Tribunals and CommissionsDivision Bench(2022) 04 AFT CK 0006

Ex Nk Mohan Lal vs Union of India & Ors

Armed Forces Tribunal · Decided on 6 April 2022

HON’BLE JUDGES
Rajendra Menon, Chairperson, (J) · P.M. Hariz, Member (A)
CASE NUMBER
MA 817 Of 2022 in OA 544 Of 2019

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Judgment

8 paragraphs · 282 words
1.

It is pointed out by the learned counsel for the respondents that while taking steps for implementing the order dated 14.10.2020 passed in O.A. No. 544 of 2019, it was found that in Para 3 of the order, details of the service rendered by the applicant in the DSC and the shortfall to be condoned have been wrongly mentioned. In view of this error, action could not be taken for issuance of PPO and hence, an oral prayer is made by the respondents for modifying the period of service rendered by the applicant and the shortfall to be condoned.

2.

Keeping in view the aforesaid, we allow the oral prayer made in this regard and modify Para 3 of the order dated 14.10.2020 passed by us in O.A. No. 544 of 2019 suo motu and Para 3 of the order would now read as under :

“3. It is the conceded position that the applicant had rendered 14 years and 238 days of service in DSC and there is a shortfall of 127 days against the mandatory 15 years of qualifying service, which made him ineligible for the second service pension for the service rendered with DSC.”

That apart, in Paras 6 and Clause (i) of Para 7 of the order in question, shortfall to be condoned be read as ‘127 days’ instead of 04 months and 14 days’.

3.

This order shall be read conjointly with the original order passed on 14.10.2020 in O.A. No. 544 of 2019.

4.

Respondents now to process the claim of the applicant and submit a report within six weeks.

5.

List the matter on 1st June, 2022.

Copy of this order be given ‘Dasti’.