ARMED FORCES TRIBUNAL, REGIONAL BENCH, KOCHI

Circuit Bench at Bengaluru

O.A.No. 96 of 2017

FRIDAY, THE 17TH DAY OF NOVEMBER, 2017/26TH KARTHIKA, 1939

CORAM:

HON'BLE MR. JUSTICE BABU MATHEW P. JOSEPH, MEMBER (J)

HON'BLE VICE ADMIRAL M.P.MURALIDHARAN, AVSM & BAR, NM, MEMBER (A)

APPLICANT:

RANK – EX JWO, ALAPE VISHNUMOORTHI BHAT

SERVICE NO. 618891 H,
SON OF MR. A. GOPAL KRISHNA BHAT,
AGED ABOUT 65 YEARS, “MANASA”,
ALAPE VILLAGE, PADIL POST,
MANGALORE (KARNATAKA)
PIN – 575 007.

BY M/S. M.K. SIKDAR & M.N. SUBRAMANI

versus

RESPONDENTS:

1. UNION OF INDIA, THROUGH THE SECRETARY

GOVT. OF INDIA, MINISTRY OF DEFENCE,
SOUTH BLOCK, NEW DELHI – 110 011.

2. THE CHIEF OF THE AIR STAFF, THROUGH

THE DIRECTORATE OF AIR VETERANS,
AIR HEADQUARTERS, SUBROTO PARK,
NEW DELHI – 110 010.

3. THE PCDA (P), DRAUPADI GHAT,

ALLAHABAD (U.P.), PIN – 211 014.

BY ADV.SRI.C.B. SREEKUMAR, SENIOR PANEL COUNSEL

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ORDER

VAdm.M.P.Muralidharan, Member (A)

The Original Application has been filed by Alape

Vishnumoorthi Bhat, Ex-JWO No.618891 H, essentially seeking

that he be granted pension for the last rank held with effect from

01 January 2006.

2. The applicant was enrolled in the Indian Air Force on 01

June 1974 and was discharged from service with effect from 01

June 1989, on fulfilling the conditions of enrolment with reserve

liability (Annexure A1). Eventhough the applicant held the rank

of Junior Warrant Officer (JWO) at the time of his discharge, he

was granted pension in the rank of Sergeant (Annexure A2).

3. Shri.M.K. Sikdar, learned counsel for the applicant,

submitted that the applicant, who was promoted to the rank of

JWO on January 1989, was denied pension in that rank on the

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ground that he had not served ten months as a JWO, but had

served only for five months. The learned counsel further

submitted that in accordance with the clarification letter issued

on 09 February 2001 on implementation of V CPC

recommendations (Annexure A3), the applicant was eligible for

pension in the rank of JWO, even if he had held the rank for

less than ten months. On becoming aware of the policy, the

applicant submitted a representation to the first respondent for

pension in the rank of JWO (Annexure A4), which was forwarded

to the second respondent for consideration, on 16 May 2016

(Annexure A5). The applicant is yet to receive any reply to the

representation.

4. The learned counsel further submitted that on 30

September 2016, the Government issued a fresh policy on

revision of pension of pre-2006 pensioners, wherein with effect

from 01 January 2006 pension was to be revised so as to be not

lower than 50% of the minimum of the pay in the Pay band plus
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Grade Pay corresponding to the pre-revised scale from which the

pensioner had retired (Annexure A6). An amplificatory letter in

this regard was also issued by the PCDA (P) vide Circular No.

568 (Annexure A7). The applicant had therefore preferred an

appeal to the respondents through his lawyer for the benefit of

the same (Annexure A8). However, it was rejected by the

respondents, stating that in accordance with the clarification on

the subject received from the PCDA (P), the revision of pension

was to be in accordance with Circular No. 555 of 04 February

2016, i.e. for the rank in which the applicant was pensioned

(Annexure A9).

5. The learned counsel further submitted that there were a

large number of Circulars on the revision of pension which

were not in consonance with the Government Orders on the

subject. The learned counsel therefore prayed that the order at

Annexure A9 be set aside and the applicant be granted pension

in the rank last held i.e. JWO with effect from 01 January 2006.
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6. The respondents submitted that the applicant on

retirement was sanctioned service pension with effect from 01

January 1989 in the rank of Sergeant. This was in accordance

with the then prevalent Regulations/Government Orders on the

subject, wherein pension was to be assessed in accordance with

the substantive rank held by the individual during the last ten

months of service qualifying for pension. The competent

authority could condone the deficiency in service for the rank

upto a period not exceeding three months. Therefore, the

applicant who had held the rank of JWO for a period of five

months, could only be granted pension in the rank of Sergeant.

7. The respondents also submitted that the earlier revision

of pension as per policy letter dated 09 February 2001

(Annexure A3), was not beneficial to the applicant and many

others like him. The respondents further submitted that the

necessity of ten months in the rank was removed with effect from
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01 January 2006 consequent to the implementation of VIth CPC

recommendations. However the proviso was initially applicable

only for personnel who retired on or after 01 January 2006. The

respondents further submitted that the applicant was now eligible

for revision of service pension for the rank in which he retired,

in accordance with Circular No.568 of PCDA (P) (Annexure A7),

with effect from 01 January 2006. Further, in accordance with

the said Circular No. 568 (Annexure A7), Pension Disbursing

Agencies were authorised to step up the pension of the affected

pre-2006 pensioners, where the existing pension being paid

to the applicants was less than the rate of pension indicated

in the above said annexure. The respondents further submitted

that the applicant was entitled to revision of pension with effect

from 01 January 2006 and there were only procedural delays

involved.

8. Heard rival submissions and perused the records.

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9. As observed, the pension of the applicant was fixed on

his discharge in accordance with the orders then prevalent,

whereby he was granted pension in the rank of Sergeant as he

had held the rank of JWO only for a period of five months. While

the applicant has quoted a number of letters and PCDA(P)

Circulars in support of his claim for revised pension, as stated,

he was denied revision of pension despite his appeal dated

14 October, 2016 (Annexure A8). It is observed that denial of

revision of pension was based on a clarification issued by the

PCDA (P) on 04 April 2016, which is based on Circular Nos. 551

dated 28 December 2015 and 555 dated 04 February 2016.

Since then the Government has issued a fresh policy letter

No.1(2)/2016-D(Pen/Pol) dated 30th September 2016, wherein

revision of pension of pre-2006 pensioners was to be carried

out based on the rank in which they had retired (Annexure A6).

The policy letter also clarifies that pension was to be revised

with effect from 01 January 2006. The relevant portions of the

policy letter are as follows:

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“4. Now, GOI, Ministry of Personnel, PG &

Pensions, Department of Pension & Pensioners'
Welfare has issued O.M.No.38/37/08-P&PW(A) dated
06.04.2016 for delinking of Qualifying Service with
pension for revision purpose. Therefore, it has been
decided that w.e.f. 1.1.2006, revised consolidated
pension and family pension of pre-2006 armed forces
pensioners shall not be lower than 50% and 30%
respectively of the minimum of the pay in the Pay
band plus Grade Pay corresponding to the pre-
revised scale from which the pensioner had
retired/discharged/ invalided out/died including
Military Service Pay and X group pay, if any, without
pro-rata reduction of pension even if they had
rendered qualifying service of less than 33 years at
the time of retirement. Accordingly, Para 5 of this
Ministry's letter dated 11.11.2008 would stand
modified to this extent.

5. Revised tables indicating minimum

guaranteed retiring/service pension and ordinary
family pension have been annexed to this letter as
follows:-

Annexure A for commissioned officers (ICOs)

Annexure B for Army Pensioners (JCOs/ORs)
Annexure C for Air Force Pensioners (JCOs/ORs)
Annexure D for Navy pensioners (JCOs/ORs)
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Pension Disbursing Agencies (PDA) are hereby

authorised to step up the pension/family pension of
the affected pre-2006 pensioners where the existing
pension being paid to the pensioners, is less than the
rate of pension indicated in above said annexures.
Necessary implementation instructions to all concerned
shall be issued by Principal CDA (Pensions), Allahabad.

6. The provisions of this letter shall take effect

from 01.01.2006 and arrears, if any, shall be payable
from 01.01.2006. Further, the pension/Family Pension
of the Armed Forces Personnel has been revised a
number of times in past vide various letters issued by
this Ministry, therefore, if pension already revised w.e.f.
01.01.2006, 01.07.2009, 24.09.2012 & 01.07.2014
(OROP) under respective Govt. orders happens to be
more than this amount then Retiring/Service and Family
Pension as per above orders will continue to be paid as
basic pension during that period.”

10. The PCDA(P) Circular No. 568 dated 13 October 2016

promulgated the above Government policy and also issued

necessary clarifications to Pension Disbursement Authorities. The

revised policy as well as the PCDA (P) Circulars clarify that

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revised pension shall be disbursed with effect from 01 January

2006 and in respect of pre-2006 pensioners it shall not be less

than 50% of the minimum of the pay in the Pay band plus

Grade Pay corresponding to the pre-revised scale from which the

pensioner had retired. The respondents also submitted that the

applicant is eligible for revised service pension with effect from

01 January 2006. It is therefore evident that the applicant is

entitled to revision of pension for the rank last held by him viz.

JWO with effect from 01 January 2006, as prayed for in the

Original Application and grant of the same has been delayed only

on account of delay for issue of corrigendum PPO.

11. In view of the reasons stated hereinabove, the Original

Application is disposed of directing the respondents to issue

necessary corrigendum PPO granting revised pension to the

applicant with effect from 01 January 2006 in accordance with

PCDA(P) Circular No. 568 (Annexure A7), within a period of three

months from the date of receipt of a copy of this Order and pay
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arrears due to the applicant within a further period of two

months.

12. There will be no order as to costs.

13. Issue free copy of this order to both sides.

Sd-/- Sd/-
VICE ADMIRAL M.P. MURALIDHARAN, JUSTICE BABU MATHEW P. JOSEPH,
MEMBER (A) MEMBER (J)
tm.

/True Copy/

Prl. Private Secretary