J V George vs Union Of India And Others

MA 2941/2019

Vide this application, the respondents/applicant seeks modification/clarification of the order dated 1st October 2019. Para 6 of the application is

averred as under:-

It is submitted respectfully that a clarification of judgment dated 01.10.2019 is warranted regarding the grant of the benefits of broad-

banding to the applicant as the order is silent on this aspect. Further, clarification/ modification is sought on behalf of the respondent

herein regarding the payment of arrears on account of disability element of disability pension. It is of record that the applicant herein has

claimed the arrears from the date of his discharge from service i.e. 31.03.1994 but this Honible Tribunal in many of similarly situated cases

has granted the arrears for last 3 yers preceding the date of filing the list. It cant be ignored that the present stood filed by the applicant at

an inordinate belated stage and hence applicant is not justified to claim the arrears from the date of discharge.

At the outset, it may be mentioned that the application is totally misconceived as vide order dated 1st October 2019, the OA was partly allowed.

Disability i.e. HYPERTENSION was ordered to be considered as aggravated by military service. RMB was valid for two years. Hence further

entitlement of the disability element was held subject to the outcome of the Resurvey Medical Board which was to be conducted within four months.

With regard to the payment of arrears, the respondents seek clarification that the arrears may be paid for three years from the date of discharge as

has been done in similarly situated cases. Once it has been clarified in para 7 of the order that the RMB was valid for two years, it implied that the

disability element of pension was granted only for a period of two years and subsequent entitlement was subject to RSMB.

That being so, no clarification or modification of order is required. Under the circumstances, present application is dismissed.