O.A. No. 89 and 96 of 2012. Case: 1. Ex. Hav. K.P. Nanda Kumaran, 2. EX Naik Joseph Vs 1. The Union of India and Ors., 2. The Union of India, The Chief of The Army Staff, OIC Records, AMC Records and The Principal Controller of Defence Accounts. Armed Forces Tribunal

Case NumberO.A. No. 89 and 96 of 2012
CounselFor Appellant: Sri. Ramesh C.R., Adv. in O.A. No. 89 of 2012 and Sri. T.R. Jagadeesh, Adv. in O.A. No. 96 of 2012 and For Respondents: Sri. Tojan J. Vathikulam, Adv. Central Govt. Counsel for R1 to R5 in O.A. No. 89 of 2012 and Sri. P.J. Philip, Adv. Central Govt. Counsel in O.A. No. 96 of 2012
JudgesShri Kant Tripathi, J. (Member (J)) and Lt. Gen. Thomas Mathew, PVSM, AVSM, Member (A)
IssueService Law
Judgement DateMarch 22, 2013
CourtArmed Forces Tribunal

Order:

Shri Kant Tripathi, J. (Member (J)), (Regional Bench, Kochi)

1. In these two original applications a common question of law is involved, therefore, with the consent of the learned counsel for the parties, both the matters were heard together and are being disposed of by this common order. Heard Mr. Ramesh C.R. and Mr. T.R. Jagadeesh for the applicants and Mr. P.J. Philip and Mr. Tojan J. Vathikulam for the respondents and perused the record.

2. By O.A. No. 89 of 2012, the applicant, K.P. Nandakumaran, Ex Havildar No. 1178553N, who had rendered 16 years and 325 days of service has prayed for a direction to the respondents to treat his total service as 17 years for pensionary benefits.

3. The other applicant, Joseph C.A., Ex. Naik No. 6808876, had rendered 14 years and 311 service and by filing O.A. No. 96 of 2012, he has also made a similar prayer for extension of his service to the extent of 15 years.

4. The relevant facts pertaining to each case are being stated separately as follows.

(i) The applicant in O.A. No. 89 of 2012, Ex. Havildar K.P. Nandakumaran was enrolled in the Indian Army as a sepoy on 10.11.1962. He was discharged from the Army with effect from 1st October 1979 on completion of 16 years and 325 days of colour service and has been sanctioned pension vide Annexure A2 taking into account his total service as 16 years and as such the respondents excluded 325 days of additional service of the applicant because it was less than one year and there was no provision to round of 325 days as complete one year. The request made by the applicant to revise the pension after rounding off of his service as 17 years was rejected by the authorities. So, he filed the instant O.A.

(ii) In O.A. No. 96 of 2012, the applicant joined the Army on 12.12.1962 and was discharged from service with effect from 18.10.1987 due to the disabilities, Varicose Veins and Low Back Ache. The Medical Board found the said disabilities aggravated by military service and assessed the same at 30% for two years. Accordingly, the applicant was sanctioned disability pension. The disability pension was extended upto 25.2.1991. The Re Survey Medical Board held in the year 1991 reduced the percentage of disability as nil for life with effect from 26.2.1991, therefore, the disability element of pension was stopped with effect from the said date. However, the service element of pension for 14½ years of service was granted. In this way, the applicant was short of 54 days so as to complete the tenure of service as 15 years. The request made by the applicant for grant of service pension after rounding off of the service as 15 years was rejected by the authorities. Hence, he filed the instant O.A.

5. Learned counsel for the respondents in both matters submitted that the scheme of rounding off of the service was introduced for the first time vide Government of India, Ministry of Defence letter No. B/38076/AG/PS4(a)/2190/A/ (Pension/Service) dated 6.8.1984 with effect from 28th June, 1983. A copy of the said letter has been filed as Annexure R2, wherein it has been provided that "in calculating the length of qualifying service for the purpose of pensionary benefits, a fraction of a year equal to three months or above shall be treated as a completed one half year and reckoned as qualifying service for...

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