GhanshyamPrasad
Issue notice to the respondents..
Mr. Anil Khurana, CGC accepts notice on behalf of the respondent Nos. 1 and 3.
This is an application under Section 14/15 of the Armed Forces Tribunal Act, 2007 for grant of revised pension.
Heard learned counsel for both the parties and perused the documents annexed by the learned counsel for the petitioners.
The petitioners, 13 in number, retired from the Army service prior to 01-01-2006 on completion of their normal tenure of service in the rank of Havildar. After retirement, they were granted Honorary rank of Naib Subedar. As per Entitlement Rules existed at that time, they were being paid a sum of Rs. 100/- for Honorary Naib Subedar in addition to their pension as Havildar.
Their grievance is that consequent upon the acceptance of the recommendations of 6th Pay Commission by the Central Government, the Honorary Naib Subedars were granted the pension of Naib Subedar by taking this as a regular promotion for the purpose of fixation of pay and grade pay for pension in accordance with the Ministry of Defence letter dated 12-06-2009 to only those individuals, who retired on or after 01-01-2006. However, this benefit was not extended to the individuals, who retired prior to 01-01-2006.
A similar matter was placed for consideration before this Tribunal in OA No. 42 of 2010 (Varinder Singh and others vs. Union of India and others). After taking into consideration of various rules and regulations as well as the above letter dated 12-06-2009, it has ultimately been decided on 8-02-2010 that the benefit of the instructions contained in the said letter be extended to those individuals, who also retired prior to 01-01-2006. Accordingly, the direction was issued to the respondents to extend the benefit of above letter dated 12-06-2009 to
Against that order, the Union of India preferred SLP before the Honble Supreme Court, which was ultimately dismissed. In other words, the order dated 8-02-2010 passed in OA 42 of 2010 has been affirmed by the Apex Court.
Under the facts and circumstances of the case, we are of the view that all the petitioners are also entitled to get the benefit of the aforesaid letter dated 12-06-2009 w.e.f. 01-01-2006.
Accordingly, this application is allowed. The respondents are directed to re-assess their pension in terms of the above letter and release their revised pension and pay the arrears subject to verification regarding Honorary rank of Naib Subedar to the petitioners after their retirement, within four months from the date of receipt of this order.