Territorial Army Personnel’s Terminal Gratuity Claim Stands As Uttarakhand HC Says Centre’s 2018 Letter Cannot Override Pension Regulations

The Union of India challenged the Armed Forces Tribunal’s judgment dated 17 November 2021, which partly allowed Prem Ballabh Bhatt’s application, set aside the rejection of his claim, and held him entitled to terminal gratuity for service in the Territorial Army under the Pension Regulations.

The Tribunal had considered the conditions in paragraph 189(a) of the Pension Regulations for the Army, Part I (2008), and held that the Government of India’s executive letter dated 30 October 2018 could not override those Regulations.

The High Court heard this petition with connected writ petitions raising common questions of law and fact.

Paragraph 189(a) of the Pension Regulations for the Army, Part I (2008), sets out the conditions for granting terminal gratuity to qualifying Territorial Army personnel, including the required service and applicable circumstances of retirement.

Section 4 of the Payment of Gratuity Act, 1972, was reproduced and considered by the Tribunal in addressing gratuity entitlement.

The governing principle is that executive instructions cannot override or contravene statutory provisions; where they conflict, the statutory provision prevails.

The Tribunal cited authorities supporting the force and binding effect of statutory regulations, including Union of India v. Sri Somasundaram Vishwanath, Ram Ganesh Tripathi v. State of U.P., and Pepsu Road Transport Corporation v. Jagroop.

The High Court found that the Tribunal had considered the relevant provisions and authorities and had correctly applied the principle that executive instructions cannot override statutory provisions.

It therefore found no basis to disturb the Tribunal’s conclusion that the executive letter could not displace the entitlement arising under the Pension Regulations.

The Tribunal’s order setting aside the rejection of the respondent’s claim and recognising his entitlement to terminal gratuity under the Pension Regulations accordingly remained undisturbed.