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)
