Armed Forces Tribunal
Ex WO Chhitar Mal Gujar vs UOI & Others on 26 November 2025
ARMED FORCES TRIBUNAL, REGIONAL BENCH, JAIPUR
26.
OA No 177/2024 with MA No 281/2024
No-8369506A Ex WO Chhitar Maj Gujar, S/o Shri Bhura Ram Gujar, R/o VPO-Nimdiya, Tehsil-Jamwa Ramgarh, District-Jaipur (Rajasthan) – 303109
…. Applicant
Versus
1.
Union of India, represented by Secretary, Ministry of Defence, South Block, New Delhi – 110011
2.
The PCDA (P), Draupadi Ghat, Allahabad (UP) - 211014
3.
The OIC (Records), Army Postal Service Records Kamptee (MH)
…. Respondents
For Applicant
: Mr Yogendra Singh/Sunil Kumar, Advocates For Respondents : Mr Pyare Lal, 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
26.11.2025
MA No 281/2024
1. MA No 281/2024 has been filed by the Applicant for condonation of delay in filing the OA. Having considered the reasons and grounds stated in the MA, the delay in filing the OA is condoned to examine the prayer on merits.
OA No 177/2024
2. By way of this Application under Section 14 of the Armed Forces Tribunal Act 2007, the Applicant has prayed for directing the Respondents to grant Service Pension to the Applicant wef 14.12.1996 for life and that the arrears be paid along with interest @ 12% per annum.
3. Brief facts of the case as enunciated by the Applicant are that the Applicant was initially enrolled in the Postal Service and served in Army Postal Service on deputation basis wef 23.10.1980 and after rendering more than 16 years of service on deputation with Army Postal Service, he was repatriated to his parent department on 13.12.1996. The Applicant submits that minimum qualifying service for grant of Service Pension is
15 years, however, despite the fact that the Applicant rendered more than 16 years of service in Army Postal Service on deputation basis, the Applicant has not been granted Service Pension for the services rendered in the Army. The Applicant made representations and also issued Legal Notice for grant of Service Pension, but to no avail. Therefore, the aggrieved Applicant has filed present OA.
4. The Respondents filed a detailed reply to the Application and submitted that the Applicant was a permanent employee of Department of Posts and had voluntarily joined APS Corps on 23.10.1980. The terms and conditions of deputation to APS Corps from Department of Posts are governed by MoD letter dt 19.03.1985. The initial terms of engagement of deputationists is 18 months and so long thereafter their services may be required. On completion of initial terms of engagement and after having rendered more than 15 years of service, the Applicant requested for his discharge from APS Corps on extreme compassionate ground vide his personal Application dt 27.01.1996. Accordingly, the Applicant was reverted back to his parent department, ie., Department of Posts wef 13.12.1996 for further continuation of remaining service in terms of Central Civil Services (CCS) Rules, 1972. As per Govt of India’s decision No 4 of Rule 14 of CCS (Pension) Rules, 1972, the liability for pension including gratuity will be borne in full by the Department to which the Government servant permanently belongs at the time of retirement. Since the Applicant was a permanent employee of Department of Posts and volunteered for deputation to APS Corps for short term engagement and was subsequently reverted back to his parent department at his own request for further continuation of service, he is eligible to get service pension from his parent department in terms of CCS (Pension) Rules, 1972 and is not eligible for Service Pension from the Army. The Respondents have placed reliance on Hon’ble High Court of Punjab & Haryana, Chandigarh judgment dt 31.10.2015 in CWP No 23235/2015 in the case of Ex Sub Charanjit Rai & Ors Vs UOI & Ors wherein the claim for grant of pensionary benefits at par with regular Army personnel was rejected. In view of the aforesaid averments, the Respondents have reiterated that the OA is devoid of merit and deserves to be dismissed.
5. We have heard Learned Counsel for both the parties and perused the material placed before us.
6. Perusal of terms and conditions of service for P&T Non Gazetted personnel on deputation to APS Corps reveals that the volunteers for field service from P&T Department are to be enrolled in the APS Corps under Army Act on short term engagement, initially for a period of 18 months and so long thereafter, if their service may be required. The Applicant, after his deputation to APS Corps continued to serve for 16 years till he applied for reversion from the APS Corps which was sanctioned by the Competent Authority and he was reverted back to his parent department, ie., Department of Posts on 13.12.1996. As per Decision No 4 of Rule 14 of CCS (Pension) Rules, 1972, the liability for pension including gratuity will be borne in full by the Department to which the Government servant permanently belongs at the time of retirement and no recovery of proportionate pension need be made from other Central Department under whom he had served. In view of the above, it is clear that the Applicant is not eligible for pension and pensionary benefits from Army.
7. The OA is devoid of merit and, hence, is dismissed. Pending Miscellaneous Application(s), if any, also stand disposed off.
8. No order on costs.
(SANJIV MITTAL)
(GOVERDHAN BARDHAR) MEMBER (A)
MEMBER (J)
Ssy/-