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  • Wednesday, 27 July 2016

    HAVILDAR-HON SUB CASE WON IN AFT KOCHI OA 69/2016 & OA 71/2016( APPLICABLE ONLY TO PETITIONERS)



    ARMED FORCES TRIBUNAL, REGIONAL BENCH, KOCHI
    O.A.No. 69 of 2016
    MONDAY, THE 4TH DAY OF JULY, 2016/13TH ASHADHA, 1938
    CORAM:
    HON'BLE MR. JUSTICE S.S. SATHEESACHANDRAN, MEMBER (J)
    HON'BLE VICE ADMIRAL M.P.MURALIDHARAN, AVSM & BAR, NM, MEMBER (A)
    APPLICANT:
    NO.13937814 M EX- HAV (HONY NB/SUB) RAJAN PILLAI.V.K.,
    AGED 62 YEARS, AMC, S/O LATE SHRI KUTTAPPAN PILLAI,
    ABHILASH BHAVAN, MALAYALAPUZHA, THAZAM PO.,
    PATHANAMTHITTA -DISTT, KERALA STATE – 689 666.
    BY ADV. SRI. C.R. RAMESH.
    Versus
    RESPONDENTS:
    1. THE UNION OF INDIA, REPRESENTED BY THE
    SECRETARY, MINISTRY OF DEFENCE (ARMY),
    SOUTH BLOCK, NEW DELHI -110 001.
    2. THE CHIEF OF ARMY STAFF,
    INTEGRATED HQRS, MINISTRY OF DEFENCE,
    SOUTH BLOCK, NEW DELHI -110 001.
    3. THE PRINCIPAL CONTROLLER OF DEFENCE
    ACCOUNTS (PENSION),
    DRAUPADI GHAT, ALLAHABAD, UTTARPRADESH – 211 014.
    4. THE OIC RECORDS,
    ARMY MEDICAL CORPS,
    LUCKNOW CANTT., UTTARPRADESH – 226 002.
    , BY ADV.SRI. TOJAN J.VATHIKULAM, CENTRAL GOVERNMENT COUNSEL.
    -: 2 :-
    ORDER
    Satheesachandran, Member (J):
    The applicant, V.K. Rajan Pillai, is an Ex-serviceman, who retired from the Army Medical Corps, Indian Army in the rank of Havildar and was subsequently granted Honorary rank of Naib Subedar. He has filed the above application under Section 14 of the Armed Forces Tribunal Act, 2007 (for short 'the Act') for a declaration that he is entitled to the benefit of Annexure A3 letter and revision of basic pension at par with Naib Subedar. He has further sought for issue of a direction to the respondents to pay
    him pension in the rank of Naib Subedar revising it from 1.1.2006 and corresponding revision w.e.f. 12.6.2009 along with the entire arrears.
    2. The applicant has claimed benefits under Annexure A3 letter No.1(8)/2008-D(Pen/Policy) dated 12th June, 2009 issued by the Government of India, Ministry of Defence (Department of Ex-serviceman Welfare), New Delhi. Under the aforesaid letter, Havildars who have been conferred Honorary rank of Naib

    -: 3 :-Subedar have been granted regular pension w.e.f. 1.1.2006 providing them notional promotion of higher grade of Naib Subedar. That letter reads thus:
    “I am directed to say that in pursuance of  Government decision on the recommendations of the Sixth Central Pay Commission contained in Para
    5.1.62 of Chapter V of the Report, the President is pleased to decide that Honorary rank of Naib Subedar granted to Havildars will be notionally
    considered as a promotion to the higher grade of Naib Subedar and benefit of fitment in the pay band and the higher grade pay will be allowed notionally
    for the purpose of fixation of pension only. Accordingly, additional element of pension of Rs.100/- pm payable to Havildars granted Hony rank
    of Naib Subedar as per Regn.137 of Pension Regulations for the Army Part-I (1961), amended vide this Ministry's letter No.1(1)/88/D(Pen/Sers)
    dated 6.11.1991 will cease to be payable. The notional fixation of pay in the rank of Naib Subedar will not be taken into account for payment of
    retirement gratuity, encashment of leave, composite transfer grant etc.
    2. This letter takes effect from 1st January 2006.

    -: 4 :-3. This issues with the concurrence of Finance Division of this Ministry vide their UO No.2351/Finance/Pension dated 3.6.2009”. 3. Though the applicant had retired from the rank of Havildar since he was conferred the Honorary rank of Naib Subedar subsequently he was entitled to have his pension refixed
    in the Honorary rank of Naib Subedar w.e.f. 1.1.2006, is his case for the declaration sought for and the consequent monetary benefits thereto.
    4. The respondents have resisted the claims of the applicant contending that the benefits under Annexure A3 letter are available only to those who retired on or after 1.1.2006. The applicant and similarly situated persons, who retired prior to or before 31.12.2005, are not entitled to the benefits conferred under Annexure A3 letter, according to them. The applicant who
    was discharged from service w.e.f. 1.6.1998 i.e. much prior to 1.1.2006, is not entitled to have revision of pension in the rank of Honorary Naib Subedar which was conferred to him subsequent to his retirement, is the contention of the respondents stating O.A.No. 69 of 2016
    -: 5 :-
    that Annexure A3 letter is inapplicable to him. 5. We heard learned counsel for the applicant, Shri.C.R.Ramesh and the Central Government Counsel Shri.Tojan J Vathikulam, who appeared for the respondents.
     6. The issue involved in the case is no longer res integraas it has already been resolved under the Common Order passed
    in O.A.No.100 of 2012 and connected cases by this Tribunal on
    21st August 2012, which had been moved by similarly placed personnel like the applicant in the present O.A., Havildars conferred with rank of Naib Subedar after retirement and all of whom pre-2006 retirees, claiming the benefit under Annexure A3 letter issued by the Government of India. Repelling the objections canvassed by the respondents that Annexure A3
    letter is applicable only to post-2006 retirees this Tribunal has concluded that pre-2006 retirees who had been granted Honorary rank of Naib Subedar after retirement are also entitled to the benefits under the letter w.e.f. 1.1.2006 subject to the condition that the sum of Rs.100/- per month paid to them after
    O.A.No. 69 of 2016
    -: 6 :-
    1.1.2006 in terms of Government Order No.1(1)/88/D(Pen/Sers) dated 6.11.1991 has to be adjusted against the amount due on refixation of their pension. Analysing the recommendation of the VI Pay Commission, acceptance of which form the basis of Annexure A3 letter, this Tribunal has expressed the view that neither the Commission nor the Government made any distinction between Havildars of pre and post-2006 retirees, who, after
    retirement, had been granted Honorary rank of Naib Subedar, in refixation of their pension in the Honorary rank w.e.f. 1.1.2006. Decision rendered by the Armed Forces Tribunal, Chandigarh Bench and also Lucknow Bench, wherein similar view was taken in identical cases, were also taken note of in passing the common order in O.A. No.100 of 2012 and connected cases to
    hold that the applicants in those cases, pre-2006 retiree Havildars, who had been conferred Naib Subedar rank after their retirement, are entitled to the benefit of Annexure A3 letter of the Government.
    7. The Original Application is allowed declaring that the applicant is entitled to the benefits of Annexure A3 letter
    O.A.No. 69 of 2016
    -: 7 :-
    No.1(8)/2008-D-P(Pen/Policy) dated 12.6.2009 issued by the Government of India, Ministry of Defence (Department of Exserviceman Welfare), New Delhi w.e.f. 1.1.2006. The respondents are directed to make payment of the due amount to the applicant within three months, including the entire arrears to be computed w.e.f. 1st January 2006. Amount of Rs.100/- per
    month, which has already been paid to the applicant after 1.1.2006 in terms of Government letter No.1(1)/88/D(Pen/Sers) dated 6.11.1991, shall be adjusted against the due amount as per this Order and payment of that amount of Rs.100/- shall be discontinued.
    8. There will be no order as to costs.
    9. Issue free copy of this order to both sides.
    Sd/- Sd/-
    VICE ADMIRAL M.P. MURALIDHARAN, (MEMBER (A)
    JUSTICE .S.SATHEESACHANDRAN, (MEMBER (J)

    21 comments :

    1. Shameless respondents have nothing to loose or justify any absurd action they may take. Will all concerned Babus be denied their increments as per the intention of the government as they have wasted so much of national time and resources just to satisfy their ego. Will RM care to go through the whole case history of the case before they choose to further appeal in Supreme Court, kyonki unke baap ka paisa to vaise bhi nahi lagega - jeeto ya yaaro.

      ReplyDelete
    2. Even if it late, due justice is done. Nice it is.

      ReplyDelete
    3. Will every pre 2006 Hony Nb Sub get his dues through courts? Why can't the government issue orders for all

      ReplyDelete
    4. What about pre 2006 Hony Nb Sub who did not file a suit?

      ReplyDelete
    5. sir, felt happy to the judgement. is it applicable to all the concerd H/Nb sub,or not? plz inform.

      ReplyDelete
    6. Dear Sir,
      It is applicable only to litigants (petitioners)

      ReplyDelete
      Replies
      1. What is the order for Hony Capt who had been granted hony rank of capt after retirement. they should also be given pension for the rank of Capt wef 01 Jan 2006. Why delay?

        Delete
      2. Sir,what's the fate of HON SUB MAJOR rank awarded to SUBRDARS after retirement. Pl reply.

        Delete
    7. Dear Sir, It will be better to escalate this judgement to the recently formed committed to reduce litigation in MOD.

      ReplyDelete
    8. Every Pre H. Nb Sub Needs to file a case in AFT against Min of Def for not granted them pension of Nb Sub Rank wef 01 Jan 2006. Approx Rs350000/- arrears will be given to the litigant (Petitioner) who will win the case in AFT. Govt will release pension arrears only those who have filed the case against govt.

      ReplyDelete
    9. Late ex Havaldar Mathura Lal who was granted hony NB Subedar in 1988 after retirement was getting pension of Havaldar that to not revised in 2009 and 2012. He expired in 2014 Adpr. I took up the case with CPPC and his widow got arrears of 182,000/- . Now how can I help her get the arrears for his hony NB subedar rank. and also get her family pension amended accordingly. She is 79 yrs old, and guardian to 16 yrs old grandson(her son and daughter in law expired). My EMail ID mukteshtripathi@gmail.com. I am ex Sgt presently working in bank where she has pension account.

      ReplyDelete
      Replies
      1. Direct her to wrote a letter to record office, with a copy of Army HQ asking for the family pension of @ Regular Naib Sub as she is applicable for that as per MOD letter on the subject and thereafter,file a Legal case in AFT against Record office, Army HQ, CDA(P) Allahabad, GOI, MOD for asking the family pension of Nb Sub wef 01 Jan 2006. The document required are:-
        Original PPO Copy, Letter for grant of Hon. Nb Sub Rank, copy of Corr. PPO for the pension of Hon. Nb Sub.

        Delete
      2. Late ex Havaldar MALIN CHANDRA BALA who was granted hony NB Subedar in 1988 after retirement was getting pension of Havaldar that to not revised in 2009 and 2012. He expired in 5 JANUARY 2016 Adpr. I took up the case with CPPC and his widow got arrears of 182,000/- . Now how can I help her get the arrears for his hony NB subedar rank. and also get her family pension amended accordingly. She is 60 yrs old, and guardian to 16 yrs old grandson(her son and daughter in law expired). My EMail ID SADANANDABALA@GMAIL.COM. I am HAV presently working in bank where she has pension account.

        Delete
    10. Please inform me if anyone won the similar case in AFT KOLKATA,Please contact me at my Telephone number 9903691128.I want to file the same case at AFT KOLKATA.

      ReplyDelete
    11. I think that AFT should take up case with the govt to release the said pension to all Hony Naib Subedars if actually applicable to them. Why is necessary to file a case in AFT to gain the same from the Govt. It seems a Drama, it is only to make cut into the pocket of the innocent Hony Nb Sub. Please clarify whether legal formalities will be afforded to the petitioner in free or otherwise.

      ReplyDelete
    12. I fully agree with Mr Kuldeep Katoch. Case of Hony Nb Sub is genuine and should be taken up by the COAS himself. Has anyone ever thought of old veterans residing in remote areas who have no access to Internet. Government is waiting for these old veterans to die before getting their dues. What a shame. We are such a helpless class of citizens.

      ReplyDelete
    13. Sir,

      1. With reference to decision of AFT Kochi vide ON No 69/2016 and 71/2016 on revision of pension of Honorary Naib Subedars retired prior 31 Dec 2005 may be applicable to all Honorary Naib Suberdars wef 01 Jan 2006. In this connection all the post retirees of Jan 2006 are getting/receiving pension equal to regular Naib Subedar but pre-2006 are depriving from the financial hardship inspite of their repeated requests why? This may kindly be clarified whether the counterparts of the post-2006 were not served to the nation and only those who were retired on or after Jan 2006 are eligible of the revised pension as per Govt orders dated 12 Jun 2009? If so method applying to deprive from the benefits of the revision to pre-2006 Honorary Naib Subedar, the same should also applicable to all Honorary ranks including Honorary Commissioned officers of pre-2006 retirees which will be the equal and one justification of the judicial authorities.

      With regards and thanks

      Yours faithfully,

      Basudev Ghimire

      ReplyDelete
    14. If each and every hony nb sub gets their dues through court then what does it means orop?

      ReplyDelete
    15. Sir
      No where added the MSP 50% to pre 2006 pensioners pl clarify

      ReplyDelete
    16. Sir,
      When the date of effect/implement of 6th CPC recommendations is 01 Jan 2006 the rate of pension in respect of pre-2006 and post-2006 should also be one in the same rank and length of service. It is noticed that rate of service pension in between two retirees of the post-2006 and pre-2006 Honorary Naib Subedar is bridged lot of diffirent why? Is is the justification of Min of Def or Honourable courts? Please clarify it immediately before implementation of OROP-2014 and recommendations of 7th CPC.

      ReplyDelete
    17. Dear Sir,

      1. The pensionery benefits should be made applicable to Hony Lt or Hony Capt who have been conferred this prestigious rank after retirement on the line of Hav granted Hony Nb Sub after retirement.

      ReplyDelete