OA No. 49 of 2012. Case: Ex Hony Naib Sub T.V. Vijayan and Ors. Vs Union of India and Ors.. Armed Forces Tribunal

Case NumberOA No. 49 of 2012
CounselFor Appellant: Sri. M.P. Ashok Kumar, Adv. and For Respondents: Sri. Tojan J. Vathikulam, Central Govt. Counsel
JudgesShri Kant Tripathi, Member (J) and Thomas Mathew, Member (A)
IssueArmed Forces Tribunal Act 2007 - Section 14; Constitution of India - Articles 14, 16
Judgement DateMarch 11, 2013
CourtArmed Forces Tribunal


Shri Kant Tripathi, Member (J), (Regional Bench, Kochi)

  1. Heard Mr. M.P. Ashok Kumar for the applicants, Mr. Tojan J. Vathikulam for the respondents 1 to 13 and Mr. P.V. Surendranath for the respondent No. 14 and 15 and perused the record. By the instant Original Application under section 14 of the Armed Forces Tribunal Act, the 32 applicants namely Honorary Naib Subedar T.V. Vijayan and others, 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 (hereinafter referred to as 'the Government letter dated 12th June 2009').

  2. 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.

  3. The respondents have filed reply statement denying the claim set up by the applicants. The counsel for the respondents urged 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 counsel for the respondents conceded that "post-1.1.2006 retirees" were being paid pension according to the Government Letter dated 12.6.2009.

  4. In this way, the stand of the respondents is that "pre 1.1.2006 retirees" are entitled to only Rs. 226/- per month with effect from 01.07.09 in...

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