Hony Nb Sub Dharam Pal Singh Verma (Army) vs UOI & Others on 18 December 2024

**ORDER**

**18.12.2024**

1. Under Section 14 of the Armed Forces Tribunal Act 2007, the Applicant has filed this OA praying for directing the Respondents to quash the Impugned letter dated 09/7/2018, Annexure A/1 and that the applicant be granted revised service pension for the rank of Nb Sub wef 01/7/2009 with all consequential revisions as applicable to him.

2. Brief facts of the case as enunciated by the Applicant are that the Applicant was enrolled in the Army on 03/9/1975 and was discharged from service on 30/9/1999 and was granted pension for the rank of Havildar. Based on the Order passed by this Tribunal, service pension of the applicant was revised notionally @Rs 7750/- wef 01/1/2006. However, further upward revision of pension as per Govt policy on the matter has not been extended to the applicant wef 01/7/2009.

3. While the Respondents have not filed a reply statement to the OA, but perusal of record reveals that the applicant was granted the Hony rank of Nb Sub as mentioned in the copy of Corrigendum PPO annexed at Annexure A/2 of the OA.

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

5. It is not disputed that vide Circular No 631 dated 05/3/2020 of PCDA (P), Pension of Pre-01.01.2006 retiree Havildars who have been granted Hony Rank of Nb Subedar/Nb Ris has been revised and all such individuals were sanctioned the additional pension amount duly revised from time to time for the Hony rank of Nb Sub.

6. As regards Pension of Nb Sub to such Hony Nb Subs, a batch of cases pertaining to fixing of pension of Honorary Naib Subedars (Hony Nb Subs) who retired prior to 01.01.2006 had been filed before the Tribunal, who had been granted the honorary rank of Nb Sub. The implementation of the 6^th CPC granted a fresh method of fixing the pension of those Havildars (Havs) who were conferred the rank of Hony Nb Sub on retirement. This method was initially only applicable to those who retired on or after 01.01.2006 and was thus denied to the pre-2006 retirees. This resulted in numerous litigations, based on which the pre-2006 retirees were also granted the benefit as per Circular No 631 issued by the PCDA (P) (supra). However, there were differences in the manner in which relief was granted for fixing the pension of pre-2006 Hony Nb Subs by different Benches of the Armed Forces Tribunal. Finding differing views between different Benches of Armed Forces Tribunal, the matter was then placed before a Larger Bench of the Hon'ble Principal Bench, Armed Forces Tribunal, New Delhi, which vide their Order dated 20/3/2024 disposed off a batch of OAs, the relevant portion of which reads as follows :- (a) A pre-2006 retiree Hony Nb Sub is entitled to the pension of a Hony Nb Sub as promulgated vide MoD notification dated 21.02.2020 and implementation instructions issued vide PCDA(P) Circular No.631 dated 05.03.2020.

(b) The individual is not entitled to the pension of a regular Nb Sub as he is only entitled to the pension of a Hony Nb Sub which is calculated based on a notional promotion to the rank of a regular Nb Sub at the minimum of the pay band, including the grade pay, NSP and group pay as applicable.

(c) This pension will be reckoned with reference to a notional maximum in the post 01.01.2006 revised pay structure corresponding to the maximum of the previous pay scales as per the fitment table for each rank, determined on the basis of notional maximum for the rank and group across the three Services, as applicable in fixing the pension of all pre-2006 retirees.

Thus, it is clear that the applicant is not entitled to the pension of a regular Nb Sub and he is eligible for grant of pension as admissible to the rank of Hony Nb Sub wef 01/1/2006. Hence, his plea for further revision wef 01/7/2009 as prayed for in the OA has no merit and is rejected.

7. In view of the above, the Respondents are directed to grant Pension as admissible to Hony rank of Nb Sub wef 01/1/2006 to the applicant in terms of PCDA (P) Circular No 631 dt 05.03.2020 and the Judgment of the Larger Bench of the Hon'ble Armed Forces Tribunal as noted above, if not already granted. The arrears, if any, shall be paid to the Applicant within a period of six months from the date of receipt of a certified copy of this Order, failing which, arrears shall carry interest @6% pa, till the actual date of payment. Payment already made shall be adjusted accordingly.

- 8. The OA is ordered accordingly. No order on costs.

- 9. Pending applications, if any, also stand disposed off.


(SANJIV MITTAL) MEMBER (A) cda/-


(GOVERDHAN BARDHAR) MEMBER (J)