M.A. No. 671 of 2016 and O.A. No. 280 of 2016. Case: D. Unnikrishnan Nair Vs Union of India and Ors.. Armed Forces Tribunal

Case NumberM.A. No. 671 of 2016 and O.A. No. 280 of 2016
CounselFor Appellant: V.K. Sathyanathan, Adv. and For Respondents: C.B. Sreekumar, Senior Panel Counsel
JudgesS.S. Satheesachandran, J. (Member (J)) and Vice Admiral M.P. Muralidharan, AVSM & BAR, NM, Member (A)
IssueService Law
Judgement DateDecember 06, 2016
CourtArmed Forces Tribunal

Order:

Vice Admiral M.P. Muralidharan, AVSM & BAR, NM, Member (A), (Regional Bench, Kochi)

  1. The Original Application has been filed by D. Unnikrishnan Nair, No. 1366583H, Ex GDSM of Brigade of Guards seeking the benefit of broadbanding of disability element of his pension. The Original Application has been moved with a petition, MA. No. 671 of 2016, for condoning the delay of 15 years 02 months and 24 days. Having regard to the issue raised in the petition, which has already been settled by this Tribunal in similar applications prosecuted condoning the delay, the delay is condoned and MA. No. 671 of 2016 is disposed of.

  2. Sri VK Sathyanathan, the learned counsel for the applicant submitted that the applicant was enrolled in the Army on 18 June 1969 and was discharged from service on 30 June 1984 on completion of 15 years of service. The Release Medical Board assessed him to have disability 'Compression Fracture DV-12' which was assessed at 80%. The applicant was granted disability element of pension at 80% up to 12 October 1998 and thereafter at 20% from 12.10.1998 to 25.06.2003 (Annexure A1). The disability was further re-assessed and fixed at 20% for life with effect from 26 June 2003 (Annexure A2).

  3. The learned counsel submitted that the applicant on becoming aware that even pre-1996 retirees were eligible for the benefit of rounding off with effect from 01 January 1996, preferred an appeal for it to the respondents, but was informed that he was not eligible for the benefit of rounding off as he had been discharged on completion of his terms of engagement (Annexure A4). The applicant on learning that even those personnel who had superannuated from service were eligible for the benefit of rounding off based on the order of the Hon'ble Apex Court in Union of India v. Ram Avtar, Civil Appeal No. 418/2012, preferred another appeal to the respondents seeking the benefit of rounding off (Annexure A6). He was once again informed that he was not eligible for the benefit of rounding off for the reasons as had been intimated to him earlier (Annexure A7). The learned counsel further submitted that the Ministry of Defence vide their letter F No. 3(11)2010/D (Pen/Legal)Pt-V dated 18 April 2016 have accorded approval for grant of benefit of broadbanding even to those personnel who had been discharged on completion of terms of engagement, based on Court orders (Annexure A5). The learned counsel therefore prayed that the applicant be granted the...

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