ARMED FORCES TRIBUNAL, REGIONAL BENCH, JAIPUR S/2.

OA No 20/2022 with MA No 23/2022 No-15105154X Ex L/Nk Narsi Lal Yadav, S/o Sh. Nathu Ram, R/o Pliot No 50, Ayodhya Dham Colony, Niwaru Road, Jhotwara, Jaipur (Raj) …. Applicant Versus

1. Union of India, through Secretary, Department of Ex-Servicemen Welfare, Ministry of Defence, Govt of India, New Delhi

2. The Chief Controller of Defence Accounts, CCDA (P), Prayagraj (UP) – 211014

3. Records, Topkhana Abhilekh, Artillery Records, …. Respondents Nashik Road Camp, Nashik – 422102, APS PIN-908802 For Applicant : Mr OP Sheoran, Advocate For Respondents : Mr Brij Bihari Sharma, Advocate CORAM:

HON’BLE MR. JUSTICE GOVERDHAN BARDHAR, MEMBER (J)

HON’BLE MR. SANJIV MITTAL, MEMBER (A)

O R D E R

29.08.2025 MA No 23/2022

1. MA No 23/2022 has been filed by the Applicant for condonation of delay in filing the OA. For the reasons stated in the Application, MA 23/2022 is allowed and the delay is condoned.

OA No 20/2022

2. By way of this Application under Section 14 of the Armed Forces Tribunal Act 2007, the Applicant has prayed for directing the Respondents to issue revised PPO based on the last rank of L/Nk held by the Applicant instead of the rank of Sepoy along with consequential benefits and that the arrears be paid along with interest @ 18% per annum and compensation by way of cost for mental agony and litigation.

3. Brief facts of the case as presented by the Applicant are that the Applicant was enrolled in the Army on 23.09.1985 and was invalided out of Service wef 01.12.2002 on medical grounds in the rank of L/Nk for which the Applicant has been granted Disability Pension for life. The Applicant submits that he was invalided out of service in the rank of L/Nk, however, his rank in the PPO has been mentioned as Gunner (Sepoy) and he has been granted service pension for the rank of Sepoy instead of last rank of L/Nk. The Applicant submits that in terms of PCDA (P) Circular dated 28.12.2015 the pension is to be revised on the basis of last rank held at the time of retirement. The Applicant made representations for grant of pension for the rank of L/Nk but to no avail. Therefore, the aggrieved Applicant has filed present OA.

4. The Respondents have filed a detailed Reply Statement and while not disputing the basic facts presented by the Applicant, they have submitted that the Applicant has been granted Disability Pension @ 20% for life. As per Arty Records letter dt 12.06.2021, the Applicant has also been granted Rounding Off benefits to 50% wef 01.12.2002 vide PPO dt 29.11.2011. As regard pension for the last rank held, the Respondents have submitted that in terms of Rule 133 of Pension Regulations for the Army, 1961 (Part-1), Service Pension is assessed on the basis of the rank actually held by an individual regardless of whether it is held in a substantive or paid acting capacity and the lowest group for which he is paid. The Applicant was granted the appointment of L/Nk wef 22.12.2000 which was not a substantive or paid acting rank and on grant of the appointment of L/Nk, the individual gets an additional amount (fixed) and not an increment with no change in the Basic Pay. Since the Applicant was discharged from Service in the rank of Sepoy, the PPO in the rank of Sepoy was issued by PCDA (P) and the Service Pension of the Applicant was correctly fixed in the rank of Sepoy based on his Basic Pay last drawn by him in the rank of Sepoy.

5. We have heard Learned Counsels for both the parties and perused the material placed before us.

6. Perusal of both the Discharge Book and the PPO of the Applicant, it is revealed that the rank of the Applicant has been mentioned as Gunner (Sepoy).

7. On the issue of promotion and appointments, relevant portion of Para 147 of Regulations for the Army, 1987 (Revised Edition) reads as under:-

“147. Appointment As Lance Naik and Promotion to Non-Commissioned Rank of Naik or Equivalent.

(a) All appointments as Lance Naiks and Lance Havildars and promotions to the non-commiss