ARMED FORCES TRIBUNAL, REGIONAL BENCH, JAIPUR

26.

OA No 157/2019 with MA No 179/2019 IC-25219A Lt Col Jaswant Singh (Retd), S/o Sh. Manohar Singh, R/o 111, Rathore Nagar, Queens Road, Jaipur (Rajasthan) - 302021 .… Applicant Versus

1. The Union of India, through the Secretary, Ministry of Defence, South Block, Govt of India, New Delhi-110011

2. Additional Directorate General of Manpower (Policy/Planning), Adjutant General’s Branch (MP-5), IHQ of MoD (Army), West Block-III, RK Puram, New Delhi – 110066

3. PCDA (P), Draupadi Ghat, Allahabad (UP) – 211014 …. Respondents For Applicant : Ms Anjali Minocha, Advocate, Proxy for Mr SB Singh/Ms Savita Singh, Advocate For Respondents : Mr Pyare Lal, Advocate CORAM HON’BLE MR. JUSTICE GOVERDHAN BARDHAR, MEMBER (J)

HON’BLE MR SANJIV MITTAL, MEMBER (A)

O R D E R

20.08.2025

1. By way of this Application under Section 14 of the Armed Forces Tribunal Act 2007, the Applicant has prayed for the following reliefs:-

(a) That the Application of the Applicant be allowed and the Pension of the Applicant in the retiring rank of Lt Col be re-fixed by taking into account the last pay drawn by him at the time of retirement, corresponding to the notional pay in the pay scales initiated by the 6^th CPC.

(b) Direct the Respondents to fix pension of Applicant in terms of judgment of Hon’ble Apex Court in the case of UOI & Ors Vs SPS Vains & Ors by considering the Applicant at par with post 01.01.2006 retirees for pension fixation in the corresponding rank.

(c) That the arrears of pension be paid along with 12% interest per annum.

(d) Any other relief which the Hon’ble Tribunal considers appropriate in the matter may be passed in favour of Applicant.

2. Brief facts of the case are that the Applicant was commissioned in the Army on 13.06.1971 and after rendering 33 years, 2 months and 18 days of service, he was discharged from Service on 31.08.2004 in the rank of Lt Col. At th the time of his retirement, he was in pay scale of Rs. 13500-400-17100 as per 5 CPC. As per qualifying service of more than 33 years, he was granted Service Pension @ Rs. 14,025/- pm vide PPO dt 30.07.2004, ie., based on Basic Pay Rs. 17,100/- + Rs. 9350/- (DP) + Rs 1600/- (Rank Pay) = Rs. 28,050/- (average emoluments for last ten months). Govt of India, vide letter No 45/10/98-P&PW (A) dt 17.12.1998 directed that wef 01.01.1996, pension of all pensioners irrespective of their date of retirement shall not be less than 50% of the minimum pay in the revised scale of pay introduced wef 01.01.1996 of the post th last held. Thereafter, on implementation of 6 CPC, Govt of India vide letter No 17(4)/2008 (1) (Pen/Policy) dt 11.11.2008 directed that the consolidation of pension will further be subject to the condition that consolidated pension, in no case shall be lower than 50% of the minimum of the pay in the pay band plus the grade pay corresponding to the pre-revised scale from which the pensioner had retired/ discharged, including the military service pay (MSP) and Group Pay, where applicable. The Applicant submits that the fundamental anomaly is that th on implementation of 6 CPC, the pension of pre 01.01.2006 retiree was to be th fixed at the minimum of pay in the pay band as invoked in the 6 CPC and not the minimum of pay band. If the minimum of pay band is granted than his all the benefits of long service of 33 years get automatically eliminated, and sure that was not the intention of Hon’ble Central Pay Commission nor of the Govt of India. Obviously the fixation ought to be comparative pay band scales as per th last pay scales of the 5 CPC. The Applicant had the benefit of full pensionary service of 33 years and was at the pay scale of Rs. 17,100/- plus rank pay at the time of retirement. Therefore, correspondingly he ought to have been fixed at th the pay band of his service and 5 CPC pay scales which comes to Rs. 30,025/- pm instead of Rs. 26,265/- pm. The revised tables have been made effective wef 01.01.2006 vide PCDA (P) Circular No 548 dt 11.0