Hemant Gupta, J. - (1.) CHALLENGE in the present writ petition is to an order passed by the Armed Forces Tribunal, Chandigarh Regional Bench at Chandimandir (for short 'the Tribunal') on 12.03.2013, whereby an Original Application filed by the petitioner under Section 14 of the Armed Forces Tribunal Act, 2007 claiming arrears of pension from 01.01.1986 to 31.12.1995 remained unsuccessful.
(2.) THE petitioner joined Army on 15.09.1960 and was promoted to the rank of Subedar Major w.e.f. 17.12.1980 after rendering 20 years and 3 months service. The petitioner retired from service on 31.12.1985 after completing 5 years tenure in the rank of Subedar Major. His pension was fixed at Rs. 987/ - per month though it is asserted by the petitioner that it was required to be fixed at Rs. 1355/ - per month in terms of letter dated 30.10.1987 issued by the Ministry of Defence, Government of India, as he retired from service after completion of more than 25 years. After 5th Central Pay Commission, the pension of the petitioner was fixed at Rs. 4158/ - w.e.f. 01.01.1996, but the revised pension as revised vide Circular dated 21.11.1997 was not granted to the petitioner. The grievance of the petitioner is that he retired on 31.12.1985 after completion of 25 years of service and that he was pensioner on 01.01.1986, therefore, he is entitled to the benefit of pension as fixed in pursuance of the recommendations of 4th Central Pay Commission as well as revised pension w.e.f. 01.01.1996 in terms of the recommendations of 5th Central Pay Commission.
(3.) THE claim of the petitioner was rejected by the Tribunal for the reason that the Government of India letter dated 30.10.1987 is applicable to those pensioners, who were discharged on or after 01.01.1986, whereas the petitioner has retired on 31.12.1985. Therefore, the petitioner is not entitled to arrears of pension as well.;