T.A. No. 153 of 2010. Case: C.K. Vijayan S/o. late Krishnan Achari Vs Union of India (UOI) represented by Secretary Ministry of Defence and Ors.. Armed Forces Tribunal
| Case Number | T.A. No. 153 of 2010 |
| Counsel | For Appellant: P.J. Joseph, Adv. and For Respondents: T.P.M. Ibrahim Khan, Sr. Adv. |
| Judges | K. Padmanabhan Nair, J. (J) and Thomas Mathew (A), Members |
| Issue | Army Act - Section 71; Army Pension Regulations, 1961 - Regulations 113 and 125 |
| Judgement Date | July 02, 2010 |
| Court | Armed Forces Tribunal |
Order:
K. Padmanabhan Nair, J. (Member (J)), (Regional Bench, Kochi)
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The applicant, an Ex-service man who was discharged from service as per Ext.P1 Summary Court Martial Order dated 24.6.1997, has filed this proceedings as a writ petition before the Honourable High Court of Kerala claiming pension. The case has been transferred to this Tribunal consequent to its formation.
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It is trite that when a person is dismissed from Army service, he is not entitled to claim pension as of right. Of course, there is a provision under the Pension Regulations for Army, Part-1,1961 to pay monthly pension to such person also by the competent authority. According to the applicant, since the order imposing punishment of court martial did not debar him from claiming pension and the punishment imposed is only dismissal, he is entitled to get pension in view of Regulation 113(a) of Pension Regulations for Army, Part-1,1961 and also under Section 71 of the Army Act. In the counter affidavit filed on behalf of the respondents, it is specifically stated that the applicant is ineligible for pension as per Regulation 113(a) of the Pension Regulations for Army Part-1,1961. It is further stated that in case the applicant files a proper application before the competent authority as stated in the said Regulation, that will be considered in accordance with rules.
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After hearing both sides, we are of the considered opinion that it is not necessary to consider the case on merits. A perusal of the records shows that the applicant has not filed any application claiming the pensionary benefits under Regulation 113(a) of the Pension Regulations for Army. So, the applicant is not entitled to any relief at this stage from this Tribunal. He will have to approach to the competent authority in accordance with rules first. We are of the considered opinion that an opportunity can be granted to the...
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