COURT No.3 ARMED FORCES TRIBUNAL PRINCIPAL BENCH: NEW DELHI 75. OA 1700/2017 Maj S D Sharma (Retd) ses Applicant VERSUS Union of India and Ors. .... Respondents For Applicant : Mr. Anil Srivastava, Advocate For Respondents : Gp Capt Karan Singh Bhati, Sr CGSC CORAM HON’BLE MS. JUSTICE ANU MALHOTRA, MEMBER (J) HON’BLE LT GEN P.M. HARIZ, MEMBER (A) ORDER 31.01.2023 The applicant filed the present OA seeking the following reliefs:- “(a) To direct the Respondents to grant pension of Lt Col (TS) rank with rank pay of Mayor w.e.f. 01.01.1996. (hb) Grant the arrears of pension with with interest @ 12% thereat. () That the DGR be directed to enroll the applicant for any suitable rehabilitation scheme being 100 disabled soldier. (2) That the Applicant be awarded cost of the litigation @ Rs. 50,000/- (e) To 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 ciurcumstances of the case.” 1of 12 OA 1700/2017 — Maj S D Sharma (Retd)2. A catena of verdicts has been relied upon on behalf of the applicant in the verdict of the Hon’ble Supreme Court in Civil Appeal No. 5591/2006 titled as KS Buttar_vs UOI &Ors decided on 31.03.2011, in Special Leave Petition (Civil) No. 12357/2006 titled as UOJ & Anr__vs SPS Vains (Retd) & Ors decided on 09.09.2008, in OA no. 256/2011 titled as Maj Gen K.G Thomas vs VOI &Ors decided on 19.12.2012 by AFT (PB), in OA no. 138/2013 titled as Lt Cdr B. R Sharma vs UOI &Ors decided on 29.05.2015 by AFT (PB), and in OA no. 268/2018 titled as Ex Commander SP Ilangovan (Retd) vs UOI &Ors decided on 21.09.2021 by AFT (RB) Chennai submitting inter alia to the effect that in terms of the policy decision dated 21.11.1997 No. 1(5)/97/D(Pay/Services) which relates to pay and allowances of Armed Forces Officers which reads to the effect:- “In continuation of this Ministry's Resolution No, 1(3)/97/D(Pay/Services) dated 13th October 1997 notitied in the Gazette of India dated 16th October 1997 regarding implementation of pay and allowances etc. of the Armed Forces Officers as a result of the recommendations of the Fifth Central Pay Commission, / am directed to convey the sanction of the President for the following improvement of the pay scales of the otticers with eftect trom 1-1-1996 :- (a) Mayors and equivalent Officers who become substantive Mayors or equivalent on or atter I-1-1996 will be granted the scale of Lt 2 of 12 OA 1700/2017 — Maj S D Sharma (Retd)Colonel or equivalent on their stagnation for one year in the revised scale of Major or equivalent. Such otticers will, however, continue to draw the rank pay for majors or equivalent. As_a onetime measure, however, those who become substantive Maiors or equivalent before 1-1-1996, will be granted the scale of Lt Colonel or equivalent on completion of 21 years of commissioned service 1.e. in their 22nd year with the rank pay of Major. (b) Officers under training The existing stipend of Rs. 8,000/- given to ofticer trainees may be converted to "Pay' for all purposes on successtiul completion of training. However, the period of training will not be treated as commissioned service.” (emphasis supplied) submitting thus that the applicant in the instant case who was commissioned in the Corps of Signal as 2"4 Lieutenant on 12.01.1969 in SHAPE-1 category after having been thoroughly examined medically by a duly constituted Medical Board, and after having rendered more than 21 years of service (21 years, 4 months and 10 days) was invalided out of service in May 1990 which date of invalidation is brought out to be 22.05.1990 (as per averments made in the counter affidavit of the respondents) with it having been submitted on behalf of the applicant that in view of the recommendations of the 5th CPC and 6th CPC having been 3 of 12 OA 1700/2017 — Maj S D Sharma (Retd)accepted by Gol in respect of grant of substantive promotion to the officers of the Army