Ramchandra Kashinath vs Union Of India And Others

M.A No. 351 of 2021

Keeping in view the averments made in the Miscellaneous Application and finding the same to be bona fide and in the light of the decision in Union

of India and others v. Tarsem Singh (2008 (8) SCC 648), we allow the instant M.A condoning the delay in filing the O.A.

0.A No. 285 of 2021

In this 0.A filed under Section 14 of the Armed Forces Tribunal Act 2007, the applicant is seeking the following reliefs:

(i) Direct the respondents to revise the pension of the applicant on the basis of the last rank held by him i.e. Junior Warrant Officer (JW0) with effect

from 01.03.1998; and

(ii) Direct the respondents to pay 12% interest on the arrears of pension and other benefits.

The facts of the case, in brief, are that the applicant was enrolled in the Indian Air Force on 03.03.1983. Thereafter, on 01.01.2003, he was

promoted to the rank of Junior Warrant Officer (JWO). On 31.03.2003, he was discharged from service on completion of his term of engagement. He

was thereafter issued a PPO granting pension corresponding to his previous rank i.e. Sergeant. Being aggrieved, the applicant submitted a

representation on 29.12.2020 for revision of his pension corresponding to his last rank i.e. .JWO. In reply, the applicant was informed that he is eligible

for pension in the rank of JWO with effect from 01.01.2006. Hence the instant O.A.

According to the learned counsel for the applicant, since the Government, vide its circular dated 09.02.2001, clarified that 10 months' continuous

service in the last rank held is not required for grant of pension in the last rank held, the applicant is entitled to get his pension re-fixed in the rank last

held by him before retirement.

Having heard the learned counsel for the parties, we are of the view that the matter is squarely covered by the decision of the Chennai Bench of

this Tribunal in Ex JWO Krishnamoorthy and others v. Union of India and others (0.A No. 1038 of 2017 decided on 23.08.2017).

We, therefore, allow the instant 0.A directing the respondents to re-fix the pension of the applicant in the rank last held by him before retirement

from the date of his discharge from service, in the light of the principles laid down in the case Ex JWO Krishnamoorthy (supra) at the revised rate.

The respondents are directed to pay the entire arrears to the applicant within four months from the date of receipt of a copy of this order. If the due

amount is not paid to the applicant within the time fixed hereinaboye, the unpaid amount will carry interest @ 8% per annum till actual payment is

made.

No order as to costs.