High Court of Judicature For Rajasthan · 1993

Sis Ram S/o Shri Late Mam Raj, Ex-Sepoy Ex No- 13812322, Aged About 78 Years, Resident Of Village-Sirod Khurd, P.o.- Sarai Kala, Tehsil - Mundawar, District - Alwar, State- Rajasthan, Pin-

301401. ----Respondent For Petitioner(s) : Mr. Amit Jindal, Adv. For Respondent(s) : HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA HON'BLE MR. JUSTICE SANJEET PUROHIT Order 11/08/2025

1. Learned counsel for the petitioners submits that the special pension was not payable to the respondent as he does not come in the category of individuals who are transferred to the reserve. It is stated that after being engaged for 12 years, 8 months and 26 days of colour service, he was not transferred to reserve.

2. He further submits that the judgment passed in the case of No.13900467 Ex Sep (Dvr) Lalu Ram Vs. The Union of India & Ors. in D.B. Civil Writ Petition No. 2565/2025, would have no application to the present case. He further submits that so far as the letter dated 22.10.2018 of the Government of India is [2025:RJ-JP:30916-DB] (2 of 6) [CW-11170/2024] concerned, the same was not applicable to the case of the respondent. It is further argued that provisions of Section 167 of the Pension Regulations for the Army, 1961 (Part-I) (for short ‘the Act of 1961’) clearly provides for grant of special pension or gratuity only to those personnels who have completed 15 years or more in service.

3. We have carefully considered the submissions and perused the judgment passed by the learned Armed Forces Tribunal (for short ‘the AFT’). It is an admitted position that the respondent had joined the Indian Army [ASC (South)] on 06.02.1963 and he was discharged from service on 01.11.1975 after having rendered 12 years, 8 months and 26 days of coloured service. He was not given opportunity nor he was transferred to reserve on the ground that there was no vacancy in the reserve.

4. It would be apposite to quote Paras 164 & 167 of the Act of 1961 in total for the purpose of adjudication of this case, which read as follows:- “164. Special pension or gratuity may be granted at the discretion of the President to individuals who are not transferred to the reserve and are discharged in large numbers in pursuance of Govt’s. Policy: - (i) of reducing the strength of establishment of the Armed Forces; Or (ii) of re-organisation, which results in disbandment of any unit/formation. Rank for Assessment of Special Pension.

167. The scale of special pension or gratuity is * For personnel who retire or die on or after 16th September 1993, 20% of the basic pay shall he treated as dearness pay. This dearness pay will count only for reckoning emoluments for the purpose of retirement gratuity and death gratuity and for no other purpose. [Auth:-GOI, Dept of Pension & Pensioner's Welfare No. 7/2/93-P & P.W (F) dt. I9/10/93. This letter is being quoted by Min of Defence and it has not issued any [2025:RJ-JP:30916-DB] (3 of 6) [CW-11170/2024] separate letter. So examinees should quote this letter without any reserve. Length of actual qualifying service rendered (without weightage) Scale of special pension/gratuity A. Combatants (a) Special pension (i) 15 years or more (ii) (i) 10 years or more but less than 15 years regulation 136. (b) Special gratuity 5 years or more but less than 10 years (ii) Less than 5 years Equal to normal service pension at the rates specified in regulation 136. Equal to normal service pension as determined as per to 1⅓ Equal month’s emolu- ments [Pay + clas- sification pay, if any, last drawn] for each completed year of qualifying service. Equal to 3 month's emoluments [Pay +classified pay, if any last drawn] B. Non-Combatants (Enrolled) (i) (ii) (i) (a) Special pension 20 years or more 15 years or more but less than 20 years (b) Special gratuity 5 years or more but less than 15years (ii) Less than 5 years Equal to normal service pension Equal to service pension determ- ined as per regula- tion 136. to 1⅓ Equal month's emolu- ments [Pay + clas- sification pay, if any, last drawn] for each completed year of qualifying service. Equal to 3 month's emoluments [Pay +classified pay, if any last drawn]”

5. From the reading of the aforesaid provisions, it is apparent that special pension is payable to an individual who is not transferred to the reserve and is discharged on account of redu- [2025:RJ-JP:30916-DB] (4 of 6) [CW-11170/2024] cing the strength of establishment of the Army or of re-organiza- tion. The reasons in the present case of discharge are “being no vacancy in the reserve”. The provisions of Para 164 of the Act of 1961 would squarely apply to the present case of the respondent.

6. We also notice that the Supreme Court in the case of T.S. Das Vs. Union of India & Anr.: (Civil Appeal No.2147/2011) de- cided on 27.10.2016 held as under:- “Re: Special Pension any ships or

23. The next question is whether the Sailors appointed before 1973 were entitled for a Special Pension, in terms of Regulation 95 of the Pension Regulations. Indeed, this is a special provision and carves out a category of Sailors, to whom it must apply. Discretion is vested in the Central Government to grant Special Pension to such Sailors, who fall within the excepted category. Two broad excepted categories have been noted in Regulation 95. Firstly, Sailors who have been discharged from their duties in pursuance of the Government policy of reducing the strength of establishment of the Indian Navy; or Secondly, of reorganization, which results in paying establishment. In the present case, Clause (i) of Regulation 95 must come into play, in the backdrop of the policy decision taken by the Government as enunciated in the notification dated 3rd July, 1976. On and from that date, concededly, the Fleet Reserve Service has been discontinued. That, inevitably results in reducing the strength of the establishment of the Fleet Reserve of the Indian Navy to that extent, after coming into force of the said policy. None of the Sailors have been or could be drafted to the Fleet Reserve after coming into force of the said Policy-as that establishment did not exist anymore and the strength of establishment of the Indian Navy stood reduced to that extent. Indisputably, the Sailors appointed prior to 3rd July, 1976, had the option of continuing on the Fleet Reserve Service after expiration of their active service/ empanelment period. As noted earlier, in respect of each Applicants the appointment letter mentions the period of appointment as 10 years of initial active service and 10 years thereafter as Fleet Reserve Service, if required. The option to continue on the Fleet Reserve Service could not be offered to these Applicants and [2025:RJ-JP:30916-DB] (5 of 6) [CW-11170/2024] similarly placed Sailors, by the Department, after expiration of their empanelment period of 10 years or less than 15 years as the case may be. It is for that reason, such Sailors were simply discharged on expiration of their active service/ empanelment period. In other words, on account of discontinuation of the Fleet Reserve establishment of the Indian Navy, in terms of policy dated 3rd July,1976 it has entailed in reducing the strength of establishment of the Indian Navy to that extent.

24. XXX

25. Thus understood, all Sailors appointed prior to 3rd July, 1976 and whose tenure of initial active service/ empanelment period expired on or after 3rd July, 1976 may be eligible for a Special Pension under Regulation 95, subject, however, to fulfilling other requirements. In that, they had not exercised the option to take discharge on expiry of engagement (as per Section 16 of the Act of 1957) and yet were not and could not be drafted by the competent Authority to the Fleet Reserve because of the policy of discontinuing the Fleet Reserve Service w.e.f. 3rd July, 1976. The cases of such Sailors (not limited to the original Applicants before the Tribunal) must be considered by the Competent Authority within three months for grant of a "Special Pension" from three years prior to the date of Application made by the respective Sailor and release payment after giving adjustment of Gratuity and Death-cum-Retirement- Gratuity (DCRG) already paid to them from arrears. They shall be entitled for interest @ 9% P.A. on the arrears, till the date of payment".

7. In the said case, while examining the case of a personnel from the Indian Navy who had been discharged after rendering certain period of service which was less than 15 years, the Apex Court found that they were not entitled to receive the reservist pension as they never joined the armed forces and had not com- pleted 15 years of service. It also examined the facts relating to special pension and granted the same.

8. A look at Para 167 of the Act of 1961 reflects that special pension is payable to personnels retired or died on or after [2025:RJ-JP:30916-DB] (6 of 6) [CW-11170/2024]

16.09.1993 in the manner, as prescribed therein. The pension is payable for services rendered for 15 years or more to personnels who have rendered 10 years or more but less than 15 years of service.

9. We also notice that the main Para for grant of special pension, which is Para 164 of the Act of 1961, does not provide for any minimum length of service. Thus, the contentions advanced before us by learned counsel for the petitioner are found to be without basis.

10. Taking into consideration the law, as above, and also considering the judgment passed earlier by Hon’ble Supreme Court in Union of India Vs. Tarsem Singh: (2008) 8 SCC 648 with regard to claim filed belatedly, we find that the order passed by the learned Armed Forces Tribunal does not warrant any interference and the same is accordingly, upheld.

11. The present petition being devoid of any merits, is accordingly dismissed.

12. Pending application, if any, also stands disposed of. (SANJEET PUROHIT),J (SANJEEV PRAKASH SHARMA),J MAHIMA/RAHUL/10