Ex CPO Guman Singh (Navy) vs UOI & Others on 9 December 2021

**O R D E R**

**09/12/2021**

1. By way of this Application under Section 14 of the Armed Forces Tribunal Act 2007, the Applicant has prayed for directing the Respondents to sanction and pay the Pension of Chief Petty Officer (CPO QA1), the last rank held wef the date of his retirement ie,. 01/1/1994.

2. Brief facts of the case as enunciated by the Applicant are that, the Applicant was enrolled in the Navy on 25/9/1974 as Boy's Entry and introduced to Oath of Allegiance on 05/12/1975. The Applicant retired from service on 31/12/1993 in the rank Chief Petty Officer. The Applicant was promoted to the rank of CPO QA1 on 10/12/1993 with back date seniority wef 01/7/1993 vide CABS Promotion Order dated 31/10/1993. However, the Applicant was granted Pension of Petty Officer that is one rank junior to the one he retired ie, one scale lower than the last rank held vide PPO dated 30/12/1993. The Applicant made several Representations including through Zila Sainik

Board, Jodhpur and also served a Legal Notice dated 26/9/2020, but the Respondents paid no heed to the plea of the Applicant. The Learned Counsel for the Applicant further submitted that non grant of Pension to the Applicant for the last rank held is no longer *re integra* in view of the numerous judgments by various Benches of the Armed Forces Tribunals and amplification given by the Govt of India letters dated 09/2/2001 and 22/2/2001 in which it is held that the pre requisite of personnel below officer rank having to serve in a rank/group for 10 months before retirement has been amended and it had been clarified that the condition of 10 months is no longer required. The requirement of 10 months condition was altogether abrogated with effect from 01/1/2006 on the recommendation of 6^th CPC including for the pre 2006 retirees. The Learned Counsel for the Applicant placed reliance on the Judgments of various Benches of the Armed Forces Tribunal including Hon'ble Principal Bench in the cases of JWO Bharat Singh Khatana Vs UOI in TA No 339/2010, decided on 29/10/2001, this Tribunal in the case of Mahendra Singh Godara Vs UOI in OA No 253/2011, decided on 24/1/2012. Further, based on the judgment of this Tribunal in the case of Ex CPO AF Ganan Ram Punia Vs UOI in OA No 187/2013, decided on 29/8/2013, the case of the Applicant also squarely covered and he is eligible for grant of relief from the date of his retirement. Aggrieved by the non action of the Respondents the Applicant filed the present OA praying for grant of Pension as admissible for the rank of Chief Petty Officer wef 01/1/1994.

3. The Respondents, on the other hand, filed a detailed Reply Statement and the Learned Counsel appearing for the Respondents submitted that the Applicant joined the Navy on 25/9/1974 and was discharged from Service on 31/12/1993 after completion of 18 years and 26 days of qualifying service. He was promoted to the rank of CPO wef 01/7/1993 and thus had served in the rank for 6 months only ie, 01/7 to 31/12/1993. As per policy in vogue at that time, since he had not completed minimum requisite period of 10 months in the rank of CPO, he was sanctioned Service Pension in the rank of Petty Officer vide PPO dated 20/12/1993. It has been clarified by the PCDA (P) vide letter dated 13/10/2014 that as specified in Govt of India letter dt 09/2/2001, the

pension of all Pre-1996 retiree Armed Forces Personnel will be revised on the basis of rank/group last held by the individual even if the rank/group was held for less than 10 months before retirement. Further, Pension is calculated in terms of the above Govt to the individual shall not be less than the 50% of the minimum pay in the revised scale introduced wef 01/1/1996. However, pension is revised to the Pre 1996 retirees on the basis of maximum of the pay scale held by individual more than 10 months. In view of the averments made, the Respondents prayed for dismissing then OA.

4. After going through the averments of the Learned Counsels and the material available on record, the following facts emerge:- (a) The Applicant was promoted to the rank of CPO wef 01/7/1993 vide BOP 04/93 dated 20/12/1993.

(b) The Applicant had served for 6 months in the rank from Jul to Dec 1993.

(c) Applicant was Discharged from service on 31/12/1993.

(d) Applicant was granted Service Pension for the rank of Petty Officer.

(e) Vide Reply Statement Respondents admitted that as per Govt of India, MoD letter dated 09/2/2001, the pension of all Pre 1996 retiree Armed Forces Personnel will be revised on the basis of rank/group held by the individual even if the rank/group was held for less than 10 months before retirement.

5. The issue involved in the instant case is already settled by the Hon'ble Principle Bench of the Armed Forces Tribunal in the case of JWO Bharat Singh Khatana in TA No 339/2020, decided on 29/1/2010, wherein the Applicant was granted Pension of the last rank held by him ie, of the rank of JWO. This Tribunal

has also settled a similar case in the case of Gana Ram Punia in OA No 187/2013, decided on 29/8/2013. In the same case also, the Tribunal directed the Respondents to determine the Pension of the Applicant of the last rank held by him ie, the rank of CPO AF in the light of the Notification dated 09/2/2001 wef the date of his discharge from service wef 31/12/1992. In view of this, we are of the considered opinion that the Applicant is eligible for grant of Pension of the last rank held by him as the condition of 10 months service in last rank held by the individual has been waived off by the Govt.

6. In-fine, OA is allowed and the Respondents are directed to determine the Pension of the Applicant based on the last rank held by him ie, of the rank of CPO wef the date he was discharged from service ie, wef 31/12/1993. The Pension of PO already paid will be adjusted against the arrears of CPO. The arrears shall be paid to the Applicant within a period of four months from the date of receipt of a copy of this Order, failing which, the amount shall carry interest @8% pa till the actual date of payment.

7. OA is, ordered accordingly. No order on costs.

8. MA Nos 374/2020 & 432/201 also stands Disposed Off.

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**(BOBBY CHERIAN MATHEWS)** **MEMBER (A)**

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**(RAJENDRA MENON)** **CHAIRPERSON**

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