Col Prem Prakash Sharma v. Union Of India

Through the instant application, the applicant is seeking the modification of order dated 31.03.2016 praying for the benefits of broad-banding of disability element of pension (war injury @ 20% to 50%) from the date of his discharge from Military Service i.e. 31.03.2010.

2. Heard learned counsel for both the sides.

3. We for our satisfaction have perused the original OA which is attached with the instant application in which we find that at every stage the applicant is seeking grant of disability pension @ 50% instead of 30%. In fact, the applicant is asking for broad-banding of the disability pension on the strength of Supreme Court's Judgment handed down in the case of Union of India v. Ram Avtar (decided on 10.12.2014). The relief sought for as one finds from the original application is also to that extant and the applicant got the same as is clear in para 3 of the order dated 31.03.2016 sought to be modified.

4. Viewed thus we do not find any error factually or legally apparent on record calling our interference.

5. Resultantly, in the instant application merits dismissal. Ordered accordingly.