Original Application No. 46 of 2014. Case: Bhushan Prasad Pandey Vs Union of India and Ors.. Armed Forces Tribunal
| Case Number | Original Application No. 46 of 2014 |
| Counsel | For Appellant: Parijaat Belaura, Advocate and For Respondents: Ashutosh Kumar Srivastava, Learned Counsel |
| Judges | V.K. Dixit, J. Member (J) and Lt. Gen. Gyan Bhushan, Member (A) |
| Issue | Armed Forces Tribunal Act 2007 - Section 14 |
| Judgement Date | September 24, 2015 |
| Court | Armed Forces Tribunal |
Order:
Lt. Gen. Gyan Bhushan, Member (A), (Regional Bench, Lucknow)
1. The instant Original Application has been filed on behalf of the applicant under Section 14 of the Armed Forces Tribunal Act, 2007, and he has claimed the reliefs as under:-
(I) To quash order dated 05.08.2011 passed by opposite party No. 4.
(II) To issue order or direction opposite parties to grant disability Pension 50% from the date of his retirement.
(III) To issue order or direction to opposite parties to pay arrears with interest @ 12% to the applicant.
(IV) Any other relief as considered by this Hon'ble Tribunal is awarded favour of the applicant.
(V) Cost of the application be awarded to the applicant.
2. The applicant is already in receipt of 20% disability pension for life. The present application has been preferred for relief of rounding off of disability pension already granted to the applicant. The admitted and undisputed facts of the case are that the applicant was enrolled in the Army on 18.05.1977 and was discharged on 30.05.2007 in low medical category after completion of 30 years of service in the rank of Sub. Maj. The applicant forwarded his claim for rounding off of the disability pension through representation dated 31.07.2011, which was rejected vide order dated 05.08.2011.
3. Heard Shri Parijaat Belaura, Learned Counsel for the applicant, Shri Ashutosh Kumar Srivastava, Learned Counsel for the respondents and perused the record.
4. Learned Counsel for the applicant submitted that he was already in receipt of 20% disability pension for life and in view of Government of India Ministry of Defence letter No. 1(2)/97/D-Pen(C) dated 31.01.2001, he is also entitled to the benefit of rounding off of his disability pension to 50%. He forwarded his claim through representation dated 31.07.2011, which was wrongly rejected by respondent No. 4 vide order dated 05.08.2011.
5. Per contra, the Learned Counsel for the respondents submitted that a person who has been invalided out of service or discharged from service due to being low Medical Category before completion of terms of engagement is entitled to rounding off of disability pension and the one, who retired or discharged on attaining the age of superannuation on completion of tenure, is not entitled for the benefit of rounding off of disability pension. He further submitted that in the case in hand, the applicant was discharged from service on completion of his terms of engagement. He was neither invalided out of service or discharged from service before completion of the term of engagement, as such he is not entitled to the benefit of rounding...
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