Tribunals and CommissionsDivision Bench(2020) 10 AFT CK 0053

Ram Chandar And Others vs Union Of India And Others

Armed Forces Tribunal · Decided on 14 October 2020

HON’BLE JUDGES
Rajendra Menon, J · Philip Campose, Member (A)
RESULT
Allowed
CASE NUMBER
Original Application No. 1515 Of 2017

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Judgment

29 paragraphs · 469 words

S.No.,Name,Total service rendered in DSC,Short fall of service

1.,Ex Nk Ram Chandar,"14 years, 7 months and 12 days",04 months and 18 days

2.,Ex Sub MaJ Abdul Sattar,"14 years, 7 months and 19 days",04 months and 12 days

3.,Ex Nk Sangram Singh,"14 years, 6 months and 6 days",05 months and 24 days

4.,Ex Nk Kailash Chander,"14 years, 01 months and 2 days",10 months and 28 days

5.,Ex Nk P. Muthu,"14 years, 04 months and 28 days",07 months and 03 days

6.,Ex Sub Maj Ganga Ram Chitti,"14 years, 05 months and 14 days",07 months

7.,Ex Nk Raju MM,"14 years, 07 months and 02 days",04 months and 28 days

8.,Ex Nk G. Sethu Rajan,"14 years, 10 months and 10 days",01 months and 20 days

9.,Ex Nk Suresh Nath,"14 years, 08 months and 13 days",03 months and 17 days

10.,Ex Nk Govind Gurung,"14 years, 09 months and 06 days",02 months and 24 days

11.,Ex Nk Pala Ram,"14 years, 02 months and 25 days",09 months and 05 days

12.,Ex Nk Tikam Singh,"14 years, 10 months and 19 days",01 months and 11 days

13.,Ex Nk Nar Singh,"14 years, 11 months and 09 days",21 days

14.,Ex Nk C. G. Chinna Chamy,"14 years, 09 months and 21 days",02 months and 09 days

15.,Ex Nk Gurmeet Singh,14 years and 02 days,11 months and 28 days

(c) Further, the Respondents have themselves stated before the HonSle Supreme Court in C.hattar Pal (supra) that condonation upto one",,,

year is possible, and once Constitutional Courts, including the highest Court of the land, have upheld the proposition, it is beyond the scope",,,

of any bench of this tribunal to hold or comment otherwise. We hence answer this question in the above terms.,,,

5.

Taking into account the aforesaid factual and legal aspects, we are of the considered view that the facts of this case are also squarely covered by",,,

the decisions in Bhani Devi and Ex 1Vk Vijay Singh (supra) and, therefore, the shortfall of service as mentioned against each of the applicants in the",,,

table above to complete the 1 5 years of qualifying service in DSC by the applicants to get second service pension is liable to be condoned.,,,

6.

The instant 0.A is, therefore, allowed with the following directions:",,,

(i) The shortfall in qualifying service as mentioned against each of the applicants in the table above, for second service pension, is condoned;",,,

(ii) Subject to verification of records, the respondents are directed to issue corrigendum PPOs to the applicants granting second service pension for the",,,

service rendered by them in DSC, from the date of their discharge; and",,,

(iii) The arrears shall be paid within four months from the date of receipt of a copy of this order. In default, the applicants will be entitled to interest @",,,

6% per- annum till payment.,,,

7.

No order as to costs.,,,