AFT | Grant of pension is a recurring cause of action but prolonged delay might kill the purpose

Armed Forces Tribunal (AFT), Lucknow: A Bench of V.K. Shali, J. (Member) and Air Marshall B.B.P. Sinha [Member (A)] disposed of a petition in favour of the petitioner but restricted the arrears of pension.

In the present case, the applicant was enrolled in the Army on 11-10-1975 and he was discharged from service with effect from 31-10-1999 on completion of terms and conditions in the Army in the rank of Havildar. An honorary rank of Naib Subedar was bestowed on him. Therefore, the grouse of the applicant was that he was not paid the pension and pensionary benefits associated with the rank so bestowed as per the recommendations made by the 6th Pay Commission. Counsel for the applicant, C.S. Rawat submitted that the applicant is not getting pension of the rank of Hony. Naib Subedar w.e.f. 01-01-2006. Counsel for the respondents, Pushpa Bhatt contended that since the applicant had not been granted honorary rank during service; he was not eligible for service pension at par with Honorary Naib Subedar.

The Court was of the opinion that the applicant was entitled to the pension of Hony. Naib Subedar but since has approached the Tribunal with a long delay so the arrears of pension of Hony. Naib Subedar shall be restricted w.e.f. three years prior to the date of filing of this Original Application. And the respondents were directed to release the enhanced/revised service pension to the applicant in the rank of Hony. Naib Subedar.[Mohan Singh v. Union of India, 2019 SCC OnLine AFT 1422, decided on 03-05-2019]

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