ARMED FORCES TRIBUNAL, REGIONAL BENCH, JAIPUR

19.

OA No 66/2022 with MA No 107/2022 JC-273817Y Ex Hony Lt Suresh Chand Yadav, S/o Shri Ram Yadav, R/o Village-Sirod Khurd, Post-Sarai Kala, Tehsil-Mundawar, District-Alwar (Raj) …. Applicant Versus

1. Union of India, Ministry of Defence, South Block, New Delhi – 110011 (Through its Defence Secretary)

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

3. The Record Officer, Records The Artillery Regiment …. Respondents PIN-908802, C/o 56 APO For Applicant : Mr Budh Ram, Advocate For Respondents : Mr Pyare Lal, Advocate, proxy for Mr. Pradeep Mathur, Advocate CORAM HON’BLE MR. JUSTICE GOVERDHAN BARDHAR, MEMBER (J)

HON’BLE MR. SANJIV MITTAL, MEMBER (A)

O R D E R

05.01.2026

1. The above Original Application has been filed by the Applicant under the provisions of Section 14 of the Armed Forces Tribunal Act, 2007, praying for the following reliefs:-

(a) To direct the Respondents to step up service pension of the Applicant to Rs. 41,352/- (16,090 x 2.57) wef 01.09.2016 to remove anomaly instead of Rs. 35,800/- granted for Honorary Lieutenant for 30 years service in the interest of natural justice.

(b) The Hon’ble Tribunal may quash any letters or orders to avert in stepping up service pension of the Applicant wef 01.09.2016 in the interest of natural justice.

(c) The Hon’ble Tribunal may pass any such other and further order or orders as this Hon’ble Tribunal may deem fit and proper in the interest of justice and in the facts and circumstances of the case.

2. Brief facts of the case are that the Applicant was enrolled in the Army on 13.08.1986 and after rendering more than 30 years of qualifying service, he was discharged from Service on 31.08.2016 for which he was granted Service Pension @ Rs. 11,970/- pm wef 01.09.2016 for the rank of Subedar (Group Y). Since the Applicant was granted Honorary rank of Lieutenant on 15.08.2016 on active list, his Service Pension was revised to Rs. 15,465/- pm in the rank of Hony Lt wef 01.09.2016 vide Corr PPO No S/Corr/50820/2016. On implementation of 7^th CPC, Service Pension of the Applicant has been revised to Rs. 35,800/- pm wef 01.09.2016, as applicable to the rank of Hony Lt. On implementation of 7^th CPC, the Applicant is eligible for Service Pension @ Rs. 39,746/- pm, after applying multiplication factor of 2.57 with the existing Service Pension (15,465 x 2.57 = Rs. 39,746/- pm), however, he has been granted Service Pension @ Rs. 35,800/- pm only wef 01.09.2016. Further, as per OROP-1, Service Pension of Subedar (Group Y) with 30 years of Service has been fixed @ Rs. 16,090/-pm wef 01.07.2014 and, hence, on implementation of 7^th CPC, after applying multiplication factor of 2.57, his Service Pension should have been fixed @ Rs. 41,352/- pm (16090x2.57 = Rs. 41,352/- pm). The Applicant submits that Govt of India, vide their letter dt 07.11.2015 has implemented “One Rank One Pension” (OROP) Scheme for Armed Forces personnel wef 01.07.2014 which implies that uniform pension be paid to the Armed Forces Personnel retiring in the same rank with same length of service regardless of their date of retirement. Accordingly, Govt of India, vide their letter dt 03.02.2016 notified the OROP Scheme with provisions that the benefits of the scheme shall be implemented wef 01.07.2014 to all pre- 01.07.2014 pensioners. The Applicant submits that the word “Pre 01.07.2014” is ultra-virus which needs to be quashed and set-aside. The Applicant made representation and issued Legal Notice for stepping up of his Service Pension as per the provisions of OROP and 7^th CPC, but the Respondents paid no heed.

Therefore, the aggrieved Applicant has filed present OA.

3. The Respondents have filed a detailed reply. While not disputing the basic facts presented by the Applicant, the Respondents have submitted that the Applicant is a post 01.07.2014 retiree, therefore, the provisions of OROP-I (PCDA (P) Circular No 555 dt 04.02.2016) are not applicable to him. Further, on implementation of 7^t