub Naresh Kumar vs UOI & Others on 6 February 2026
ARMED FORCES TRIBUNAL, REGIONAL BENCH, JAIPUR
14.
OA 233/2024
JC-383548A Ex Sub Naresh Kumar, S/o Shri Arjun Ram, Resident of Village and Post Balonda, Tehsil Chirawa, District Jhunjhunu, Rajasthan
…. Applicant
Versus
1.
UOI, through the Secretary, Govt of India, Ministry of Defnce, New Delhi
2.
The PCDA (P), Draupadi Ghat, Prayagraj, UP – 211 014
3.
The Officer in Charge, Records The Signals, PIN 908 770, c/o 56
APO
4.
PAO (OR), Corps of Signals, Ridge Road, Jabalpur, MP – 482 001
…. Respondents
For Applicant
: Mr. Dhura Ram, Advocate
For Respondents
: Mr. Pyare Lal, Advocate
Major Vishi Singh, OIC Legal Cell, HQ 61 Sub
Area
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
06.02.2026
1. Under Section 14 of the Armed Forces Tribunal Act 2007, the Applicant has filed this OA praying for directing the Respondents to fix his correct basic pay by giving one more increment on promotion to the rank of Naik wef the date of promotion to the rank of Naik wef 01/8/2005 or wef 01/10/2005 as his then junior, Naik Jaidev, was given two increments on promotion to the rank of Naik on 01/10/2005. Further, subsequent fixation of his basic pay on his further promotion to the rank of Havildar, Nb Sub and Subedar be made after correct fixation of his basic pay on promotion to Naik. He had also prayed for directing the Respondents to fix his correct basic pay and service pension and the consequential benefits of correct basic pay and service pension on DCRG, commuted portion of pension and leave encashment be paid alongwith interest @12% per annum from the date the amount was payable till its payment is made.
2. Vide Reply Statement, the Respondent have submitted that the applicant was enrolled in the Army on 28/4/1994 and was discharged from service wef 30/4/2024 under Rule 13 (3) item III (i) (a) on completion of his service tenure. He had rendered 30 years and three days of service and is in receipt of service pension for the qualifying service. While in service he was promoted to the rank of Naik wef 01/8/2005, Havildar wef 01/4/2008, Nb Sub wef 01/4/2014 and Subedar wef 01/6/2017. The applicant was eligible for promotion to the rank of ACP I (Naik Scale) wef 16/2/2005. However, in terms of Army HQ Policy letter dated 29/9/2003, willingness certificate for further promotion is required to be submitted but the applicant did not submit mandatory willingness certificate for further promotion to the next rank. Hence, he was not considered for grant of ACP I, Naik Grade, wef 16/2/2005. Later, he was promoted to the rank of Naik wef 01/8/2005. On review of such cases, it has been found out that there were 1577 cases whereindividuals had not submitted their willingness certificate in accordance with laid down Army HQ Policy. Subsequently, Signals Records processed the case with Line Directorate for obtaining time barred sanction for grant of waiver for willingness certificate and time barred limit for publication of ACP I (Naik Grade). However, Director General, Signals had turned down the case as no provision existed to give waiver for such certificate, either in Govt of India Policy or in the administrative instructions issued by Army HQ. Post filing of the OA, Record office had once again taken up issue with PAO (OR) Signals.
3. Thereafter, the Respondents, on 28/1/2025, filed an additional affidavit in this case and based on the clarifications received from the PAO (OR), Signals, it was stated that case of the applicant has been examined afresh and since his promotion to the rank of Substantive Naik came into effect on 01/8/2005, which was earlier to his regular increment date, hence, his pay was fixed at Rs 3850/- from 01/8/2005 and consequently, his pay was fixed in 6th CPC @Rs 7270/- wef 01/1/2006. Whereas in the case of his junior, his promotion date and increment date both were on 01/10/2005. Accordingly, he was first given the benefit of regular increment and then because of his promotion,he was given the benefit of another increment, and, hence, thus due to grant of two increments, his pay was fixed at Rs 3935/- and consequently in the 6th CPC his pay was fixed at Rs 7490/- . Based on these facts, this became a the case of step up of pay in respect of the applicant and accordingly, PAO (OR) had asked the Records, The Signals to publish the DO Part II for step up of pay of the applicant at Rs 7490/- wef 01/1/2006. Accordingly, DO Part II dated 30/11/2024 granting Rs 7490/- wef 01/1/2006 to the applicant has been published and the applicant would be paid the consequential benefits in due course of time, Annexure R/4.
4. We have heard the counsels for the parties and perused the material on record.
5. In view of the foregoing and since adequate steps have already been taken by the Record Office in stepping up the pay of the applicant at par with his Junior, we find that the grievance of the applicant has been suitably addressed by the Respondents, rendering the OA infructuous. However, we deem it appropriate to direct the Respondents to re-examine the case of the Applicant with reference to his grievance in the OA and to pay the consequential benefits to the applicant within a period of four months from the date of receipt of a copy of this Order, if not already done.
OA No 233/2024 filed by JC-383548A Ex Sub Naresh Kumar
6. The OA is accordingly disposed off. File be consigned to record.
7. Pending application, if any, also stands disposed off.
(SANJIV MITTAL)
(GOVERDHAN BARDHAR) MEMBER (A)
MEMBER (J)
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