Smt Murti Devi wo Hony Capt Banshi Dhar (Army) vs UOI & Others on 16 September 2025

1. 1. UOI, through the Secretary, Ministry of Defence, South Block, Govt of India, New Delhi – 110 011

2. 2. The PCDA (P), Prayagraj, UP – 211 001

3. 3. The OIC Records, Rajput Regiment, PIN 900 427, c/o 56 APO

4. 4. Branch Manager, SBI, Khetri Nagar, District Jhunjhunu, Rajasthan

5. 5. The Branch Manager, SBI, CPPC, Chaura Rasta, Jaipur, Rajasthan 

सत्यमेव जयते

.... Respondents

For Applicant For Respondents

: Mr Yogendra Singh, Advocate : Mr Pradeep Mathur, Advocate, (R 1-3 ) : Mr. Raghav Pareek, Proxy for : Mr Yash Sharma, Advocate (R 4 & 5 )

**CORAM:**

**HON'BLE MR. JUSTICE GOVERDHAN BARDHAR, MEMBER (J) HON'BLE MR. SANJIV MITTAL, MEMBER (A)**


1. Under Section 14 of the Armed Forces Tribunal Act 2007, the Applicant, who is the widow of late Hony Captain Banshi Dhar, has filed this OA praying for directing the Respondents to revise the pension of her husband wef 01/1/2006 to 23/9/2012 as per policy dated 03/9/2015 and the arrears be paid alongwith interest @18% pa in favour of the applicant. Any other relief as applicable to the applicant may be granted by the Tribunal.

2. Brief facts of the case as enunciated by the applicant are that the husband of the applicant was enrolled in the Army on 20/6/1966 (*sic*) 20/1/1966 – as per copy of discharge book and PPO - and retired on 30/6/1996 in the rank of Hony Captain on active list. Husband of the applicant was granted service pension for the rank of 

Hony Captain based on their last pay drawn. Later on, Govt of India, Ministry of Defence vide their letter dated 03/9/2015 has issued a policy vide which basic pension of pre-2006 retiree Hony rank officers have been revised wef 01/1/2006. However, the relief has not been paid to the applicant as entitled to her till date. Having been aggrieved by the action of the Respondent PDA, the applicant has filed this OA, praying for relief.

3. The Respondents, vide their Reply Statement, while not disputing the basic facts, have submitted that the late husband of the applicant was discharged from service on 31/10/1989 (*sic*)/30/6/1996 under Rule 13 (3) (i) (a) and was granted service pension for the qualifying service. Husband of the applicant was granted Honorary Lieutenant on 15/8/1995 and Hony Captain on the occasion of Republic Day 1996. Accordingly, husband of the applicant was granted service pension @Rs 1700/- pm. As per recommendations of 6^th CPC, Govt of India, Ministry of Defence vide their letter dated 11/11/2008, Annexure R/2, revised the pension of all pensioners wef 01/1/2006. Accordingly, as per Annexure III to Para 16.3 of ibid Govt of India letter, service pension of late husband of the applicant was to be revised by the Pension Disbursing Agency. Further, vide Para 14.1 of PCDA (P) Circular No 397 dated 18/11/2008, Annexure R/3, the Govt has authorised the PDA to pay pension/family pension to existing pensioners/family pensioners at the consolidated rates of Para 4.1 and Para 5 of the Ministry's letter dated 11/11/2008 without any further authorisation from the concerned Pension Sanctioning Authority. Based on the Judgment of Hon'ble Apex Court dated 06/5/2015, in Civil Appeal No 545/2013 in the case of UOI & Ors Vs Kartar Singh, in which a bunch of Civil Appeals were dismissed by the Hon'ble Apex Court, Govt of India, Ministry of Defence letter dated 03/9/2015 has extended the benefit of revised pension to pre 01/1/2006 retirees who had been granted the Honorary rank of Lt and Capt on active list wef 01/1/2006. In this regard, PCDA (P) has also issued a Circular No 547 dated 11/9/2015 authorising the PDA to step up pension/family pension of all the affected pre 2006 pensioners.

4. Counsel for the Respondents PDA 4 & 5 have also filed their Reply Statement during the course of hearing, which is taken on record.

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

6. Perusal of reply filed by the Respondents PDA reveal that arrears amounting to Rs 2,37,864/- accruing to the applicant has been paid on 02/1/2019. Contra, Counsel for the applicant, while conceding to the submission of the Respondent PDA about the arrears having been paid to the applicant, submits that the interest part applicable for the delay involved in paying the arrears has not been paid to the applicant in terms of rules/policy of the Reserve Bank of India on the subject. Perusal of the record further reveals that despite explicit directions issued by the Govt of India, Ministry of Defence and by various Circulars issued by the PCDA (P) with regard to revision of pension to pre-2006 retiree honorary rank officers wef 01/1/2006 suo motu by the PDAs concerned, the PDA in this case had not taken any tangible steps in adhering to the policy formulated therein and granting relief to the affected applicant on time. The Respondents PDA has filed their Reply Statement during the final hearing held on 16/9/2025 about the relief having been granted to the applicant on 2/1/2019 itself once this anomaly was brought to their notice through the OA filed by the Applicant in November, 2018. Since the applicant was also at fault for not taking up the matter in time with the PDA for revising her Family Pension and filed an OA No 801/2018 in November, 2018 and since the Family Pension was revised and the payment of arrears was done on 02/1/2019, ie, immediately after the OA was filed, we are of the considered view that the applicant is not entitled for interest for the delayed payment in terms of rules/policy issued by the Govt of India/Reserve Bank of India, as she herself was negligent in asking for revision of Family Pension as due.

7. The OA is disposed off accordingly as infructuous, the benefit having been granted to the Applicant. No order on costs.


OA 801/2018 with MA 923/2018 Smt Murti Devi, Wd/o Late Hony Capt Banshi Dhar

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


**(SANJIV MITTAL)** **MEMBER (A)**


**(GOVERDHAN BARDHAR)** **MEMBER (J)**

सत्यमेव जयते

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