Armed Forces Tribunal
Hony Nb Sub Mahendra Singh (Army) vs UOI & Others on 2 September 2025
OA No 27/2020 Hony Nb Sub Mahendra Singh Vs UOI & Ors ARMED FORCES TRIBUNAL, REGIONAL BENCH, JAIPUR
1.
OA No 27/2020 with MA No 629/2019
No-1033736H Hony Nb Sub Mahendra Singh, S/o Late Sh. Narain Singh, R/o Vill-Dhani Kanchanpur via Sri Madhopur, District-Sikar (Raj)
.… Applicant
Versus
1.
The Union of India, through the Secretary Ministry of Defence, South Block, Govt of India, New Delhi-110011
2.
The PCDA (P), Allahabad (UP)
3.
The OIC Records, Records The AEC,
PIN-908777, C/o 56 APO
…. Respondents
For Applicant
: Ms. Anjali Minocha, Advocate, Proxy for Mr. SB Singh, Advocate For Respondents : Mr. Pyare Lal, Advocate, Proxy for Mr. Shree Narayan Swami, 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
02.09.2025
1. By way of this Application under Section 14 of the Armed Forces Tribunal Act 2007, the Applicant has prayed for directing the Respondents to revise his Service Pension @ Rs. 9382/- pm wef 01.07.2009 and subsequent revisions as applicable to the rank of Naib Subedar and that the arrears be paid along with interest @ 12%.
2. During the course of hearing, proxy Counsel for the Applicant prayed to decide the case of the Applicant in terms the decision of the Larger Bench of Hon’ble Principal Bench of Armed Forces Tribunal dated 20.03.2024 in OA No 589/2019 in the case of Hony Nb Sub Ram Kishan Vs UOI & Ors.
3. The issue for grant of pension as per the scales of regular Naib Subedar has since been settled by the Larger Bench of Hon’ble Principal Bench of Armed Forces Tribunal in the case of Hony Nb Sub Ram Kishan (Supra), the relevant portion of which reads as under:-
OA No 27/2020 Hony Nb Sub Mahendra Singh Vs UOI & Ors “(a) A pre-2006 retiree Hony Nb Sub is entitled to the pension of a Hony Nb Sub as promulgated vide MoD Notification dt 21.02.2020 and implementation instructions issued vide PCDA (P) Circular No 631 dated 05.03.2020.
(b) The individual is not entitled to the pension of a regular Nb Sub as he is only entitled to the pension of a Hony Nb Sub which is calculated based on a notional promotion to the rank of a regular Nb Sub at the minimum of the pay band, including the Grade Pay, MSP and Group Pay as applicable.
(c) This pension will be reckoned with reference to a notional maximum in the post 01.01.2006 revised pay structure corresponding to the maximum of the previous pay scales as per the fitment table for each rank, determined on the basis of notional maximum for the rank and group across the three Services, as applicable in fixing the pension of all pre-2006 retirees.”
4. From the above, it is clear that the Applicant is not eligible for grant of Service Pension of a regular Naib Subedar and, hence, the plea of the Applicant is rejected. However, the Applicant is eligible for grant of Service Pension for the rank of Hony Nb Sub wef 01.01.2006 in terms of PCDA (P) Circular No 631 dt 05.03.2020, otherwise qualified.
5. The Respondents are directed to grant Service Pension to the Applicant as applicable to the rank of Hony Nb Sub wef 01.01.2006 in terms of PCDA (P) Circular No 631 dt 05.03.2020, if not already granted, after due verification of the service of the Applicant for his entitlement for the same, as no reply has been furnished by the Respondents. 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 arrears shall carry interest at 6% per annum till the date of actual payment. The outcome of the examination of this case shall be suitably intimated to the Applicant.
6. The OA is ordered, accordingly. Pending Miscellaneous Application(s), if any, also stand disposed off.
7. No order on costs.
(SANJIV MITTAL)
(GOVERDHAN BARDHAR) MEMBER (A)
MEMBER (J)
Ssy/-