ARMED FORCES TRIBUNAL, REGIONAL BENCH, JAIPUR (CIRCUIT BENCH, JODHPUR)

(Through Video Conferencing)

15.

OA No 189/2024 with MA No 293/2024 No-2846748 Ex Rest Nathu Singh, S/o Late Shri Alsi Singh, R/o VPO-Tekra, Tehsil-Phalodi, District-Jodhpur (Rajasthan) – 342301 …. Applicant Versus

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

2. The Chief of the Army Staff, Army Headquarters DHQ PO, New Delhi – 110011

3. The PCDA (P), Draupadi Ghat, Allahabad (UP)-211014

4. Records RAJRIF, PIN-900106, C/o 56 APO …. Respondents For Applicant : Mr. DS Rathore, Advocate, For Respondents : Dr. Samir Shrimali, Advocate CORAM HON’BLE MR. JUSTICE GOVERDHAN BARDHAR, MEMBER (J)

HON’BLE MR SANJIV MITTAL, MEMBER (A)

O R D E R

12.02.2025

1. By way of this Application under Section 14 of the Armed Forces Tribunal Act 2007, the Applicant has filed this OA praying for directing the Respondents to revise his Reservist Pension @ Rs. 11420/- pm wef 01.01.2016 in terms of Rule 155 of Pension Regulations for the Army, 1961 (Part-1) and that the arrears be paid along with interest @ 8% per annum.

2. Brief facts as enunciated by the Applicant are that the Applicant was enrolled in the Army on 17.03.1958 and on completion of combined colour and reserve service, he was discharged from Service and was granted Reservist Pension for life On implementation of 6^th CPC, the Applicant has been granted Reservist Pension @ Rs. 3500/- pm wef 01.01.2006. GoI, MoD vide letter Nos PC 10(1)/2009-D(Pen/Pol)

the regular Sepoys wef 01.07.2009 and 24.09.2012 respectively, however, the Reservist Pensioners have been excluded for revision of Pension wef 01.07.2009 and 24.09.2012. Therefore, Reservist Pension of the Applicant was not revised wef 01.07.2009 and 24.09.2012. Thereafter, Service Pension of pre-01.07.2014 pensioners was again revised wef 01.07.2014 under OROP Scheme vide PCDA (P) Circular No 555 dt 04.02.2016, however, again the Reservist Pensioners were excluded for revision of Reservist Pensioners under OROP Policy, though the Reservist were pre 01.07.2014 retirees. On implementation of 7^th CPC, the Reservist Pension has been granted @ 9000/- pm wef 01.01.2016 without taking into consideration the three upgradations to the regular Sepoys wef 01.07.2009, 24.09.2012 and 01.07.2014. The Applicant submits that taking into consideration of above facts, the Applicant’s Reservist Pension should be fixed at Rs. 11,420/- pm wef 01.01.2016 and not Rs. 9000/- pm. The Applicant has placed reliance on this Tribunal Order dt 28.08.2019 in OA No 43/2018 in the case of Ex Rest Balwant Singh Vs UOI & Ors and submitted that he is eligible for revision of Reservist Pension wef 01.01.2016.

3. The Respondents have filed a detailed reply and submitted that the Reservist Pension of the Applicant was rightly revised to Rs. 3500/- per month wef 01.01.2006 and Rs. 9000/- pm wef 01.01.2016 as per the recommendations of 6^th and 7^th CPC. The provisions of GoI, MoD letter dt 08.03.2010 are not applicable to the Reservist Pensioners, therefore the Applicant is not entitled for revision of Pension wef 01.07.2009. Further, the provisions of PCDA (P) Circular Nos 501 dt 17.01.2013 and 555 dt 04.02.2016 are also not applicable for Reservist Pensioners, therefore the Applicant is not entitled for revision of Reservist Pension, as prayed for.

4. It is not in dispute that the Applicant is in receipt of Reservist Pension which Pensioners have been excluded from Revision of Pension wef 01.07.2009, 24.09.2012 and 01.07.2014 vide PCDA (P) Circular Nos 430 dt 10.03.2010, No 501 dt 17.01.2013 and No 555 dt 04.02.2016 respectively.

5. We have heard both the parties and perused the material placed on record.

6. On perusal of GoI, MoD letter dt 08.03.2010, 17.01.2013 and PCDA (P) Circular No 555 dt 04.02.2016, it is clear that the Reservist Pensioners have been excluded for revision of Pension. Further, a detailed justification is not required in this case as the cases of s