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Tribunals and CommissionsDivision Bench(2019) 12 AFT CK 0004

Om Prakash vs Union Of India And Others

Armed Forces Tribunal · Decided on 10 December 2019

HON’BLE JUDGES
Sunita Gupta, J · Philip Campose, Member (A)
RESULT
Allowed
CASE NUMBER
Original Application No. 2126 Of 2019
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Judgment

20 paragraphs · 396 words
1.

Heard. Admit.

Issue notice to the respondents. Mr. Tarunvir Singh Khehar, Advocate accepts notice on behalf of the respondents.

Counsel for the applicant submits that this case is totally covered by number of judgments which is not disputed by counsel for the respondents.

However, it is submitted that subject to verification, appropriate order may be passed.

Vide separate order, OA stands disposed of.

By virtue of this OA, the applicant, who was enrolled in the Indian Army on 16.11.1963 and was discharged on 30.11.1987 in the rank of Havildar,

and was granted the Honorary rank of Naib Subedar (Hony Nb Sub) seeks service pension in the rank of 'Nip Sub' w.e.f. 01.01.2006 on the basis of

Govt. of India (MoD) letter dated 12.06.2009.

2.

We find that the grant of pension to pre -2006 is covered squarely by the order dated 08.02.2010 of the AFT (RB), Chandigarh in O.A. No. 42 of

2010 titled as Virender Singh & Ors. Vs. Union of India & Ors., as affirmed by the Honble Apex Court vide its order dated 13.12.2010, dismissing the

appeal of Union of India against the aforesaid order in S.L.P. (C) CC No. 18582 of 2010. Similarly, the Honble Apex Court hi Civil Ap_p_eal No.

4677 of 2014 titled Union of India & Ors. Vs. Subhash Chander Soni had, vide its order dated 20.05.2015, dismissed the appeal of Union of India

again AFT order in O.A. No. 3305 of 2013. Subsequently, Govt. of India (MoD) has cleared the grant of pension in the rank of Nb Sub to personnel

who retire in the rank of Havildar and were granted Honorary rank of Nb Sub vide its letter No. F.A. 3(8)/2013/D (Pension/Legal) dated 30.10.2017.

3.

Hence, we allow the instant OA. Subject to verification, respondents shall re-fix the pension of the applicant in the rank of Nb Sub w.e.f.

01.01.2006 on the basis of Government letters dated 12.06.2009 and 30.10.2017, within a period of four months from the date of receipt of a copy of

this order. The amount of Rs. 100/- per month, which has already been paid to the applicant after 01.01.2006, shall be adjusted against the due amount

as per this order and the payment of that amount shall be discontinued. Non-payment of arrears within a period as stipulated above shall attract

interest g. 8% per annum.

4.

No order as to costs.