Hony Nb Sub Bhagwan Singh (Army) vs UOI & Others on 18 December 2024

**ORDER**

**18.12.2024**

1. 1. By way of this Application under Section 14 of the Armed Forces Tribunal Act 2007, the Applicant has prayed for grant of Service Pension as applicable to the Honorary rank of Naib Subedar wef 01.01.2006 along with interest @ 18% per annum.

2. 2. During the course of hearing, Learned Counsel for the Applicant prays to decide the case of the Applicant in terms of Larger Bench of Hon'ble Principal Bench of Armed Forces Tribunal Order dt 20.03.2024 in OA No 589/2019 in the case of ***Hony Nb Sub Ram Kishan Vs UOI & Ors***, even though the Applicant had prayed for grant of Service Pension of Hony Nb Sub.

3. 3. The issue for grant of pension as per the scales of regular Naib Subedar has since been settled by the Larger Bench of Hon'ble Principal Bench of Armed Forces Tribunal in the case of ***Hony Nb Sub Ram Kishan (Supra)***, the relevant portion of which reads as under:- "(a) A pre-2006 retiree Hony Nb Sub is entitled to the pension of a Hony Nb Sub as promulgated vide MoD Notification dt 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, MSP 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."

4. From the above, it is clear that the Applicant is not eligible for grant of Service Pension for the rank of regular Naib Subedar and the plea of the Applicant is rejected. However, the Applicant is eligible for grant of Service Pension for the rank of Hony Nb Sub wef 01.01.2006 in terms of PCDA (P) Circular No 631 dt 05.03.2020.

5. The Respondents are directed to grant Service Pension to the Applicant as applicable to the rank of Hony Nb Sub wef 01.01.2006 in terms of PCDA (P) Circular No 631 dt 05.03.2020, 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, the arrears shall carry interest at 6% per annum till the date of actual payment.

6. The OA is ordered, accordingly. Pending Miscellaneous Application(s), if any, also stand disposed off.

7. No order on costs.

(SANJIV MITTAL) MEMBER (A)

Ssy/-

(GOVERDHAN BARDHAR) MEMBER (J)