Lt Col Ranjit Singh (Retd) vs UOI & Others on 24 September 2025

1. 1. UOI, through the Secretary, Ministry of Defence, South Block, DHQ PO, New Delhi – 110 011

2. 2. Chief of the Army Staff, IHQ of MoD (Army), South Block, New Delhi – 110 011

3. 3. The OIC, Army Pay and Allowances Contact Centre (APACC), Golibar Maidan, Pune, Maharashtra – 411 001 जयंत

4. 4. The OIC, PCDA (Officers), Golibar Maidan, Pune, Maharashtra

5. 5. The OIC, PCDA (P), Draupadi Ghat, Prayagraj, UP – 211 014

.... Respondents

For Applicant For Respondents

Mr Manish Choudhary, Advocate : Mr Veer Aditya Singh, Proxy for Mr Yuvraj Singh, Advocate

**CORAM:**

HON'BLE MR. JUSTICE GOVERDHAN BARDHAR, MEMBER (J) HON'BLE MR. SANJIV MITTAL, MEMBER (A)

**O-R-D-E-R**

**24.09.2025**

1. Under Section 14 of the Armed Forces Tribunal Act 2007, the Applicant has filed this OA praying for calling the records of the Applicant based on which the Respondent has not issued the Applicant his due enhanced pension @20% wef 07/11/2023, ie, from the beginning of the 80^th year. He has further prayed that the Respondents be directed to grant enhanced pension @20% of the revised basic pension wef 07/11/2023.

2. Brief facts of the case as enunciated by the applicant are that the applicant was enrolled in the Army on 10/7/1964 and got commissioned as an officer on 25/7/1977

and retired from service in the rank of Lieutenant Colonel on 30/11/2001. He had rendered 37 years, four months and 22 days of service. The Applicant has completed 79 years of age on 06/11/2023 and his 80^th year of age has commenced wef 07/11/2023. 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 07/11/2023. In support of his arguments, the applicant has placed reliance on many a judgment, inter alia, the Judgment dated 15/3/2008 passed by the Hon'ble High Court of Karnataka, Dharwad Bench, in WP No 105189/2014 in the case of Siddangonda Shivabasanagouda Aayyangoudra 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. Vide Reply Statement, the Respondents have submitted that the applicant was commissioned in the Army on 25/7/1977 and retired on 30/11/2001. The date of birth of the applicant is 07/11/1944. Further, 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. 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 applicant is admissible for grant of 20% enhanced additional pension wef 01/11/2024 on completion of 80 years of age on 07/11/2024. Therefore, the OA filed by the Applicant praying for grant of enhanced pension @20% wef 07/11/2023 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. It is apparent from the material placed on record that the applicant retired from the Army in the rank of Lt Col (TS) wef 30/11/2001. In addition to the service pension granted for his qualifying service of 37 years, four months and 22 days of service, he is also in receipt of disability element of disability pension for life. As per the copy of PPO annexed with the OA as also the statement of the Respondents, the date of birth of the applicant is 07/11/1944.

6. With regard to grant of additional pension @20%, it is pertinent to observe that based on the Order dated 28/7/2009 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. 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 05/9/2017 which categorically state that the additional pension @20% of Basic Pension would be admissible on attaining the age of 80 years.

7. 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 01/11/2024. However, in case any development on this score 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.

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

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


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

cda/-


सत्यमेव जयते


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