Ex WO Narayan Singh Mertia vs u on 21 May 2026

O R D E R

21.05.2026

1. Under Section 14 of the Armed Forces Tribunal Act 2007, the Applicant has filed present OA praying therein for directing the Respondents to pay Service Pension to the Applicant for the last rank of WO in Group ‘X’ wef 01.11.1999 and that the arrears be paid along with interest @ 8% per annum.

2. Brief facts of the case are that the Applicant was enrolled in the Air Force on 04.10.1970 in Group ‘X’ and after rendering more than 29 years of service, he wasDischarged from Service on 31.10.1999 in the rank of WO in Group ‘X’ which has been revised from time to time. The last rank of the Applicant in PPO has been mentioned as WO, however, he has been granted Service Pension for the rank of JWO. The Applicant was promoted to the rank of WO on 01.06.1999 beforehis retirement on 31.10.1999 however, the Applicant has been granted Service Pension for the rank of JWOon the grounds that the Applicant was not having10 months service in the rank of WO last held by him.The Applicant submits that vide GoI, MoD, letter No B/39013/AG/PS-4 (a&c)/131/A/D(Pen/Sers) dated 09/02/2001, the condition of 10 months service in the rank to earn pension of that rank has been dispensed with even for the pre 1996 retirees.In support of his claim, the Applicant has placed reliance on this Tribunal Order dt 28.02.2024 in OA No 565/2021 in the case of Ex MWO Prem Singh Gurjar Vs UOI & Orsand submitted that he is eligible for grant of Service Pension from his date of retirement for the last rank held by him.

3. The Respondents have filed a detailed Reply Statement and while not disputing the basic facts presented by the Applicant, they have submitted that in terms of Para 122 of Pension Regulations for the Air Force, 1961 (Part-1) and Govt of India, Ministry of Defence letter dt 22.11.1983, an individual’s pension is assessed in the lowest acting paid rank or substantive rank and lowest group held by him during the last ten months of his service qualifying for pension. Since the Applicant has held the rank of WO for a period of five months only, which is less than the minimum qualifying period of ten months for earning Service Pension, he is not eligible for grant of Service Pension for the rank of WO. Further, O/o CGDA vide their letter dt 13.05.2016 has clarified that in case last rank is held for less than 10 months, then in terms of Govt of India, Ministry of Defence letter dt 09.02.2001, pension of all pre-1996 retirees will be revised under 5th CPC on the basis of minimum of pay scale and this concept of minimum of pay scale is known as ‘modified parity’. If the pension is revised in the rank of WO, it will not be beneficial to the Applicant as the pension will be revised on minimum of pay scale for the rank of WO which is lesser than maximum pay scale of JWO. In view of the aforesaid averments, the Respondents have reiterated that the OA is devoid of merit and deserves to be dismissed.

4. We have heard Learned Counsels for both the parties and perused the material placed before us.

5. Relevant paragraphs of GoI, MoD letter 09.02.2001 read as under:- “I am directed to refer to this Ministry’s letter No 1(1)/99/D(Pen/Sers) dated 7.6.1999 as amended wherein Government had decided that w.e.f. 1.1.96 pension of all Armed Forces Pensioners, irrespective of their date of retirement shall not be less than 50% of the minimum of the revised scale of pay introduced w.e.f. 1.1.96. PCDA (P) Allahabad has not been giving the benefit of revision of pension under modified parity to those officers who have not hold their rank for last 10 months before retirement as per prevailing rules. However, there is no such stipulation in the Government Order under reference.

The matter has been reconsidered in consultation with O/o CGDA. It is clarified that pension of all pre-96 retiree Armed Forces Personnel will be revised on the basis of the rank/group last held by the individual and the revised pay scale connected thereto, even if the rank/group was held for less than 10 months before retirement. Such pension will be reduced proportionately if the qualifying service is less than 33 years. Other conditions to earn pension will continue to apply.”

6. Further, the issue involved in the instant case already stands settled by the Hon’ble Principle Bench of the Armed Forces Tribunal in the case of JWO Bharat Singh Khatana in TA No 339/2010, decided on 29/1/2010, wherein the Applicant was granted Pension of the last rank held by him, ie, of the rank of JWO. This Tribunal has also settled a similar case in the case of Gana Ram Punia in OA No 187/2013, decided on 29/8/2013 as also in the case of JWO Ashok Kumar Jain (Retd) Vs UOI and Others, in OA No 47/2022, decided on 11/1/2022. In the same case also, the Tribunal directed the Respondents to determine the Pension of the Applicant of the last rank held by him ie, the rank of CPO (AF) in the light of Govt of India, MoD letter dated 09/2/2001. In view of this, we are of the considered opinion that the Applicant is eligible for grant of Pension of the last rank held by him and on the basis of last pay drawn by him at the time of superannuation/discharge.

7. In-fine, the OA is allowed and the Respondents are directed to determine and grantService Pension of the Applicant as per the last rank pay drawn by him in the rank held by him ie, of the rank of WO,wef01.11.1999, ie., the date of discharge of the Applicant from Service.The arrears, if any,shall be paid to the

Applicant within a period of six months from the date of receipt of a certified copy of this Order, failing which the amount shall carry interest @6% pa till the actual date of payment. The amount already paid shall be adjusted accordingly.

8. The OA is ordered, accordingly. Pending Miscellaneous Application(s), if any, also stand disposed off.

9. No order on costs.

(SANJIV MITTAL)

(GOVERDHAN BARDHAR) MEMBER (A)

MEMBER (J)

Ssy/-