Ex Gdr (Rest) Islami Khan vs UOI & Others on 11 October 2025

**ORDER**

**11.10.2025**

1. Under Section 14 of the Armed Forces Tribunal Act 2007, the Applicant has filed this OA praying for directing the Respondent to grant enhanced basic pension with additional quantum @20% on completion of 79^th year of age wef 01.10.2022 and pay arrears with all consequential benefits along with interest on arrears.

2. Brief facts of the case as enunciated by the applicant are that on completion of combined colour and reserve service, the Applicant was discharged from Service on 31.10.1979 for which he has been granted Reservist Pension for life wef 01.11.1979. The Applicant was born on 01.10.1943 and has completed 79 years of age on 30.09.2022 and his 80^th year of age has commenced wef 01.10.2022. He further submitted that in terms of Govt of India, Ministry of Personnel, Public Grievances and Pension, Department of Pension and Pensioners' Welfare, Resolution dated 29/8/2008 and Govt of India, Ministry of Defence letter dated 11/11/2008, which stipulates that additional pension @20% shall be admissible to pensioners from their 80 years to less than 85 years. However, due to an erroneous interpretation, the applicant has not been granted the benefit on his completing 79 years and from the first day of 80^th year of the applicant wef 01.10.2022. In support of his arguments, the applicant has placed reliance on many a judgment, inter alia, Hon'ble Guwahati High Court Judgment dated 15/3/2018 in **WP(C) No 4224/2016 in the case of Virendra Dutt Gyani Vs UOI & Ors** as also in the cases of Orders passed by the Principal Bench of the Armed Forces Tribunal. Having been aggrieved, the applicant has filed this OA, praying for relief.

3. During the course of arguments, Learned Counsel submitted that the date of birth of the applicant is 01.10.1943. In terms of Govt of India, Ministry of Defence letter dated 11.11.2008 and PCDA (P) Circular No 397 dated 18.11.2008, additional pension is admissible on attaining the age of 80 years only. Therefore, the applicant is admissible for grant of 20% enhanced additional pension wef 01.10.2023 on completion of 80 years of age on 30.09.2023. Learned Counsel for the Respondents reiterated that the issue has further been clarified by CGDA, New Delhi, vide their Circular No 5637/AT-V/Audit & Payment/Vol VII dated 20.10.2001, which clarifies that a person attains the age of 80 years only when he completes the age of 80 years and not when he completes the age of 79 years for his eligibility of getting the additional pension. Therefore, the OA filed by the Applicant praying for grant of enhanced pension @20% wef 01.10.2022 when he attained the age of 79 years has no merit and, the OA is liable to be dismissed.

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

5. With regard to grant of additional pension @20%, it is pertinent to observe that based on the Order dated 28.07.2009 in OA No 504 of 2009 passed by the Hon'ble Central Administrative Tribunal, Ernakulam Bench, the matter has been deliberated upon and vide OM No 38/48/09-P&PW(A) dated 27/8/2009, Govt of India, Ministry of Personnel, Public Grievances and Pensions, Department of Pension and Pensioners Welfare, has clarified that the additional quantum of pension/family pension would be admissible on attaining the age of 80 years and above only and from the first day of the month in which the date of birth falls and not from the beginning of 80^th year, ie., completion of 79 years of age. Govt of India, Ministry of Personnel, PG & Pensions, Department of Pension and Pensioners' Welfare vide Office Memorandum No F.No. 38/10(04)/2024-P&PW(A) (e 10124) dt 18.10.2024 have reiterated that additional pension @ 20% shall be allowed only on completion of 80 years of age. Therefore, prayer of the applicant therein for grant of benefit on completion of the age of 79 years was rejected. Moreover, the issue was further reinforced vide Gazette of India, Extraordinary Notification dated 20.12.2021 issued by the Ministry of Law and Justice (Legislative Department) and Govt of India, Ministry of Defence, vide their letter No 17(01)/2017(02)/D (Pension/Policy) dated 05.09.2017 which categorically state that the additional pension @20% of Basic Pension would be admissible on attaining the age of 80 years.


6. In view of the foregoing and since the entitlement of enhanced pension @20% is admissible to a pensioner on attaining the age of 80 years only, in terms of extant rules/regulations, we deem it appropriate to dispose off this OA as the PDA must have extended the enhanced benefit to the applicant on his attaining the age of 80 years wef 01.10.2023. However, in case any development on this issue is found to be beneficial to the Applicant based on the Govt policy at a later stage, the same shall be extended to the Applicant suo motu by the PDA.


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

8. No order on costs.

Sd/-XXX (SANJIV MITTAL) MEMBER (A)

Sd/-XXX (GOVERDHAN BARDHAR) MEMBER (J)

Ssy/-