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Judgment
MA 649/2019
Vide this application, applicant seeks condonation of delay of 38 days in filing OA.
In view of the averments made in the application, delay of 38 days in filing the OA in condoned.
OA 1879/2017
By way of this 0.A the applicant claims disability pension for three disabilities viz. 1D(i) RAMSAY HUNT SYNDROME (h-26) (ii) OBESITY (di)
OK (BOTH KNEES) assessed at 11-14%, 1-5% and 20% respectively, composite assessment at 30% for life.
During the course of arguments, counsel for the applicant submits that she is not pressing for grant of disability element for first two IDs and
confined the relief for ID(iii) i.e., OK (both knees) which was accepted as aggravated by service and assessed at 20% for life, yet the same was not
granted to the applicant. Since the applicant fulfils both the conditions as enshrined under Regulation 173 of the Pension Regulations for the Army,
1961, therefore, applicant is entitled for disability element of pension for disability ID (iii). Since the disability is assessed at 20% for life as aggravated
by service, same is liable to be broad banded to 50% from the date of his retirement. However, the arrears are restricted to 3 years prior to filing of
the present OA, i.e.. 10.11.2017.
Respondents are directed to calculate, sanction and issue necessary PPO to the applicant within a period of six months from the date of receipt of
this order, failing which, it shall carry interest @ 8% p.a. OA stands disposed of.
No order as to costs.