OA No. 75/2012. Case: Col DS Panwar (Retd.) Vs Union of India & Ors.. Armed Forces Tribunal

Case NumberOA No. 75/2012
CounselFor Appellant: Petitioner in person and For Respondents: Mr. Ajai Bhalla, Advocate
JudgesMr. A.K. Mathur, Chairperson and LT. Gen. M.L. Naidu, Member
IssueService Law
Judgement DateDecember 14, 2012
CourtArmed Forces Tribunal


(Principal Bench At New Delhi)

  1. The petitioner vide this petitioner has prayed that directions may be issued to respondents to pay the amount at the rate of Rs. 1500/- per month for the period from 31.01.2009 to 13.07.2011 to the petitioner for reimbursement of his residential telephone. The petitioner served the Army for 27 1/2 years excluding 4 years of cadet training period in the Artillery. The petitioner superannuated on 31.07.2007 and the last rank held is Colonel (TS). After superannuation, the petitioner was re-employed in the rank of Major and was entrusted to IHQ of Army at Directorate General of Artillery as a Legal Officer from 31.01.2009 to 13.07.2011. The petitioner's grade pay was Rs. 8700.00 and he claimed that he is entitle to residential telephone/re-imbursement @Rs. 1500.00 per month, the amount which is entitle to Lt Col having the Grade Pay of Rs. 8000/-.

  2. It is alleged that the petitioner's job demanded carrying/maintaining a mobile phone and internet connection at home to read and down load the judgments/orders for keeping abreast with the latest. The petitioner was dealing with all litigation of the Arty Centre and in that connection, he has to keep in contact with the various places for obtaining the necessary instructions for disposal of the litigation matters. He also had a residential telephone. Therefore, he claimed for the reimbursement of the residential telephone.

  3. In this connection, the petitioner has referred the letter of Government dated 22.09.2011 which says that the re-employed Colonels are employed against the vacancy of Major/Capt and it is stated that only officers upto the level of Lt Cols are authorised for residential telephone in entitled category in the Army. However, officers below the rank of Lt Col can be considered for provision of residential telephone under non-entitled category upto 25% of the authorised strength of such officers based on the functional necessity endorsed by the officers of the rank of Major General and equivalent. The monetary ceiling for officers authorised residential telephone under non-entitled category is Rs. 800/- per month which includes landline and/or post paid mobile connection. Pre-paid mobile connection is not admissible for reimbursement. But has to forward copies of the post paid mobile/landline telephone bill for considering payment and the telephone connection should be in the name of the person and date of connection may also be mentioned.


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