MA 1219/2016
1. This is an MA seeking condonation of delay of 131 days in filing the OA is allowed as sufficient cause is shown by the applicant. Accordingly, MA No. 1219/2016 stands disposed of.
OA 1632/216.
2. This is a case for according the benefit of broadbanding of disability pension of the applicant from 30% to 50%. The applicant had superannuated after completion of his service on 31.07.2009. At the time of his superannuation, Release Medical Board found him to be suffering from PRIMARY HYPERTENSION, which was aggravated and attributable to Military service. The disability assessed to be @ 30% for life, and accordingly, the PPO granting 30% disability pension was issued by the PCDA (Pension). In terms of the judgment passed by the Hon'ble Supreme Court in Union of India v. Ram Avtar in CA 418 of 2012 dated 10.12.2014, the case of the petitioner is fully covered as he was superannuated after completing his service with a disability attributable to military service @ 30% for life. The learned counsel for the respondents does not contest the rule position and the policy for rounding of disability pension at the time of his release. However, he contended that the arrears of disability pension calculated @ 50% be restricted only for three years prior to the date of filing of the present OA.
3. We have considered the rival contention of the parties and we find substance in the submissions of the learned counsel for the respondent to the effect that the applicant is entitled to the benefit of rounding of disability pension from 30% to 50% in terms of judgement of the Hon'ble Apex Court in Ram Avtar's case. Further having regard to the fact that he had approached the Tribunal only in the month of November, 2016, the respondent have argued that benefit of the arrears should be restricted for a period of only three years prior to the filing of the OA. We do not subscribe to this argument since a right was already existing by way of a policy and the amount was illegally being held back as laid by the Hon'ble Supreme Court in Civil Appeal No. 3086 of 2012 in Balbir Singh v. UOI decided on 08.04.2016 and another Civil Appeal 9946 of 2016 arising out of SLP (Civil) No. 3353 of 2012 in Sub Davinder Singh v. Union Of India & Ors. decided on 20.09.2016.
4. Accordingly the respondents are directed to issue necessary sanction and the PPO for disability pension @ 50% for life w.e.f. 01.08.2009 and pay the arrears within a period of four months from the date of receipt of a certified copy of this Order, failing which arrears shall carry interest @ 8% per annum w.e.f. 01.08.2009.
5. With these directions, the OA stands disposed of.
6. The learned counsel for the respondents made an oral prayer for grant of leave to appeal. Since there is no question of law of general public importance involved, the oral prayer stands declined.