Ex Sub & Hony Lt Mitrasen Yadav vs UOI & Others on 16 September 2025

ORDER

16.09.2025

1. 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 for the rank of Sub (Hony Lt) at par with Honorary Commissioned JCOs of Regular Army and that the arrears be paid along with interest @ 12% per annum.

2. 2. Brief facts of the case as enunciated by the Applicant are that the Applicant was enrolled in Territorial Army on 28.02.1980 and after rendering more than 30 years of service (25 years and 193 days of embodied service and 4 years and 173 days of dis-embodied service), he was discharged from Service on 28.02.2010. The Applicant was granted honorary commission of Lieutenant on 15.08.2009 on the occasion of Independence Day 2009 (on active service) and after retirement, he was granted honorary rank of Captain on 26.01.2011 on the occasion of Republic Day, 2011. The Applicant was granted Service Pension correctly as fixed by the authorities till Nov 2019, however, the same was illegally reduced from Rs. 39,252/- pm to Rs. 37,818/- pm in Jan 2020 on the grounds that the personnel of regular army are governed by different set of pay and allowance. The Applicant has made reliance on amendments to Territorial Army Regulations, 1948 (Revised 1976), CS No 1/2011 (Annexure A/7) and Govt of India, Ministry of Defence letter No 47144/GS/TA-3/25/US/D(GS-III) dt 17.02.2015 (Annexure A/8) and contended that he is eligible for Service Pension for the rank of Sub (Hony Lt) at par with the Sub (Hony Lt) of Regular Army. The Applicant made various representations as also issued Legal Notice, but to no avail. Therefore, the aggrieved Applicant has filed present OA.

3. The Respondents (R1-B) filed a detailed reply to the Application and while not contesting the basic facts presented by the Original Applicant, they have submitted that Service Pension of the Applicant has been revised to Rs. 14,330/- pm wef 01.03.2010. On implementation of OROP, the Applicant's Service Pension has been revised to Rs. 14,715/- in terms of PCDA (P) Circular No 555 dt 04.02.2016 (Table No 9). On implementation of 7^th CPC, his Basic Pension has been fixed @ Rs. 37,818/- pm (Rs. $14715 \times 2.57 = \text{Rs. } 37817.55$ , Rounded off to Rs. 37,818/- pm) in new PPO in terms of PCDA (P) Circular Nos 555 and 570 (Annexure-XII). Thereafter, on implementation of OROP-II, as per Table No 10 of PCDA (P) Circular No 666 dt 20.01.2023, his correct pension is calculated to Rs. 37,100/- pm whereas the Applicant is getting Service Pension @ Rs. 37,818/- for net qualifying embodied service of 25 years and 6 months. Further, the Record Office is merely a custodian of service documents and this being a policy matter, the Record office is not in a position to evaluate or to offer any comments on the demand of the petitioner. In view of the aforesaid, the Respondents (R1-3) have submitted that the Applicant is being granted Service Pension as entitled to him.

4. Respondents (R4&5) have filed a detailed reply statement and submitted that the Applicant has been granted Service Pension in terms of PPO No S/010527/2010 dt 01.03.2010 and Corrigendum PPO No S/Corr/015265/2012. As per Descriptive Roll, the Applicant belongs to Territorial Army and not Regular Army. The clarifications were sought from PCDA by AGM, CPPC, Chaura Rasta, Jaipur but no response received from them. The Respondents (R4&5) are mere Pension Disbursing Authority and have limited scope. However, during the course of arguments, Learned Counsel for the Respondents (R4&5) submitted that the documents of the Applicant have been transferred to PCDA (Sparsh) and further clarifications may be sought from them.

5. We have heard Learned Counsels for both the parties and perused the records.

6. It is not in dispute that in terms of Govt of India, Ministry of Defence letter dt 17.02.2015, Territorial Army personnel granted Honorary Commission while in active service both pre and post 08.07.2011, are eligible for Service Pension at par with the JCOs of Regular Army granted Honorary Commission. In their Reply Statement, the Respondents have submitted that the Applicant is being granted Service Pension for the rank of Sub (Hony Lt) @ Rs. 14,715/- pm wef 01.07.2014 and Rs. 37,100/- pm wef 01.07.2019 in terms of Table No 9 of PCDA (P) Circular No 555 (OROP-I) and Table No 10 of PCDA (P) Circular No 666 dt 20.01.2023 (OROP-II) respectively, as applicable to Territorial Army personnel. However, as per Table No 7 of PCDA (P) Circular No 555 (OROP-I) and Table No 7 of PCDA (P) Circular No 666 dt 20.01.2023 (OROP-II) as applicable for Army/Navy/Air Force personnel, the Service Pension for the rank of Sub (Lt) with 25 years and 6 months of qualifying service is Rs. 15,273/- pm and Rs. 40,075/- pm respectively. In terms of Govt of India, Ministry of Defence letter dt 17.02.2015 (Annexure A/8), the Applicant is eligible for Service pension at par with the JCOs of Regular Army granted honorary commission.

7. Taking into consideration overall facts and circumstances of the case, we direct the Respondents (R1-3) to reconsider the case of the Applicant for grant of correct Service Pension for the rank of Sub (Hony Lt) in terms of Govt of India, Ministry of Defence letter dt 17.02.2015 within a period of four months from the date of receipt of a certified copy of this Order. The outcome thereof shall be intimated to the Applicant.

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

- 9. No order on costs.


(SANJIV MITTAL) MEMBER (A)

Ssy/-


(GOVERDHAN BARDHAR) MEMBER (J)


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