UNION OF INDIA Vs. DALIP SINGH

JUDGEMENT

(1.) This order will dispose of three connected writ petitions bearing CWP Nos.4575, 4589 and 4597 of 2019, arising out of the same facts and against the same order dtd. 17/1/2018(Annexure P1) passed by Central Administrative Tribunal, Chandigarh Bench, Chandigarh (in short, "CAT").

(2.) Respondents Lt. Cdr. Dalip Singh, Lt. Col. P.C. Chandel and Cdr Nirmal Singh were initially commissioned in the Indian Army as Emergency Commissioned Officers (ECOs) in the ranks of 2nd Lieutenant etc. during the course of China aggression. They were promoted to their respective ranks as regular Defence Officers. Their service conditions were governed by Special Army Instructions 9/S/74. They were treated as regular Army Officers and enjoying all allowances admissible to regular Army Officers. After the emergency, they were granted permanent commission in National Cadet Corps (NCC) on the recommendations of the Screening Board, which was approved by the Ministry of Defence. A special cadre of NCC Commissioned Officers, known as NCC Whole Time Officers (WTOs) was created. According to the applicants, they were designated as regular Armed Forces Officers like Lt, Capt., Major, Lt. Col. and equivalent in the Army, Navy and Air Force. They were granted the same pay and allowances, military accommodation from Defence Pool, Travel Facilities, Railway Warrants, Form-D, Medical Facilities in Military Hospitals, Canteen facilities etc., as admissible to regular Armed Forces Officers. Like similarly situated ECOs, they were paid from defence estimates as per Government of India instructions dtd. 23/5/1980. However, their services were governed by Central Civil Services (Pension) Rules, 1972. After their retirement, the pension was disbursed to them equivalent to the Regular Defence Officers. All of sudden, after decades, their pension was reduced without assigning any reason as per pass book entry (Annexure A4) in O.A. No.060/01033/2016, letter dtd. 20/4/2015 (Annexure A3) from PNB, Sector 17B, Chandigarh in O.A. No.060/00659/2016. Notices for recovery of excess amount have also been issued without any orders. It is further claimed that their pension has been reduced without issuing any show cause notice, without providing any opportunity, by issuing impugned letter No.144 dtd. 27/1/2010 (Annexure A11), letters dtd. 13/1/2014 (Annexure A15), letters 29/9/2015 (Annexure A6), letters dtd. 3/11/2015 (Annexure A7) and letters dtd. 30/12/2015 (Annexure A22) in O.A. No.060/00054/2016 (Lt. Cdr. Dalip Singh vs. Union of India etc.). Similar letters have been issued in other cases.

(3.) The respondents before the CAT, took the plea that officers, who were commissioned as ECOs in Defence Forces but could not get permanent commission in the Army, were provided suitable employment in NCC. A separate cadre of Whole Time Officers (WTOs) was created in the year 1963. Their ranks were never at par or equivalent to the officers of Armed Forces of the Union. They were called NCC Commissioned Officers. The terms and conditions of their service were further modified vide letter dtd. 23/5/1980 (Annexure R3), in which it was clarified that such officers shall be junior to the regular service officers of the same rank and will serve under them. The respondents further took a plea that the competent authority issued the impugned instructions dtd. 26/5/2009 (Annexure R5), clarifying that the pensionary benefits granted to regular defence personnel will not be applicable to the NCC WTOs. The Pension Distributing Authority could not distinguish the difference between Special Commissioned Officers and regular Army Officers and their pension was erroneously fixed as if they retired and fell within the category of Armed Forces Officers. When this anomaly was noticed, the Government issued letter dtd. 27/1/2010 clarifying the position. Therefore, the pension of the applicants was revised and excess amount was ordered to be recovered from them.