Armed Forces Tribunal
Ex Sub Arjun Singh vs UOI & Others on 27 October 2025
**ARMED FORCES TRIBUNAL, REGIONAL BENCH, JAIPUR**
28.
**OA 237/23 with MA 368/23**
**Ex Sub Arjun Singh, S/o Shri Dunga Ram, Resident of Village and Post Mandota, Tehsil, District Sikar, Rajasthan – 332 023**
** .... Applicant**
**Versus**
1. 1. **UOI, through the Secretary, Ministry of Defence, Govt of India, New Delhi – 110 011**
2. 2. **The Chief Controller of Defence Accounts (Pension), Prayagraj, UP – 211 014**
3. 3. **The Officer in Charge, Records The EME, Trimulgheri, Secunderabad, Telangana – 500 015**
** ... Respondents**
**For Applicant**
**: Mr Rameshwar Lal, Advocate**
**For Respondents**
**: Mr Brij Bhari Sharma, Advocate**
**CORAM:**
**HON'BLE MR. JUSTICE GOVERDHAN BARDHAR, MEMBER (J)**
**HON'BLE MR. SANJIV MITTAL, MEMBER (A)**
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**ORDER
27.10.2025**
1. Under Section 14 of the Armed Forces Tribunal Act 2007, the Applicant has filed this OA directing the Respondents to sanction and pay the service pension of the rank of Subedar from the date of retirement from service for life. He has also prayed for directing the Respondents to issue a Corrigendum PPO for the rank of Subedar.
2. Brief facts of the case as enunciated by the applicant are that the applicant was enrolled in the Army on 08/5/1973 and retired from service in the rank of Subedar in 1992 after rendering 19 years, five months and 23 days of service. He is in receipt of service pension. While the applicant was promoted to the rank of Subedar on 01/3/1992 vide DO Part II No 188/92, however, he was granted service pension for the rank of Nb Sub, ie, one rank junior to the rank held by the applicant at the time of his retirement. Applicant further submits that grant of service pension to the applicant for the last rank held is no longer res integra in view of the Govt Orders dated 09/2/2001 and 22/2/2001 and pronouncement of various judgments passed by the Hon'ble Armed Forces Tribunal. Having been aggrieved, the applicant has filed this OA, praying for relief.
3. Vide Reply Statement, the Respondents have submitted that the applicant was enrolled in the Army on 08/5/1973 and was promoted to the rank of Subedar on 01/3/1992. The applicant was discharged from service on 31/10/1992 because of his unwillingness to continue in alternative employment consequent to his being placed in permanent low medical category under Rule 13 (3) Item I (iii) (b) of Army Rules 1954. Since the applicant had not completed minimum 10 months service in the rank of Subedar, in terms of Para 133 of Pension Regulations for the Army 1961, Part I, he was granted pension for the rank of Nb Sub wef 01/11/1992, apart from all other admissible terminal benefits. He was also granted disability element of disability pension wef 01/11/1992 for life. Respondents have further submitted that in terms of Govt of India, Ministry of Defence letter No B/39013/AG/PS-4 (A&C)/131/A/D (Pension/Services) dated 09/2/2001 as amended vide letter No B/39013/AG/PS-4 (A&C)/168/A/D (Pen/Sers) dated 22/2/2001, pension of all pre 1996 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 ten months before retirement. Since the applicant was discharged from service on 31/10/1992, ie, prior to 01/1/1996, ten months' stipulation is not applicable in this case. Therefore, LPC-cum-Data Sheet in respect of the applicant for grant of service pension in the rank of Subedar has been forwarded to PAO (OR) EME for audit and further processing to PCDA (P) for issuance of Corrigendum PPO, vide EME Records letter dated 24/6/2023. On receipt of LPC-cum-Data Sheet from the PAO (O) duly audited, the claim for grant of service pension in the rank of Subedar will be processed to PCDA (P).
4. We have heard the counsels for the parties and perused the material placed on record.
5. Having heard the parties and perused the material, it is evident that the case of the applicant for grant of service pension for the rank of Subedar, ie, the last rank held by the applicant at the time of discharge from service, had already been taken up by the Record Office way back in June 2023, in terms of extant policy on the subject.
6. In view of the foregoing, we direct the Respondents to complete the exercise in granting service pension for the rank of Subedar to the applicant from the date of his retirement from service expeditiously within a period of three months from the date of receipt of a copy of this Order, failing which, the applicant shall be entitled to receive interest @6% pa till the actual date of its payment.
7. The OA is disposed off accordingly. No order on costs.
8. Pending applications, if any, also stand disposed off.
**(SANJIV MITTAL)** **MEMBER (A)**
cda/-
**(GOVERDHAN BARDHAR)** **MEMBER (J)**