Armed Forces Tribunal
Ex Sgt Samder Singh Rathore vs UOI & Others on 26 August 2025
**ARMED FORCES TRIBUNAL, REGIONAL BENCH, JAIPUR
(CIRCUIT BENCH AT JODHPUR)
(Through Video Conferencing)**
5.
**OA 143/2024 with MA 228/2024**
No 246476 Ex Sgt Samder Singh Rathore, S/o Late Shri Hanuman Singh Rathore, Resident of House No 5A, Mohan Nagar, BJS Colony, Jodhpur, Rajasthan – 342 006
.... Applicant
Versus
1. 1. UOI through the Secretary, Govt of India, Ministry of Defence, New Delhi – 110 011
2. 2. Chief of the Air Staff, Air HQ, New Delhi – 110 106
3. 3. PCDA (P), Draupadi Ghat, Uttar Pradesh – 211 014
4. 4. Office of the Jt CDA (Air Force), Subroto Park, New Delhi – 110 010
5. 5. Dte of Air Veterans (DAV), Air HQ, Subroto Park, New Delhi – 110 010
.... Respondents
For Applicant
Mr DS Rathore, Ms Soumya, Advocate
For Respondents
Mr Tribhuwan Singh, Advocate
**CORAM:**
HON'BLE MR. JUSTICE GOVERDHAN BARDHAR, MEMBER (J)
HON'BLE MR. SANJIV MITTAL, MEMBER (A)
प्रती न्यायः ततो जयः
Citations and Judicial Treatment
Cited by
0
Decisions in the index citing it
Cites
0
Decisions referred to
In this index
0
Of the decisions it cites
Overruled / Questioned
0
No negative treatment found
Loading the citing and cited decisions…
This judgment in the centre: on the left the decisions it cites, on the right the decisions citing it. Colour is the treatment; choose a decision to open it.
**ORDER**
**26.08.2025**
1. 1. Under Section 14 of the Armed Forces Tribunal Act 2007, the applicant has filed this OA praying for directing the Respondents to sanction service pension to the applicant for the rank of Sergeant (Sgt) instead of Corporal (Cpl) wef A rectangular area at the bottom left of the page has been completely redacted with a solid black box.
01/1/1996 under the provisions of Govt of India, Ministry of Defence letter No B/39013/AG/PS-4(a&c)/131/A/D (Pen/Sers) dated 09/2/2001.
2. Brief facts of the case as enunciated by the applicant are that the applicant was enrolled in the Air Force on 14/9/1962 and was discharged from service on 30/9/1977 in the rank of Sergeant (Sgt) Group I, after rendering 15 years and 20 days of qualifying service. He was granted service pension for the rank of Corporal instead of Sgt Group I for life wef 01/10/1977, which was further revised from time to time. Pension of the applicant was to be revised @Rs 1732/- pm wef 01/1/1996 and @Rs 5519/- pm wef 01/7/2009 for the rank of Sgt Group I, having 15 years of qualifying service, in accordance with Table No 111 of PCDA (P) Circular No 430 dated 10/3/2010, because as per provisions of Govt of India, Ministry of Defence letter dated 09/2/2001, stipulates that the pension of all pre 1996 retired armed forces personnel is to be revised on the basis of the rank/group last held by the individual and the revised pay scale connected thereto, even if the rank/group was held for less than ten months before retirement, but the Respondents authorities failed to do so, Annexure A/4. Having been aggrieved, the applicant has filed this OA praying for relief.
3. We have heard the counsel for the parties.
4. Respondents have not filed a Reply Statement in this matter. However, since the issue grant of pension with reference to the last pay drawn in the rank held at the time of discharge, even if the rank was held by the concerned individual for less than ten months before the date of discharge/retirement, has already been settled and the policy was made applicable wef 01/1/1996 vide Govt of India, Ministry of Defence letter dated 09/2/2001 and this issue has also been settled by this Tribunal on various cases filed before this Tribunal, we deem it appropriate to remand the case back to the Respondents to reconsider the prayer of the applicant for grant of service pension based on the pay last drawn by him and the last rank held by him, ie. Sgt. instead of the pension granted to him for the rank of Corporal. Subject to verification of service and rank of the applicant held at the time of his discharge from Air Force service and as per Govt policy on the subject, the Respondents shall take a final decision on the matter within a period of four months from the date of receipt of a copy of this Order. The decision taken thereof, be intimated to the applicant accordingly.
- 5. The OA is disposed off accordingly. No order on costs.
- 6. Pending application, if any, also stands disposed off.
(SANJIV MITTAL) MEMBER (A)
(GOVERDHAN BARDHAR) MEMBER (J)
cda/
यतो न्यायः ततो जयः