Lt Col (Retd) Jaswant Singh (Army) vs UOI & Others on 20 August 2025

O R D E R

20.08.2025

1. By way of this Application under Section 14 of the Armed Forces Tribunal Act 2007, the Applicant has prayed for the following reliefs:- (a) That the Application of the Applicant be allowed and the Pension of the Applicant in the retiring rank of Lt Col be re-fixed by taking into account the last pay drawn by him at the time of retirement, corresponding to the notional pay in the pay scales initiated by the 6th CPC.

(b) Direct the Respondents to fix pension of Applicant in terms of judgment of Hon’ble Apex Court in the case of UOI & Ors Vs SPS Vains & Ors by considering the Applicant at par with post 01.01.2006 retirees for pension fixation in the corresponding rank.

(c) That the arrears of pension be paid along with 12% interest per annum.

(d) Any other relief which the Hon’ble Tribunal considers appropriate in the matter may be passed in favour of Applicant.

2. Brief facts of the case are that the Applicant was commissioned in the Army on 13.06.1971 and after rendering 33 years, 2 months and 18 days of service, he was discharged from Service on 31.08.2004 in the rank of Lt Col. At the time of his retirement, he was in pay scale of Rs. 13500-400-17100 as per 5th CPC. As per qualifying service of more than 33 years, he was granted Service Pension @ Rs. 14,025/- pm vide PPO dt 30.07.2004, ie., based on Basic Pay Rs. 17,100/- + Rs. 9350/- (DP) + Rs 1600/- (Rank Pay) = Rs. 28,050/- (average emoluments for last ten months). Govt of India, vide letter No 45/10/98-P&PW (A) dt 17.12.1998 directed that wef 01.01.1996, pension of all pensioners irrespective of their date of retirement shall not be less than 50% of the minimum pay in the revised scale of pay introduced wef 01.01.1996 of the post last held. Thereafter, on implementation of 6th CPC, Govt of India vide letter No 17(4)/2008 (1) (Pen/Policy) dt 11.11.2008 directed that the consolidation of pension will further be subject to the condition that consolidated pension, in no case shall be lower than 50% of the minimum of the pay in the pay band plus the grade pay corresponding to the pre-revised scale from which the pensioner had retired/ discharged, including the military service pay (MSP) and Group Pay, where applicable. The Applicant submits that the fundamental anomaly is that on implementation of 6th CPC, the pension of pre 01.01.2006 retiree was to be fixed at the minimum of pay in the pay band as invoked in the 6th CPC and not the minimum of pay band. If the minimum of pay band is granted than his all the benefits of long service of 33 years get automatically eliminated, and sure that was not the intention of Hon’ble Central Pay Commission nor of the Govt of India. Obviously the fixation ought to be comparative pay band scales as per last pay scales of the 5th CPC. The Applicant had the benefit of full pensionary service of 33 years and was at the pay scale of Rs. 17,100/- plus rank pay at the time of retirement. Therefore, correspondingly he ought to have been fixed at the pay band of his service and 5th CPC pay scales which comes to Rs. 30,025/- pm instead of Rs. 26,265/- pm. The revised tables have been made effective wef 01.01.2006 vide PCDA (P) Circular No 548 dt 11.09.2015. As the Service

Pension of the Applicant has been fixed at lower scale wef 01.01.2006, the subsequent revision of Service Pension on implementation of 7th CPC wef 01.01.2016 has also been made at lower scale. In support of his claim, the Applicant has placed reliance on Hon’ble AFT (PB), New Delhi Order in the case of PK Kapur Vs UOI & Ors in OA No 139/2009. The Applicant further submits that Hon’ble Supreme Court judgment in the case of UOI & Ors Vs SPS Vains, (2008) 9 SCC 125 has put an end to such distinction between pre and post retirees and directed that no separate guidelines could be laid down to create an artificial distinction. The Applicant made representations for re-fixation of his pension, but to no avail. Therefore, the Applicant has filed present OA.

3. The Respondents have filed a detailed reply and while not disputing the basic facts presented by the Applicant, they have submitted that the Service Pension of the Applicant has correctly been fixed @ Rs. 26,265/- pm in terms of Govt of India letter No 1(11)/2012-D (Pen/Policy) dt 17.01.2013 and 1(04)/2015(1)-D (Pen/Policy) dt 03.09.2015. On implementation of 6th CPC wef 01.01.2006, the pension of the Applicant has been fixed in the pay band corresponding to minimum of pre revised pay scale as indicated under fitment tables with SAI 2/S/2008. In order to consider various issues on pension of Armed Forces personnel and Ex-Servicemen, the Government had constituted a Committee of Secretaries headed by Cabinet Secretary, which in its report recommended that the minimum guaranteed pension/ordinary family pension of pre-2006 retiree commissioned officers/family pensioners should be determined with reference to minimum of the fitment table for the rank in the revised pay structure issued for implementation of recommendations of Sixth CPC instead of the minimum of the pay band. Accordingly, the Service Pension of the Applicant has been fixed @ Rs. 26,265/- pm wef 01.01.2006 in terms of PCDA (P) Circular No 500 dt 24.09.2012 and 568 dt 13.10.2016 after delinking of qualifying service. The prayer of the Applicant for revision of Service Pension @ Rs. 30,025/- pm wef 01.01.2006 is misplaced and not supported by any existing orders on pension. The cases of Lt Cok PK Kapur and SPS Vains (Supra) have no relevance in the present case. The OA is devoid of merit and deserves to be dismissed.

4. During the course of arguments, proxy Counsel for the Applicant submitted that the case may be remanded back to the Respondents for their reconsideration in terms of GoI, MoD letter dt 17.01.2013 and 03.09.2015.

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

6. The provisions for grant of minimum guaranteed pension to pre-2006 retiree commissioned officers/ family pensioners wef 24.09.2012 were issued vide Govt of India, Ministry of Defence letter No 1(11)/2012-D (Pen/Policy) dt 17.01.2013, the relevant paragraphs of which reads as under:- “1. xxxxxxx

2. “In order to consider various issues on pension of Armed Forces personnel and Ex-Servicemen, the Government had constituted a committee of secretaries headed by Cabinet Secretary. The Committee in its Report have recommended that the minimum guaranteed pension/ordinary family pension of pre-2006 retiree Commissioned Officers pensioners / family pensioners should be determined with reference to minimum of the fitment table for the rank in the revised pay structure issued for implementation of recommendations of Sixth CPC instead of the minimum of the pay band.

3. The above recommendation of the Committee has been accepted by the Government and the President is pleased to decide that with effect from 24th September 2012, the minimum guaranteed pension and ordinary family pension in respect of pre- 2006 Commissioned Officers pensioners / family pensioners shall be determined as fifty and thirty percent respectively of the minimum of the fitment table for the rank in the revised pay band as indicated under fitment tables annexed with SAI 2/S/2008, as amended and equivalent instructions for Navy and Air Force and SAI 4/S/2008, plus the Grade Pay corresponding to the pre-revised scale from which the pensioner had retired/discharged/invalided out/ died, including Military Service Pay, wherever applicable. It has also been decided that with effect from 24th September 2012 the minimum guaranteed pension and ordinary family pension in respect of pre-1996 EC/SSC pensioners/family pensioners shall be determined as fifty and thirty percent respectively, of the pay in the pay band corresponding to the pre-revised pay of Rs. 10,500/- (in terms of Para 9(a)(i) of SAI 1/S/2008 as amended and equivalent instructions for Navy & Air Force) plus the Grade Pay of Rs. 5400 and Military Service Pay of Rs. 6000/-.

4. Accordingly, revised tables indicating minimum guaranteed pension/ ordinary family pension has been annexed as Annexure A (for pensioners of Regular Commission other than AMC/ADC/RVC/TA/MNS),………………….. to this letter. Pension Disbursing Authorities are hereby authorized to step up the pension/ family pension of the affected [re-2006 pensioners where the existing pension being paid to the pensioners in terms of this Ministry’s above quoted letter dt 11.11.2008, as amended, is less than the rate of

pension indicated in above said annexures. Necessary implementation instructions to all concerned shall be issued by Principal CDA (Pensions) Allahabad on receipt of these orders.

5 to 7. xxxxxx.”

7. The date of implementations of orders issued vide Govt of letter dt 17.01.2013 has been amended to 01.01.2006 instead of 24.09.2012 vide Govt of India letter No 1(04)/2015(1)-D(Pen/Pol) dt 03.09.2015, the relevant paragraphs of which reads as under:- “2. The above minimum guaranteed pension was revised, vide GOI, MOD letter No 1(11)/2012/D(Pe/Pol) dt 17.01.2013 with effect from 24.09.2012, at the rate of minimum of fitment table for the Rank in which the revised pay band as indicated under fitment table annexed with SAI 2/S/2008 and SAI 4/S/2008, as amended, plus Grade Pay corresponding to the pre-revised scale from which the pensioner had retired/discharged/ invalided out/died including Military Service Pay.

3. Now, after issue of GoI, Ministry of Personnel, PG & Pensioners, Department of Pensions & Pensioners Welfare OM No 38/37/08-P&PW (A) dt 30.07.2015, it has been decided that the pension/family pension of all pre-2006 pensioners / family pensioners may be revised in accordance with Para 2 with effect from 01.01.2006 instead of 24.09.2012.

4. In case the consolidated pension/ family pension calculated as per Para 4.1 of this Ministry’s letter No 17(4)/2008(1)/D(Pen/Pol) dt 11.11.2008 is higher than the pension/ family pension calculated in the manner indicated above, the same (higher consolidated pension/ family pension) will continue to be treated as basic pension/family pension.

5. Accordingly, revised tables indicating minimum guaranteed pension/ ordinary family pension for Indian Commissioned Officers which is annexed with GOI, MOD letter No 1(11)/2012/D(Pen/Pol) dt 17.01.2013, shall be effective with effect from 01.01.2006 instead of 24.09.2012. Pension Disbursing Authorities are hereby authorized to step up the pension/ family pension of the affected pre-2006 pensioners/ family pensioners with effect from 01.01.2006 instead of 24.09.2012 and arrear of pension/ family pension will be paid.”

8. In the present case, the Applicant was discharged from Service on 31.08.2004 and being a pre-2006 retiree, his service pension has been fixed @ Rs. 26,265/- pm wef 01.01.2006. As per Annexure A of the table issued vide GoI, MoD letter dt 17.01.2013, the minimum guaranteed pension for the rank of Lt Col with 30 years and above service is Rs. 26,265/- pm. Therefore, the Applicant is not entitled for revision of service pension @ 30,025/- pm.

9. However, taking note of overall facts and circumstances of the case and also the prayer of the proxy Counsel for the Applicant to remand the case back to the Respondents for their reconsideration, we direct the Respondents to re-consider the case of the Applicant in the light of GoI, MoD letters dt 17.01.2013 and 03.09.2015 within a period of four months from the date of receipt of a certified copy of this Order and the outcome thereof, be intimated to the Applicant.

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

11. No order on costs.

(SANJIV MITTAL)

(GOVERDHAN BARDHAR) MEMBER (A)

MEMBER (J)

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