Sub Maj (Hony Lt) v. Union of India and Ors.

(9) SUB MAJ (HONY LT)

VERSUS

UNION OF INDIA AND ORS...... Respondents Through: Mr. Jitesh Vikram Srivastava, SPC with Mr. Prajresh Vikram Srivastava, Advocate. CORAM: HON'BLE MR.

JUSTICE V. KAMESWAR RAO HON'BLE MR.

JUSTICE SAURABH BANERJEE

V. KAMESWAR RAO, J. (ORAL)

1. This petition has been filed by the petitioners with the following prayers: “It is therefore most respectfully prayed that this Hon'ble Court may be graciously pleased to (a) issue a writ of certiorari/ mandamus or any other writ, order or direction to quash and set aside the impugned letter No 2076/D(Pen/Pol)/2017 dated 27.08.2018 and the policy which debar grant of pensionary/financial benefits to the JCOs awarded Honorary Commissioned Lieutenant and Captain after retirement at par with those granted Honorary Commission Lieutenant and Captain during active service and/or to extend such pensionary/financial benefits to the petitioners from the date of award of Honorary Commission. (b) pass any such order as this Hon'ble court may deems and proper in the facts and circumstances of the case to meet the ends of justices.”

2. When the petition was listed before the court on December 08, 2023, this Court had passed the following order: “1. Learned counsel for respondents submits that recently the Supreme Court in Writ Petition (Civil) 1234/2021, titled Retired Honorary Commissioned Officers Welfare Association (Regd.) Vs. Union of India & Anr. vide order dated 03.11.2023 has rejected a petition filed by the Association seeking identical relief. He submits that copy of the petition, counter affidavit, rejoinder as well as the order passed by the Supreme Court has been sent on the e-mail of the Court Master. Let the said e-mail be forwarded to the learned counsel for the petitioner.

2. Learned counsel for petitioner prays for some time to take instructions.

3. List on 11.01.2024.”

3. Mr. Chhibber has placed before us the copy of the writ petition being W.P.(C) 1234/2021 filed before the Hon’ble Supreme Court, wherein the prayers made in the petition are the following: “It is therefore most respectfully prayed that this Hon’ble Court may be pleased to:

Major including Risaldar & Riosaldar Major granted the honorary commission in the rank of honorary Lieutenants and in the rank of honorary Captains after retirement.

4. Though Mr. Chhibber and Mr. Ram Singh (petitioner no.1), do state the claim of the petitioners in this petition and the prayers made in the petition before the Hon’ble Supreme Court are same, but the petition before the Hon’ble Supreme Court did not include the plea that a Subedar Major given the Honorary rank of Lieutenant after retirement, should be entitled to similar benefits as have been granted to a Hawaldar who has been given Honorary rank of Naib Subedar, as per circular dated June 12, 2009 which reads as under: “To The Chief of the Army Staff Subject: Notional Pay fixation of Honorary Ranks for the purpose of pension Recommendations of the Sixth Central Pay Commission contained in Para 5.1.62. Sir, I am directed to say that in pursuance of Governments decision on the recommendations of the Sixth Central Pay Commission contained in Para 5.1.62 of Chapter V of the Report, the President is pleased to decide that Honorary rank of Naib Subedar granted to Havildars will be notionally considered as a promotion to the higher grade of Naib Subedar and benefit of fitment in the pay band and the higher grade pay will b e allowed notionally for the purpose of fixation of pension only. Accordingly, additional element of pension of Rs. 100/- pm payable to Havildars granted Hony rank of Naib Subedar as per Regn. 137 of Pension Regulations for the Army Part-I (1961), amended vide this Ministry’s letter NO. 1(1)/88/D(Pens/Sers) dated 6.11.1991 will cease to be payable. The notional fixation of pay in the rank of Naib Subedar will not be taken into account for payment of retirement gratuity, encashment of leave, composite transfer grant etc.