Khushi Ram Yadav vs Union Of India And Others

Vide this OA. the applicant, who was discharged from service in the rank of Havildar on 31 01 1992 and was granted honorary rank of Nb Sub on

26.01.1992 seeks refixation of his pension in the rank of Nb Sub w.e.f 1.1 2006 on the basis of Government circular dated 12.06.2009 relying upon

order of this Tribunal(RB) Chandigarh in Virender Singh and others versus Union of India and others in OA 42 of 2010 as endorsed by the Hon'ble

Supreme Court on 13.12.2010 in SLP(C) No 18582 of 2010 and judgment dated 20.05.2015 of the Hon'ble Apex Court in Civil Appeal No. 4677 of

2014 titled Union of India and others versus Subbash Chander Soni.

The claim of the applicant has been admitted by the respondents in the counter affidavit and relevant portion of the counter affidavit is reproduced

as under:-

Therefore, the applicant is eligible for grant of service pension in the rank of Naib Subedar with effect from 01 Jan 2006 as per Hon'ble

Supreme Court order. However, the order of the Hon'ble AFT is mandatory for processing the case to the competent authority.

That being so, since the case of the applicant has been admitted by the respondents. therefore. the applicant is entitled for the reliefs claimed.

On the last occasion. counsel for the respondents had submitted that as per PPO placed on record by the applicant himself. he is in receipt of the

pension on the higher rank of Naib Subedar w.e.f. 1.1.2006. However, perusal of the PPO goes to show that the rank of the applicant has been

shown as Hony Nb Sub and pension has not been granted for the rank of Nb Sub. Therefore, according to the applicant, his prayer is not satisfied as

per this PPO

The result of the foregoing is that the OA is allowed, the respondents are directed as under:

(i) To calculate the pension of the applicant in the rank of Nb Sub w.e.f. 01.01.2006 based on the honorary rank of Nb Sub granted to him in

accordance with Govt. Circular dated 12 06.2009 as ordered in the judgment of Vi render Singh and others (supra) in this regard.

(ii) Applicant will be accordingly issued a fresh Corrigendum PPO in the last rank held within a period of four months and arrears paid accordingly,

failing which, he will be entitled to interest @ 6% per annum.

No order as to costs