Ex Sep (Reservist) Panna Ram vs UOI & Others on 6 November 2025

**ORDER

06.11.2025**

1. Under Section 14 of the Armed Forces Tribunal Act, 2007, the Applicant has filed this OA praying that the exclusion of reservist pensioners from revision of pension in terms of Ministry of Defence letter dated 08/3/2010 be declared being illegal, arbitrary and violative of Article 14 of the Constitution of India and that the ibid letter be quashed and set aside. Further, the non applicants be directed to revise the pension of husband of the applicant and family pension (sic) in terms of Ministry of Defence letter dated 08/3/2010 at par with other pensioners wef 01/1/2016 and the arrears paid to the applicant alongwith 12% interest till the death of her husband (sic).

2. Brief facts of the case as enunciated by the applicant are that the applicant was enrolled in the Army 11/8/1960 and was transferred to reserve on 15/8/1969 after serving for eight years and 339 days. Finally, he was transferred to reserve service and on completion of his qualifying combined colour and reserve service, the applicant was granted service pension wef 16/8/1969, which was revised from time to time. However, further revision in terms of Para 5.2 of Ministry of Defence letter dated 08/3/2010 were excluded for the pre-2006 retirees. Having been aggrieved, the applicant has filed the OA, praying for relief.

3. Vide Reply Statement, the Respondents have submitted that the applicant was enrolled in the Army on 11/8/1960 for a contractual period of 15 years service of 7 years colour and eight years reserve and was discharged from service on 31/8/1975 on completion of combined colour and reserve service under Item 13 (3) III (i) of Army Rules 1954. He had rendered 15 years and 21 days of service and was granted Reservist Pension for life, which was further revised from time to time. Consequent to issue of Govt of India, Ministry of Defence letter dated 11/11/2008, pension of the applicant was revised to Rs 3500/- wef 01/1/2006, which was further revised to Rs 9000/- pm wef 01/1/2016 in accordance with Govt of India, Ministry of Defence letter dated 29/10/2016, for which no separate PPO was required to be issued. Further, instructions contained in Circular Nos 501 dated 17/1/2013 and 555 (OROP) dated 04/2/2016 of the PCDA(P) are not applicable to Reservist Pensioners.

4. We have heard the counsels for the parties and perused the material placed on record.

5. In this regard, Judgment dated 07/3/2025 passed by the Hon'ble Apex Court in Special Leave Petition (Civil) Diary No 6367/2025 (arising out of the final judgment dated 27/9/2024 in CWP No 17046/2024 passed by the Hon'ble High Court of Punjab and Haryana at Chandigarh) in the case of UOI & Ors Vs Darshan Singh Bal & Anr, vide which the execution of impugned Order passed by the Hon'ble High Court has been stayed, as also the judgment dated 15/10/2025 passed by the Hon'ble High Court of Judicature for Rajasthan Bench at Jaipur in the DB Civil Writ Petition No 12723/2024 in the case of UOI & Ors Vs No 1033471 Ex Swr (Reservist) Chiranji Lal, S/o Shri Raju Ram, which are reproduced below:- Extract from the Order of the Hon'ble Apex Court :- ***"2. Let the notice be issued to the respondents, returnable within four weeks.***

***3. In the meantime, the operation of the impugned order is stayed".***

Extract from the Order of the Hon'ble High Court of Rajasthan :- ***"1. Learned counsel appearing for the petitioners fairly submits that the controversy can be brought to an end at this juncture by observing that since the controversy is pending before the Hon'ble Apex Court in SLP (Civil) Diary No 6367/2025 titled as 'Union of India & Ors Vs Darshan Singh Bal', and an interim order is also operating therein, therefore, outcome of the said SLP may govern the field in the present case.***

***2. Learned Counsel for the Respondent does not oppose the aforesaid proposition.***

***3. Accordingly, the instant writ petition is disposed of with a direction that final outcome of the aforementioned SLP pending before the Hon'ble Apex Court shall govern the position of law in the present case. Pending applications, if any, also stand disposed of".***

6. Thus, it is clear that revision of their Reservist Pension is pending before the Hon'ble Apex Court and an interim order has since been passed staying the implementation of AFT Chandigarh Bench Order (supra) which has been appealed against in that Court. This Tribunal has also disposed off a bunch of cases vide Order dated 03/11/2025.

7. In view of the foregoing and since the matter is pending before the Hon'ble Apex Court for final adjudication, we deem it appropriate to dispose off this OA with the same direction as given at Para 3 of the ibid Hon'ble High Court Order that the final outcome of the aforementioned SLP pending before the Hon'ble Apex Court shall govern the position of law in the present case as well.

OA 321/2023 with MA 510/2023 Army No 2848032 Ex Sep (Reservist) Panna Ram

- 8. OA is disposed off accordingly. No order on costs.

- 9. Pending application, if any, also stands disposed off.

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**(SANJIV MITTAL)** **MEMBER (A)**

सत्यमेव जयते

**(GOVERDHAN BARDHAR)** **MEMBER (J)**

cda/-

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