O.A. No. 37 of 2010 and O.A. No. 147 of 2012. Case: 1. P.S. Raveendrfan Nair, Aged 67 Years, S/o. P.S. Sreedharan Pillai, 'Sreeragam', Thrikkunnapuzha P.O. Alappuzha, (No. 6291093 of Corps of Signals) and Ors., 2. No. 6462820 N., Ex.Hav.(Hony.NB/Sub) K. Bhaskaran, 59 Years, Madras Regiment, Mulamoottil House, Kattanam, PO Pallickal, Dist. Alleppey, Kerala State-690503 and No. 2580089 X Ex.Hav.(Hony.NB. Sub) J. Uthaman, 50 Years, Nithiya Nivas, Village Thamarakulam, Vedaraplav P.O. Nooranad, Mavelikkara, Kayamkulam, District Alleppey, Kerala State-690505 Vs 1. Union of India, Represented by The Secretary to The Ministry of Defence, Department of Ex-Servicemen Welfare, New Delhi and Ors., [Alongwith O.A. No. 142 of 2012], 2. Union of India, Represented by The Secretary, Ministry of Defence, (Army), South Block, New Delhi, The Chief of Army Staff, Army Headquarters, New Delhi-110001, The Principal Controller of Defence Accounts (Pension), Draupadi Ghat, Allahabad, Uttar Pradesh-211001 and The OIC Records, Madras Regiment, Wellington, Pin-643231, [Alongwith O..... Armed Forces Tribunal
| Case Number | O.A. No. 37 of 2010 and O.A. No. 147 of 2012 |
| Counsel | For Appellant: M/s. Kabani Dinesh M. and Manu Solaman, Advs. in O.A. No. 37 of 2010, Smt. Kabani Dinesh M., Adv. in O.A. No. 142 of 2012, Sri. Ramesh C.R., Adv. in O.A. No. 147, 148 and 149 of 2012 and Sri. V.K. Sathyanathan, Adv. in O.A. No. 141 of 2012 and For Respondents: Sri. S. Krishnamoorthy, Sr. Panel Counsel for R1 To R4 in O.A. No. 37... |
| Judges | Mr. Shrikant Tripathi, Member (J) and Lt. Gen. Thomas Mathew, PVSM, AVSM, Member (A) |
| Issue | Constitution of India - Articles 14, 16 |
| Judgement Date | September 27, 2012 |
| Court | Armed Forces Tribunal |
Order:
Shrikant Tripathi, Member (J)
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By these six Original Applications, the applicants have claimed the benefits granted by the Government of India, Ministry of Defence, Department of Ex-Servicemen Welfare, New Delhi vide Letter No. 1(8)/2008-D (Pen/Policy) dated 12.6.2009. In all these applications a common question with regard to the applicability of the said letter is involved, therefore, they were heard together and are being disposed of by this common order. In O.A. Nos. 37/2010, 142/2012, 147/12 and 148/12, all the applicants have claimed the benefits of the aforesaid order on the ground that they retired from the rank of Havildar, but were conferred the Honorary rank of Naib Subedar subsequently and in view of this, they are in receipt of pension of the rank of Havildar as per the Rules and in addition thereto, they are receiving Rupees One Hundred in terms of G.O. No. 1(1)/88/D/(Pen/Sers) dated 6.11.1991 consequent to conferment of rank of Honorary Naib Subedar.
1A. The husband of the applicants in O.A. Nos. 141/2012 and 149/2012 were also drawing the same benefits and were similarly placed with other applicants. Their husbands died after 1.1.2006, therefore, they have filed their respective applications for pension payable to their husband in terms of Letter No. 1(8)/2008-D (Pen/Policy) dated 12.6.2009 and also for corresponding benefits with regard to family pension.
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By the aforesaid Government Letter dated 12.6.2009, the Havildars who had been conferred Honorary Rank of Naib Subedar were granted regular pension with effect from 1.1.2006 by providing them notional promotion of higher grade of Naib Subedar. The Government Order reads as follows:
I am directed to say that in pursuance of Governments 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 Havaldars 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/- p.m. payable to Havaldars 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.
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This letter takes effect from 1st January, 2006.
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This issues with the concurrence of Finance Division of this Ministry vide their UO No. 235/Finance/Pension dated 3.6.2009.
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The aforesaid Government Letter dated 1.6.2009 has been issued on the basis of the report of the 6th Central Pay Commission contained in para 5.1.62 of Chapter V of the Report of the...
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