The Rajasthan High Court has dismissed a writ petition filed by the Union of India challenging orders that granted revised pensionary benefits to a retired Indian Air Force Master Warrant Officer. The Court held that the benefit of the upgraded Group ‘X’ pay scale must be extended from January 1, 1996, and refused to restrict pension arrears to only three years before the filing of the claim.
Background of the Case
The respondent, Ex-Master Warrant Officer Prabhu Singh Shekhawat, retired from the Indian Air Force on August 31, 1996, after more than 26 years of service as an Education Instructor. He later claimed that following the recommendations of the Fifth Central Pay Commission, the trade of Education Instructor had been upgraded to Group ‘X’, making him eligible for higher pay and corresponding pension benefits from January 1, 1996.
His representations were rejected by the authorities on the ground that the trade rationalisation became effective only from October 10, 1997. The Armed Forces Tribunal, however, granted him relief, prompting the Union of India to approach the High Court.
Court’s Observations
A Division Bench of Justice Pushpendra Singh Bhati and Justice Nupur Bhati examined the Ministry of Defence's 2015 Committee Report and the relevant Gazette Notification.
The Bench observed that the report itself clarified that the revised pay scales introduced on October 10, 1997, were intended to operate from January 1, 1996. It found no merit in the government's argument that the benefit was only prospective.
“The fresh scales introduced with effect from 10.10.1997 were bound to take effect from 01.01.1996,”
the Court noted while relying on the Ministry of Defence's own findings.
The Court also referred to earlier judicial precedents, including Jai Narayan Jakhar v. Union of India, where similar relief had been granted and the Union's challenge had failed before the Supreme Court. It observed that denying identical treatment to the respondent despite settled law lacked a legally sustainable justification.
The Union argued that even if pension was revised, arrears should be limited to three years under the Supreme Court's decision in Union of India v. Tarsem Singh.
The High Court rejected this contention. It held that the respondent's right effectively arose after the Ministry of Defence's 2015 report removed the anomaly and that he had approached the Tribunal thereafter. Since the case involved re-computation of an existing pension and no third-party rights were affected, the Court held that the claim represented a continuing cause of action.
Decision
Finding no legal error in the Armed Forces Tribunal's orders, the Rajasthan High Court dismissed the Union of India's writ petition. It upheld the respondent's entitlement to revised Group ‘X’ pay-based pensionary benefits from January 1, 1996, and declined to restrict the arrears to a three-year period before the filing of the original application.
Case Details:
Case Title: Union of India & Ors. v. No. 610812A Ex MWO Prabhu Singh Shekhawat
Case Number: D.B. Civil Writ Petition No. 5056/2026
Judge: Justice Pushpendra Singh Bhati and Justice Nupur Bhati
Decision Date: 16 June 2026
