Ex Sep (Reservist) Prema Ram vs UOI & Others on 21 December 2022

**ORDER**

**21.12.2022**

**MA No 694/2022**

1. MA No 694/2022 has been filed for hearing of the case at Regional Bench, Jaipur. Learned counsel for the Respondents raised no objection. The Application for hearing the case at Jaipur Bench is allowed.

**OA No 507/2022**

2. By way of this Application under Section 14 of the Armed Forces Tribunal Act 2007, the Applicant has prayed that Para 5.2 of GoI, MoD letter No PC 10(1)/2009-D(Pen/Pol) dt 08.03.2010 be declared illegal, arbitrary and set aside and thereafter Revision of Reservist Pension at par with other pensioners wef 01.01.2006.

3. On perusal of Pension Certificate (**Annexure A/4, Page 26**), it is clear that the Applicant is in receipt of Reservist Pension for life. In the OA, the Applicant has conceded that he is in receipt of Reservist Pension for life which has been revised from time to time along with other pensioners. However, the Reservist Pensioners have been excluded from Revision of Pension wef 01.07.2009 vide GoI, MoD letter dt 08.03.2010.

4. We have heard both the parties and perused the material placed on record. Now the questions arise whether Para 5.2 of GoI letter dt 08.03.2010 is illegal and arbitrary and the Applicant is entitled for Revision of Reservist Pension at par with other pensioners wef 01.01.2006 in terms of GoI letter dt 08.03.2010?

5. On perusal of GoI, MoD letter dt 08.03.2010, it is clear that the Reservist Pensioners have been excluded for revision of Pension. As far as the prayer of the Applicant for declaring Para 5.2 of the aforesaid letter as illegal, arbitrary and against right to equality as enshrined in Constitution of India is concerned, no convincing grounds have been put forth. Hence, we do not find any cogent and justifiable reason to interfere in the policy issued by GoI vide letter dt 08.03.2010. Further, a detailed justification is not required in this case as the cases of similar nature were decided by this Tribunal by way of ***Common Order dated 13.07.2021 in OA 61/2011 in Ex Sep Mangal Chand Vs UOI & Ors along with 55 other cases***, and after going through Govt of India Policies and PCDA (P) Circulars, it was settled that the benefit of Revision of Reservist Pension is not applicable at par with other pre 01.01.2006 retirees wef 01.07.2009, 24.09.2012 and 01.07.2014. **However, revision of 2/3^rd of minimum pension of a Regular Sepoy as per 7^th Central Pay Commission Pay Scale is applicable wef 01.01.2016 in terms of Para 155 of Pension Regulations for the Army, 1961 (Part-1)**. In the light of above judgment, the Applicant is entitled for Revision of Reservist Pension wef 01.01.2016 only.

6. Resultantly, this Application is allowed partially. Subject to verification of records, the Respondents are directed to revise Reservist Pension of the Applicant to 2/3^rd of Minimum Pension of a Regular Sepoy wef 01.01.2016. The arrears will be paid within four months from the date of receipt of a certified copy of this Order, failing which the Applicant will be entitled for 8% interest per annum till payment. The amount of Reservist Pension already paid to the Applicant will be adjusted against the amount of arrears.

7. This Application is accordingly disposed off, so also the Miscellaneous Application(s), if any pending.

8. No order on costs.

Sd/- x x x

(SANJIV MITTAL) MEMBER (A) Ssy/-

Sd/- x x x

(GOVERDHAN BARDHAR) MEMBER (J)