Armed Forces Tribunal
Brig JS Soin (Retd) vs UOI & Others on 1 September 2025
**ARMED FORCES TRIBUNAL, REGIONAL BENCH, JAIPUR**
6.
**OA 259/2024 MA 383/2024 & MA 492/2024**
**Brig JS Soin (Retd), S/o Shri B R Singh Soin, Resident of 412/3, Raja Park, Jaipur, Rajasthan**
** .... Applicant**
**Versus**
1. 1. UOI, through the Secretary, Ministry of Defence, Govt of India, Room No 101A, South Block, New Delhi – 110 011
2. 2. PCDA (P), Drauadi Ghat, Prayagraj, UP – 211 014
3. 3. Adjutant General's Branch, IHQ of MoD (Army), MP 5 & 6, West Block III, RK Puram, New Delhi
4. 4. Chief of the Army Staff, IHQ of MoD (Army), Room No 195, South Block, New Delhi – 110 011
5. 5. Finance Secretary, Ministry of Finance, Govt of India, New Delhi – 110 011
**सत्यमेव जयते**
** .... Respondents**
**For Applicant**
**Ms Anjali Minocha, Advocate**
**For Respondents**
**Mr Gajendra Sharma, Advocate**
**CORAM:**
**HON'BLE MR. JUSTICE GOVERDHAN BARDHAR, MEMBER (J)**
**HON'BLE MR. SANJIV MITTAL, MEMBER (A)**
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**ORDER
07.09.2025**
1. Under Section 14 of the Armed Forces Tribunal Act 2007, the applicant has filed this OA praying for directing the Respondents to henceforth restore the commutation portion of pension after completion of 12 years and refund the wrongly deducted amount of commutation pension deducted after 31/8/2023, ie, Rs 110892/- . As an Interim Relief, the applicant has also prayed that a direction be issued to the Respondents to restrain them from further deduction of commutation portion of the pension during the pendency of the OA.
2. While the Respondents have not filed their reply statement, perusal of record reveals that the applicant was commissioned in the Army on 03/9/1977 and 
retired from service on superannuation on 31/8/2011. He was granted service pension for life.
3. During the course of hearing, with regard to reduction of pension commuted period, counsel for the applicant has placed on record a copy of the Office Memorandum No 4/1/2025-P&PW-Dt Part (2)/E-10640 dated 23/7/2025 issued by Govt of India, Department of Pension and Pensioners Welfare. The relevant extracts of the Memorandum reads as follows :- "the law regarding commutation has been well settled by the Hon'ble Supreme Court vide their Judgment dated 09/12/1986 in Writ Petition Nos 3958-61 of 1983, "Common Cause" Society and Others (Petitioners) Vs UOI (1987) (1) SCC 142 in 1986. The Hon'ble Supreme Court considered all relevant factors like interest rate, mortality rate etc and the commutation table in existence in 1986 and gave a decision that the commuted period should be fixed at 15 years. The Hon'ble Delhi High Court in their judgment dated 17/1/2019 in WP (C) No 1222/2015 filed by the Forum of Retired IPS Officers (Foripso) Vs UOI & Anr observed that the pension, commutation of pension etc are policy matters, which are examined and decided on the basis of recommendations of the Pay Commissions by the authorities. Further the Hon'ble Supreme Court of India in its judgement dated 15/4/2019 in Petition(s) for Special Leave to Appeal (C) No(s) 8852/2019 arising out of the Impugned final judgment and Order dated 17/1/2019 in WP (C) No 1222/2015 passed by the Hon'ble High Court of Delhi at New Delhi) delivered that "we have no reason to entertain this petition. Accordingly, the special leave petition is dismissed".
4. In view of the foregoing, it is crystal clear that restoration of full pension after a certain period, which is 15 years at present, is a matter of Govt Policy which entails deduction of commuted portion of pension for 15 years from the date of discharge/retirement of an individual. Moreover, the applicant retired from service on 31/8/2011 on attaining the age of superannuation and mandated 15 years of deduction of commuted portion of pension would be over only in Aug 2026. Therefore, we are not inclined to entertain this OA and the OA is dismissed being devoid of merit. However, any additional benefit, if any, that may accrue to the applicant, shall only be based on the decision taken by the Govt of India in due course of time.
5. The OA is disposed off accordingly. No order on costs.
6. Pending application, if any, also stands disposed off.
सत्यमेव जयते
(SANJIV MITTAL) MEMBER (A)
(GOVERDHAN BARDHAR) MEMBER (J)
cda/-
