COURT No.3 ARMED FORCES TRIBUNAL PRINCIPAL BENCH: NEW DELHI 39. OA 1321/2020 with MA 1576/2020 Ex JWO Sankaran Kuttan N Potty sane Applicant VERSUS Union of India and Ors. .... Respondents For Applicant : Mr. Praveen Kumar, Advocate For Respondents : Mr. Arvind Kumar, Advocate CORAM HON’BLE MS. JUSTICE ANU MALHOTRA, MEMBER (J) HON’BLE LT GEN P.M. HARIZ, MEMBER (A) ORDER 21.02.2023 MA 1576/2020 This is an application filed under Section 22(2) of the Armed Forces Tribunal Act, 2007, seeking condonation of delay of 6870 days in filing the present OA. In view of the judgments of the Hon’ble Supreme Court in the matter of UoI & Ors Vs Tarsem Singh 2009(1) AISLJ 371 and in Ex Sep Chain Singh Vs Union of India & Ors (Civil Appeal No. 30073/2017) and the reasons mentioned, the MA 1576/2020 is allowed and the delay of 6870 days in filing the OA 1321/2020 is thus condoned. The MA is disposed of accordingly. OA 1321/2020 OA 1321/2020 — Ex JWO Sankaran Kuttan N Potty 1of6The applicant, vide the present OA makes the following prayers: a) “To direct the Respondents to revise the pension on the basis of the last rank held i.e. Junior Warrant Ofiicer (JWO)to the applicant and issue him corrigendum PPO from date of his discharge. b) To direct the Respondent to pay 12% interest on the arrears of pension and other benefits. c) To grant such other relief appropriate to the facts and circumstances of the case as deemed fit and proper.” 2. The applicant, who was enrolled in the Indian Air Force on 24.11.1982 and discharged from the Indian Air Force on 30.11.2002 in the rank of JWO which he held for the period 01.09.2002 till 30.11.2002 (i.e. for 03 months) submits that he seeks the pension for the last rank of JWO held before the retirement which has been declined to him as he had not held the rank of JWO for 10 months as per the Policy at that time. It has, however been submitted by the applicant that in view of the Govt of India/Ministry of Defence Circular dated 09.02.2001, it has been clarified that all Armed Forces pensioners irrespective of their date of retirement shall not get less than 50% of the minimum received pay as introduced w.e.f. 01.01.1996. The applicant has submitted that despite the said circular dated 09.02.2001, the PPO shows his rank as SGT for the purpose of calculation of pension though he has served as SGT for more than 8 months. He further submits that though he retired in the rank OA 1321/2020 — Ex JWO Sankaran Kuttan N Potty 2 of 6of SGT, which is duly mentioned in the Corrigendum PPO, he was not granted pension of the JWO rank, since he had not completed 10 months service in that rank 3. The respondents do not dispute the factum of the applicant having held the rank of JWO for 03 months as claimed by him for the period of 01.09.2002 till 30.11.2002, his date of discharge. 4. It cannot be overlooked that the verdict dated 29.01.2010 of the Armed Forces Tribunal (PB) in TA 339/2010 (WP(Civil) No.567/2002 of Delhi High Court) Ex JWO Bharat Singh Khatana Vs Union of India & Ors. whereby it was observed to the effect that: “According to the provisions of the Armed Forces Rules, the incumbent has to serve at least 10 months on the last rank for full pension of that post but he was not given the pension of the last rank held by him i.e. JWO. Hence, petitioner aggrieved by this filed the present petition before the Hon'ble Delhi High Court which has been transferred to this Tribunal afier formation of Armed Forces Tribunal and prayed that his pension may be given on the basis of last rank held by him. In this connection, petitioner has referred to a Notification dated 09.02.2001 whereby the Government of India, Ministry of Defence has issued a Circular implementing the Government decision on ___ the recommendations of Fifth Pay Commission relating to pensionary benefits in respect of commissioned officers and personnel below officers ranks and in that it has been clarified that all Armed Forces pensioners