TA 150 of 2012 (Arising out of CWP 8388 of 2000). Case: Gurbachan Singh Vs Union of India. Armed Forces Tribunal

Case NumberTA 150 of 2012 (Arising out of CWP 8388 of 2000)
CounselFor Appellant: Mr. G.S. Ghuman and Mr. S.K. Saini, Advocates and For Respondents: Ms. Renu Bala Sharma, CGC
JudgesPrakash Krishna, J. (Member (J)) and Air Marshal (Retd.) S.C. Mukul, Member (Ad.)
IssueArmed Forces Tribunal Act 2007 - Section 14
Judgement DateFebruary 20, 2014
CourtArmed Forces Tribunal


(Regional Bench At Chandimandir)

  1. The Civil Writ Petition No. 8388 of 2000 filed in the Hon'ble High Court of Punjab and Haryana at Chandigarh and on transfer to this Tribunal registered as TA No. 150 of 2012 is taken up under Section 14 of the Armed Forces Tribunal Act, 2007.

  2. By this petition the petitioner prays for a direction to the respondents to quash order dated 30.06.1997(P-4), remove anomaly in the fixation of his pension and to fix and pay correct pension as per entitlement for 27 years and 1 month service w.e.f. 1972 onwards.

  3. As per the averments of the petitioner, he was enrolled in the Army in the Corps of Electrical and Mechanical Engineering (EME) on 5th December, 1942 as Armed Fighting Vehicle Fitter in pay group "B" and was to retire on 04.12.1963, however, due to declaration of national emergency on 26.01.1962 he was retained in service and finally retired on 04.01.1970 after rendering 27 years and 1 month service with a pension of Rs. 61/- pm plus Rs. 17.50 P ad hoc increment against Rs. 56 for 21 years terms of a Havlidar.

  4. Thereafter in 1972 new Army Instruction was published based on the recommendations of Third Pay Commission by which the pension of the petitioner was fixed at Rs. 85 per month by CDA(Pension) Allahabad. The grievance of the petitioner is that his pension was fixed for 21 years terms of a Havlidar ignoring the fact that he had served for 27 years one month for which the pension was to be fixed @ Rs. 109/- per month.

  5. Also with effect from 1.1.1986 he was entitled to onetime increase (OTI) of Rs. 285/- per month in terms of Govt. of India, MoD, letter No. 1(3)/93/D (pension/Services) dated 25 Feb 1994 (vide Table 48) as applicable to the petitioner being rendering 27 years 1 month service, however he was paid Rs. 220/- pm as OTI for 21 years service (vide Table 5). Further, with the implementation of 5th Pay Commission w.e.f. 01.01.1996 the basic pension of the petitioner has been fixed at Rs. 1766/- for 21 years of service instead of Rs. 2320/- for 27 years and 1 month of service amounting to a difference of Rs. 584/- in the basic pension.

  6. The petitioner took up the case with the authorities concerned many times but with no relief and been informed that his pension has been rightly fixed for 21 years service (P-2). Finding negative response to his legal notice dated 15th May, 1997 vide letter dated 30.06.1997, the petitioner preferred civil writ petition on 06.07.2000.

  7. A preliminary objection has been raised in the written statement filed by the respondents that this petition suffers from delay and laches as it has been filed after a delay of 30 years and is liable to be dismissed on this score in view of the law laid down by...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT