THE HON’BLE SRI JUSTICE ABHINAND KUMAR SHAVILI AND THE HON’BLE SRI JUSTICE VAKITI RAMAKRISHNA REDDY WP.No.19580 OF 2025 JUDGMENT : (Per the Hon’ble Sri Justice Abhinand Kumar Shavili Aggrieved by the order dated 09.11.2023 passed in OA.No.138 of 2023 by the Armed Forces Tribunal, Regional Bench, Chennai, Circuit Bench, Hyderabad (for short, ‘the Tribunal’), the present Writ Petition is filed.

2. Heard Sri G.R.S. Akhileswar, learned counsel representing Deputy Solicitor General of India appearing for learned counsel for the petitioners.

3. Learned counsel for the petitioners had contended that the respondent was enrolled in the Indian Army on 13.09.1965 and was discharged from service on 26.09.1982 after rendering 17 years and 7 days of qualifying service. The respondent was granted service pension in the rank of Naik with effect from 26.09.1982, for life. Learned counsel had further contended that as per the Rules, any Army personnel who attains the age of 80 is entitled to 20% additional/enhanced pension. Learned counsel submitted that the date of birth of the respondent is ‘09.04.1944’. According to the petitioners, the respondent would complete 80 years on ‘01.04.2024’. Accordingly, the petitioners have extended the 20% additional/enhanced pension to the respondent with effect from 01.04.2024. However, the respondent was contending that since he attained the age of 80 years as on 09.04.2023, he should be paid 20% additional/enhanced pension with effect from ‘09.04.2023’, but not from ‘01.04.2024’. When the claim of the respondent for grant of additional pension with effect from 09.04.2023 was not considered, the respondent had approached the Tribunal by filing OA.No.138 of 2023 and the Tribunal vide order dated 09.11.2023 was pleased to allow the O.A. in favour of the respondent and directed the petitioners to pay the 20% additional/enhanced pension to the respondent with effect from 09.04.2023, without appreciating any of the contentions raised by the petitioners.

4. Learned counsel for the petitioners had further contended that as per the Rules, one would be entitled to 20% additional/enhanced pension only on completion of 80 years, but this fact was not appreciated by the Tribunal and mechanically allowed the O.A. in favour of the respondent. Therefore, appropriate orders be passed in the Writ Petition by setting aside the order, dated 09.11.2023 passed by the Tribunal in OA.No.138 of

2023 and allow the Writ Petition.

5. This Court, having considered the submissions made by the learned counsel for the petitioners, is of the view that a perusal of letter No.17(4)/2008(1)/D(Pen/Policy), dated 11.11.2008, passed by the Government of India, clearly states that: a. A person is entitled to 20% additional/enhanced pension from 80 years to less than 85 years of age.

b. 30% additional/enhanced pension from 85 years to less than 90 years;

c. 40% additional/enhanced pension from 90 years to less than 95 years;

d. 50% additional/enhanced pension from 95 years to less than 100 years; and e. 100% additional/enhanced pension if the person survives beyond 100 years.

6. Admittedly in the instant case, the respondent had attained 80 years as on 09.04.2023, which would mean that the respondent would be entitled to receive the 20% additional/enhanced pension from that date. The Tribunal had followed the orders of Principal Bench, AFT, New Delhi in Union of India v. Virender Dutt Gyani and the orders dated 13.10.2022 in the case of Lt. General Gorakh Nath v. Union of India (OA.No.704 of 2021) and 14.07.2022 in Sqn Ldr Yogesh Kumar Choudhary (OA.No.102 of 2022). Hence, the Tribunal was justified in allowing the O.A. in favour of the respondent. Therefore, this Court is not inclined to interfere with the orders passed by the Tribunal.

1 Civil Appeal Diary No.18133 of 2019, dated 08.07.2019

7. With the above observation, the Writ Petition is accordingly dismissed.

Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed.

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