Sub Maj Sr Sharma v. Union Of India & Ors.

Learned counsel for the petitioner agitated his case related to outstanding payment of arrears and interest. In the explanation of the case, he was questioned related to the source and authority of the calculation sheet from the DPDO, which had appeared in the record without any covering letter or indeed any letter from the petitioner asking for such calculation. On detail queries learned counsel for the petitioner, who is basing a fair amount of his argument on this calculation sheet, admitted that he did not know how the calculation sheet was obtained and the exact circumstances where it became part of the present OA. When queried about the exact date on which the petitioner started getting the correct authorized pension of Hon. Captain, counsel once again stated that he is not sure about these dates. Counsel, however, sought to continue the argument on aspects related to interest and arrears without being able to fulfill the basic requirements of answering certain facts.

The counsel for the respondents has stated that based on orders given (post direction of the AFT), the petitioner has been given the difference of arrears of pension of both ranks (Hon. Lt. and Hon. Captain) till the date of his retirement in October, 1992 together with whatever interest was due on these outstanding amounts.

In the light of the lack of clarity in the central arguments of the counsel for the petitioner, the court is not inclined to pursue this issue any further, it having been argued on two consecutive days with adequate time being allocated significantly on the second day. Consequently in the light of the submission of the respondents, and their sanction orders on record, the M.A. is disposed off having become infructuous.