Ex LAC (Rest) Bharat Singh Bhati vs UOI & Others on 20 November 2025

**ORDER

20.11.2025**


1. Under Section 14 of the Armed Forces Tribunal Act 2007, the Applicant has filed this OA, praying for directing the Respondents to revise the Reservist Pension of the Applicant equal to 2/3^rd of service pension of a regular Sepoy wef 01/1/2016 @Rs 11,420/- pm under the provisions of Rule 155 of Pension Regulations for the Army 1961, Part I, alongwith interest @8% pa from the date due to the date of actual payment to the applicant.

2. Brief facts of the case as enunciated by the applicant are that the applicant was enrolled in the Air Force on 13/9/1962 and transferred to Reserve Establishment wef 12/9/1971, as per service particulars certificate dated 12/12/2019 issued by the 

**CERTIFIED COPY**

**Section Officer Armed Forces Tribunal Regional Bench, Jaipur**

Directorate of Air Veterans, Air HQ, Annexure A/2. The applicant was granted Reservist Pension wef 24/3/2011 by the Order of Hon'ble AFT, CB, Jodhpur Order dated 12/5/2016 passed in OA No 16/2014 filed by the applicant. Based on the implementation of 6^th and 7^th CPCs, pension of the applicant was revised to Rs 3500/- pm and @Rs 9000/- pm wef 24/3/2011 and wef 01/1/2016 respectively. However, revision as admissible in terms of Para 155 of Pension Regulations for the Army 1961, Part I, has not been granted to the applicant. Having been aggrieved, the applicant has filed this OA praying for directing the Respondents in terms of Pension Regulations.

3. The Respondents have filed their Reply Statement in the matter and conceded that the applicant is in receipt of Reservist Pension. It has also been clarified by the Respondents that revision of pension as contained in Govt of India, Ministry of Defence letter dated 08/3/2010 are not applicable in the case of the Reservist Pensioners. However, their pension has been revised to Rs 3500/- pm wef 01/1/2006 and at Rs 9,000/- pm wef 01/1/2016 consequent to implementation of 6^th and 7^th CPC respectively. Moreover, it was brought out that the scheme of OROP was not made applicable to Reservist Pensioners and some other pensioners, viz, UK/HKSRA/KCIOs/Pakistan and Burma Army pensioners, etc.

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

5. Since similar matters have already been disposed off by this Tribunal in the light of the Interim Order passed by the Hon'ble Supreme Court, at this stage we deem it appropriate to dispose off this OA also as has been done in similar matters recently vide our Order dated 03/11/2025.

6. 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".

सत्यमेव जयते

**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."

7. Thus, it is clear that the issue of revision of 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.

8. 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 directions 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 case of the Applicant herein as well.

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

10. Pending Applications also stand disposed off.

Sd/- x x x x x

(SANJIV MITTAL) MEMBER (A)


Sd/- x x x x x

(GOVERDHAN BARDHAR) MEMBER (J)

सत्यमेव जयते

cda/-


CERTIFIED COPY Section Officer Armed Forces Tribunal Regional Bench, Jaipur