O.A. Nos. 23 and 26 of 2013. Case: 1. No. 2570950 F, Ex Hav & Hony Nb. Sub. The Madras Regiment, 2. No. 8026277N EX-HAV (HONY NB/SUB), No. 14293819F EX HAV (HONY NB SUB) and No. 14219516X EX HAV (HONY NB SUB) Vs 1. The Union of India and Ors., 2. The Union of India, The Chief of Army Staff, The Principal Controller of Defence Accounts (Pension) and The Oic Records, [Alongwith O.A. No. 27 of 2013]. Armed Forces Tribunal

Case NumberO.A. Nos. 23 and 26 of 2013
CounselFor Appellant: Smt. Kabani Dinesh M., Sri. Ramesh C.R. and Sri. T.R. Jagadeesh, Advs.
JudgesShrikant Tripathi, Member (J) and Thomas Mathew, Member (A)
IssueConstitution of India - Articles 14, 16
Judgement DateMarch 20, 2013
CourtArmed Forces Tribunal


Shrikant Tripathi, Member (J), (Regional Bench, Kochi)

  1. Heard the learned counsel for the applicants and the respondents and perused the record. All the applicants, who retired as Havildars but were conferred the honorary rank of Naib Subedars after retirement, claim service pension of the rank of Naib Subedar with effect from 1st January 2006 in terms of Government letter No. 1(8)/2008-D(Pen/Policy) dated 12th June 2009.

  2. O.A. No. 23 of 2013 has been filed by Ex Havildar/Honorary Naib Subedar Thampan. K., No. 2570950F.

  3. O.A. No. 26 of 2013 has been filed by Ex Havildars/Honorary Naib Subedars Kuttappan C.M., No. 8026277 N, Sadasivan. P.N., No. 14293819F and Thomas K.G., No. 14219516 X.

  4. O.A. No. 27 of 2013 has been filed by Ex Havildar/Honorary Naib Subedar Unnikrishnan Kochu Narayan Menon, No. 13863629.

  5. All the applicants have specifically pleaded that they retired as Havildars but subsequent thereto they were conferred the honorary rank of Naib Subedars. So they were entitled to service pension of the rank of Naib Subedar in terms of the aforesaid letter dated 12th June 2009. The copies of the records produced by the applicants fully support the aforesaid factual aspects of the matter, therefore, we do not consider it proper to refer to the facts of the case in detail.

  6. In view of the fact that the similar matters have already been decided by the Bench, the counsel for the respondents submitted that instead of filing reply statement, he would like to make submissions with regard to the points raised by the respondents in other matters. Accordingly the learned counsel for the respondents submitted that that a Committee constituted under the Chairmanship of the Cabinet Secretary for considering various issues relating to Pension matters of the Armed Forces personnel made certain recommendations and on the basis of those recommendations the Government of India has issued Letter No. PC 10(1)/2009 D (Pen/Pol) dated 08.3.2010 whereby Havildars who were granted honorary rank of Naib Subedar and retired prior to 1.1.2006 have been granted Rupees Two Hundred and Twenty Six per month in place of earlier amount of Rupees One Hundred per month with effect from 01.07.09. Therefore, the applicants who are "pre-1.1.2006 retirees", are entitled to Rupees Two Hundred Twenty Six per month only with effect from 01.07.09 in addition to the pension of the rank of Havildar and they are not entitled to the benefit of the letter dated 12.6.2009. However, the learned...

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