Revision of Pension Based on Last Rank- AFT Chandigarh Bench

Last Updated on May 17, 2020 by Satish Mishra

Validation of Order Application seeking Revision of Pension

This post is a judgment digest on the topic of Revision of Pension Based on Last Rank held by the applicant irrespective of the fact whether he/she has not completed last rank of ten months before retirement has been dispensed by the circular by the Govt. Of India. The pension of the applicant based on the last held rank by him before retirement was allowed and fresh corrigendum PPO be issued by respondent.

Let’s have the judgment.

Also Read- Armed Forces Tribunal AFT Chandigarh Bench/Chandimandir Bench

Ex. W.O. Udal Singh vs. Union of India and Others.

Armed Forces Tribunal, Principal Bench

Case no. OA1936/2018 with MA 2141/2018

Applicants: Ex. W.O. Udal Singh

Respondents: Union of India and Others

Also Read- ARMED FORCES TRIBUNAL (AFT) CHANDIGARH BENCH FAQ

Order 16.10.2019:

MA 2141/2018:

• The applicant seeks condonation of delay of 9735 days in filing OA.
• The application stands dismissed as the delay of 9735 days in filing stands condoned.

Order Application 1936/2018

• The applicant seeks revision of his pension in accordance with the last rank held by him.
• The applicant basis his seeking on the basis of the circular by the Govt. Of India dated 09.02.2001
• The circular says ten months continuous service in the last rank held is not required for grant of pension.

Also Read- ARMED FORCES TRIBUNAL ACT, 2007

Averments made by the Respondents:

1. Requirement of holding the last rank of ten months before retirement has been dispensed within the circular by the Govt. Of India
2. They are correct in giving pensions to the applicants in the lower rank as it is financially more beneficial.

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Judgments cited:

1. OA 1166/2017 JWO Pramod Kumar Singh and others vs. Union of India
2. OA 882/2016 JWO Ashok Kumar Tanwar and others vs. UOI
3. OA 93/2014 Thiagrajan vs. UOI
4. D S Nakara vs. UOI 1983 (1) SCC305
5. OA 62/2014 JWO P. Gopalakrishanan vs. UOI and others

Also Read- AFT TRIBUNAL ADVOCATES AND LAWYERS IN CHANDIGARH PANCHKULA AND MOHALI

Findings of the Court:

• The court finds that the applicant is entitled to pension in the last rank held by him even if he held it for duration of less than 10 months.
• Arguments that a junior promoted to a senior rank should be pegged at a pension of his last but one rank, is fallacious.
• Basis of calculation being pursued in the case was detrimental for the pension to the petitioner.
• Applicant is entitled to revised pension from the date of discharge in the rank last held by him on that date in accordance with Govt. Of India Letters dated 07.06.1999 and 09.02.2001.
• The respondents to implement the calculation of revised pension for the applicant dated 01.01.2006 as per Govt letters dated 12.11.2008.

Also Read- DUAL PENSION IN ARMY & FROM STATE GOVERNMENT RULE

The Order Application is allowed.

• The respondents are directed to
• Calculate the pension of the applicant based on the last held rank by him before retirement.
• Applicant will be issued a fresh Corrigendum PPO in the last rank held within a period of four months and arrears paid accordingly.

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Conclusion

The applicant seeks condonation of delay of 9735 days and the application got rejected. The applicant filed a petition seeking revision of pension based on the last rank held as per the Circular of the Govt of India and got the said relief.

For case specific advice, please contact Armed Forces Tribunal AFT Chandigarh Bench/Chandimandir Bench in Panchkula Mohali Derabassi Kharar in Punjab Haryana High Court.

Also Read- PUNISHMENT OF REPRIMAND BY AFT TRIBUNAL

This post is written by Rashika Garg.

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