UNION OF INDIA & ORS. versus LT. COL. OM DUTT SHARMA (RETD.) DEAD THROUGH LRS & ORS.

Citation: [2019] 14 S.C.R. 9 · Decided: 05-11-2019 · Supreme Court of India · Bench: L. NAGESWARA RAO · Disposal: Appeal(s) allowed

Cited by 5 judgment(s) · see the full citation network in Lexace

Judgment (excerpt)

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UNION OF INDIA & ORS.
v.
LT. COL. OM DUTT SHARMA (RETD.) DEAD THROUGH LRS
& ORS.
(Civil Appeal No. 8139 of 2019)
NOVEMBER 05, 2019
[L. NAGESWARA RAO AND HEMANT GUPTA, JJ.]
Service Law:
Pension  – One Rank one Pension (OROP)  – Entitlement to
–  Of the personnel of Army Postal Service (APS), on deputation
from Department of Posts and Telegraph  –  Held: The Army
Instructions show that the members of APS hold a lien in their parent
department though conferred ranks in the Army  –  Such instructions
clearly stipulate that the pension to the members of APS will be as
per civil rules – Being member of APS during the period of their
temporary Commission does not make them a pensioner of Armed
Forces entitling them to OROP.
Allowing the appeal, the Court
HELD : 1. The Junior Commissioned Officers (JCOs) of
Armed Forces and Warrant Officers who have passed IPO/IRM
examination of Posts & Telegraph Department are eligible for
the grant of Commission for a period of one year and for such
period, their service may be required. The Commission under
such instructions was meant for Junior Commissioned Officers
and the Warrant Officers who have passed examination of the
Department of Posts for Commission which is for a period of one
year and as long the services are required. Thus, the officials of
the Department of Posts continue to have lien over the posts
under the Union. [Para 11] [24-C-D]
2. The Army Instructions 1959 supersede the earlier Army
Instructions in so far as they relate to the grant of the Commission
to the Gazetted Officers of the Posts & Telegraph Department.
The eligibility for grant of Temporary Commission was in respect
of the Gazetted Officers, (substantive or officiating) of the Posts
   [2019] 14 S.C.R. 9
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SUPREME COURT REPORTS
[2019] 14 S.C.R.
& Telegraph Department. In terms of Clause 12 of the Army
Instructions 1959, all officers of the Posts & Telegraph
Department, which will include Non-Gazetted Offices, were given
an option to opt for terms and conditions contained in Annexure
‘A’ to these Instructions.  On exercise of such option, they will
be regarded as newly commissioned officers with an option to
draw civil or military rates of pay. In respect of pension, there is
no option and that the officers would be governed by civil rules
for service pension. [Para 12] [24-E-G]
 3. As per Army Instructions 1985, the eligibility for grant
of Temporary Commission in the APS is Gazetted Officers
(substantive or officiating) of the Department of Posts and JCOs
of the APS and such WOs who have earned competitive vacancies
in the Rank of JAOs/IPOs/IRMs in examination of the
Department of Posts. Clause 12 of such instructions gives an
option to all officers which will include the Gazetted and Non-
Gazetted Officers of the Department of Posts serving in the APS
to opt for the terms and conditions contained in Annexure ‘A’ to
these instructions.  On exercise of such instructions, they will be
regarded as newly commissioned for the purpose of option to
draw civil or military rates of pay. Such Annexure ‘A’ to the
Instructions again has a clause that the officers will be governed
by civil rules for service pension. There is no option to opt for
military pension. [Para 13] [24-G-H; 25-A-B]
4. Therefore, it is not correct to say that Army Instructions
only cover the Gazetted Officers. The eligibility for grant of a
Temporary Commission is the Gazetted Officers and JCOs etc.,
but clause 12 of Army Instructions 1959 and 1985 cover all officers
of the Department of Posts.  It is not the case of the respondents
that their lien in the Department of Posts was ever terminated.
[Para 14] [25-C]
5. The argument that the respondents were drawing more
pension than their counterparts in the Department of Posts,
therefore, they are entitled to the periodical increase of pension
on the parity of the personnel of the Armed Forces, is not tenable.
The respondents have discharged their duties as per Army
Instructions issued from time to time. If they have drawn higher
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salaries while working in the APS than other counterparts in the
Department of Posts that will not make them at par with the
members of the Armed Forces.  Their birth mark is with the
Department of Posts which mark was never removed, when they
were serving as members of APS.  The Instructions provided for
an option on promotion on every rank in the Army to draw either
military pay and allowances or civil pay plus depu

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