Armed Forces Tribunal
Hony Nb Sub Ratan Lal (Army) vs UOI & Others on 13 October 2025
OA No 220/2021 Ex Hav & Hony Nb Sub Ratan Lal Vs UOI & Ors ARMED FORCES TRIBUNAL, REGIONAL BENCH, JAIPUR
14.
OA No 220/2021 with MA No 315/2019
No-4551467P Ex Hav & Hony Nb Sub Ratan Lal, S/o Sh. Dhura Ram, R/o VPO-Kithana, Tehsil-Chirawa, District-Jhunjhunu (Rajasthan)
.… Applicant
Versus
1.
Union of India, represented by Secretary, Ministry of Defence, South Block, New Delhi-110011
2.
PCDA (P), Draupadi Ghat, Allahabad (UP)-211014
3.
The OIC Records, The Mahar Regiment,
PIN-900127, C/o 56 APO
…. Respondents
For Applicant
: Mr. Sunil Kumar, Advocate
For Respondents
: Mr. OP Jhajhria, 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
13.10.2025
1. By way of this Application under Section 14 of the Armed Forces Tribunal Act 2007, the Applicant has prayed directing the Respondents to grant pensionary benefits for the rank of Hony Nb Sub wef 01.01.2006 in terms of GoI, MoD letter No 1(8)/2008-D(Pen/Policy) dt 12.09.2009 and that the arrears be paid along with interest @ 18% per annum.
2. During the course of hearing, Learned 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:- “(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.
OA No 220/2021 Ex Hav & Hony Nb Sub Ratan Lal Vs UOI & Ors (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 the rank of Nb Sub in terms of GoI, MoD letter dt 12.06.2009 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.
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. 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.
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/-