ARMED FORCES TRIBUNAL, REGIONAL BENCH, CHENNAI. O.A.No.84 of 2014

Transcription

1 1 ARMED FORCES TRIBUNAL, REGIONAL BENCH, CHENNAI O.A.No.84 of 2014 Friday, the 4 th day of November 2016 THE HONOURABLE JUSTICE S.S. SATHEESACHANDRAN (MEMBER - JUDICIAL) AND THE HONOURABLE LT GEN K. SURENDRA NATH (MEMBER ADMINISTRATIVE) No SIGMN S. Shanmuga Sundaram S/o Late Munusamy Solagar 10-A, Pidari Koil Street Kodavasal Town Taluk and Post Tiruvarur District, Tamil Nadu. Applicant By Legal Practitioner: Mr. S. Pasupathi vs. 1. Union of India, rep. by The Defence Secretary Ministry of Defence (Army) New Delhi O I/c Signal Records Jabalpur, M.P. 3. The PCDA (P), Allahabad, U.P. 4. The Chief of Army Staff Army Head Quarters, New Delhi. Respondents By Mr.G. Venkatesan, CGC

2 2 ORDER [Order of the Tribunal made by Hon ble Lt Gen Surendra Nath, Member (Administrative)] 1. The applicant S. Shanmuga Sundaram, SIGMN has filed this application with a request to set aside the impugned order of the 2 nd Respondent dated and to grant him Regular Service Pension or Reservist Pension with effect from instead of ex gratia pension and consequential benefits. 2. Briefly, the applicant states that he was enrolled in the Army on and was discharged from service on after completion of 15 years and 44 days of service, including 3 years and 26 days of Reserve Service. At the time of his discharge from service, he had elected to draw Reservist Gratuity of Rs.750/- lump sum in lieu of Reservist Pension. Thereafter, he was not entitled to any pension thereof. After sustained litigation in the Hon ble Apex Court, the Government agreed to grant ex gratia payment and the 3 rd Respondent issued PPO No.2207/2002 granting ex gratia pension to the applicant. Inter alia, the PPO reveals that the applicant was granted Reservist Pension with effect from and that a sum of Rs.750/- paid to the applicant on account of payment of lump sum gratuity should be recovered from his payment. He would state that the Reservist Pension

3 3 is wrongly mentioned as Rs.600/- per month instead of mentioning Reservist Pension amount of Rs.3500/- per month. The applicant states that he came to know about the anomaly in May 2013 and had appealed to the Respondents. However, the 2 nd respondent vide letter dated rejected the said claim for grant of Reservist Pension or Regular Pension. Having no other option, the applicant has come before this Tribunal for grant of Regular Service Pension or Reservist Pension with effect from , i.e., the date mentioned in the PPO in respect of ex gratia payment. 3. The Respondents in their Reply Statement do not dispute the enrolment of the applicant on and that he was discharged from service after 15 years and 44 days of service, including 3 years and 26 days of Reserve Service. They would state that the applicant at the time of retirement was entitled to Reservist Pension at the rate of Rs.10/- per month. However, he opted for lump sum Reservist Gratuity of Rs.750/- in lieu of Reservist Pension in accordance with Army Instruction 2/S/54 as amended in lieu of Reservist Pension of Rs.10/- per month. This was notified in the PPO No.S/9630/65 dated Since the option exercised by the applicant is final, he is not entitled to any Reservist Pension. However, the Government of India, Ministry of Defence in its letter dated had modified the provisions in order to compensate the reservists, who were

4 4 discharged prior to and had rendered minimum qualifying service for grant of service pension and had opted for lump sum gratuity at the time of release from service to grant them ex gratia pension. In the instant case, the applicant having opted for Reservist lump sum gratuity at the time of retirement vide Certificate to the effect issued by Administrative Officer Reserve Centre, Corps of Signals at the time of discharge duly signed by OC Reservists letter dated , is entitled to draw ex gratia payment of pension at Rs.600/- per month in accordance with the policy, provided the applicant had not availed of any rehabilitation facility nor any other pension has been sanctioned to him. Accordingly, ex gratia payment of pension at Rs.600/- per month was sanctioned to him and the dearness relief of 13% with effect from vide PPO dated with direction to recover a sum of Rs.750/- already paid to him on account of Reservist lump sum Gratuity from arrears of ex gratia payment. However, in accordance with the Ministry of Defence letter dated and PCDA(P), Allahahad, vide Circular No.430, dated , the improvement in pension as per the revised pay scale with effect from is not applicable to the reservist/pensioners in respect of ex gratia payment. Therefore, the applicant is only entitled for ex gratia payment of Rs.600/- p.m. in consequence to the rules in vogue and he is not entitled for any service

5 5 pension or Reservist Pension. In view of the foregoing, the application has no merit and may be dismissed and thus render justice. 4. We heard the arguments of Mr. S. Pasupathi, Learned Counsel for the applicant and Mr. G. Venkatesan, Learned CGC, appearing for the Respondents. We have also perused all the documents placed before us, including oral submissions and Government Instructions issued from time to time in the case. 5. The facts that the applicant was enrolled in the Army on and was discharged from service on after completion of 15 years and 44 days of service including 03 years and 26 days of Reserve Service and that at the time of discharge, he elected to draw lump sum Reservist Gratuity of Rs.750/- in lieu of Reservist Pension are not disputed. It is the submission of the Respondents that in accordance with Regulation-155 and 156 of Pension Regulations for the Army, 1961 (Part-I), those who elected to draw Reservist Gratuity are not entitled to any pensionary benefits thereafter. They would submit that after several representations, the Government agreed to grant Ex gratia payment to such cases with effect from after recovering Rs.750/- paid to the applicant on account of lump sum Reservist Gratuity. They would state that the Ex gratia payment was fixed at Rs.600 per month + Dearness Relief

6 6 applicable from time to time and the said amount has been revised with effect from at Rs.750/- per month with Dearness ex gratia equal to 50% of the enhanced amount of ex gratia and Dearness Relief, as notified from time to time. The Learned Counsel for the applicant would state that the applicant is receiving Ex Gratia Pension of Rs.750/- + Dearness Pay Rs.375/- and DA Rs.2667/- working out to a total of Rs.3792/- as on August, Per contra, the Reservist pensioners who had retired along with them, but had opted for Reservist Pension are entitled to minimum pension of Rs.3500/- in accordance with VI Central Pay Commission + 125% DA thereof which works out to Rs.7875/-. They would state that even though they had retired under the same service conditions as those being paid Reservist Pension, they were not even getting 50% of Reservist Pension, which is approximately 48% i.e., less than 50% of Reservist Pensioners who had retired along with them. Their contention is that the provision of Reservist Gratuity was removed long back on and the fact that the gratuity was a sum equal to 75 months pay of pension and for the last 50 years they are not getting benefits as provided to Reservist Pensioners. They would submit that gross injustice had been done to those who opted for Reservist Gratuity of Rs.750/-, which in any case was deducted from them, while granting Ex gratia pay. Further, in the VII Central Pay Commission, the minimum pension has now been

7 7 increased to Rs.9000/- per month plus Dearness Relief thereon while the Ex gratia pay continues to be the same. They would submit that even in the VI Pay Commission, there was gross injustice done to them when the Government refused to accede to their request for enhancing of Ex gratia pay along with others in accordance with their Circular No.430, stating that enhancement of pension as per revised pay scales of VI Pay Commission were not applicable to Reservist Pensioners. The Learned Counsel for the applicant, therefore, would submit that these Reservist Pensioners who have taken lump sum gratuity should now be given Reservist Pension along with similarly placed persons who are receiving Reservist Pension. 6. The question before us is, whether, consequent to the abolition of Regulations-155 and 156 of Pension Regulations for the Army, 1961 (Part-I), and irrespective of the grant of Lump Sum Gratuity with effect from , all Reservists otherwise eligible for Reservist Pension are to be treated as same class, entitling them to similar pensionary benefits. Reservists who have completed minimum colour service of 15 years or combined colour and reserve service of 15 years were entitled to grant of pension which was called Reservist Pension. Prior to , pension in the Armed Forces was contributory pension i.e. the personnel were required to contribute two months of their salary

8 8 towards pension. With effect from , Service Pension Schemes were introduced in the Armed forces. However, prior to , service personnel continued to have the option to take Lump sum Gratuity in lieu of Reservist Pension vide Regulations-155 and 156 of Pension Regulations for the Army, 1961 (Part-I). This was worked out at 75 months pension of the soldier with minimum pension of Rs.10/- per month working out to a sum of Rs.750/-. Those who had opted for this Scheme were not entitled to any other benefits such as Family Pension etc. A large number of widows of Ex-Servicemen, who were not covered by the Family Pension Scheme, 1964, had filed a batch of writ petitions in the Hon ble Supreme Court (Nos /81, 13181/84, /83, 1001/84 and 12707/84 with Civil Appeal No.2225/85) claiming that the benefits of the Family Pension Scheme should also be made applicable to them. During the hearing of these petitions, the Government made a statement before the Court on on their own indicating as to what extent they would be prepared to accept the claim of the widows. Keeping in view the statement filed by the Government and clarifications subsequently given, the Supreme Court delivered a Judgement on extending with effect from , the benefits of Family Pension Scheme, 1964 to the families of those Government servants who were/are on pensionable establishment and are presently not covered by the Scheme, namely

9 9 the families of the Government employees who died before , and those who were alive on , but who had opted out of the 1964 Scheme. The Government vide its letter dated issued instructions making the Family Pension Scheme, 1964, eligible to them also, and OR Reservists who were transferred to pension establishment prior to were also covered by this order. However, it appears from the correspondence placed before us that such Pension/Family Pension was not applicable to those Reservists who opted for Lump Sum Reservist Gratuity. Consequent to several representations by affected Reservists who had opted for Lump Sum Reservist Gratuity, the Government vide its letter dated sanctioned Ex gratia payment of Rs.600/- per month plus dearness relief applicable from time to time. For a better understanding, the contents of the said letter is extracted below:- To No.B/39042/AG/PS-4(a&c)/13431/C/D(Pen/sers) Govt. of India, Min. of Defence Chief of the Army Staff, New Delhi. New Delhi, The 29 th December, 2000 Sub: Grant of ex-gratia to reservists who did not opt for Grant of pension and have not availed themselves of the benefits of rehabilitation assistance granted by Govt. and are not in receipt of any other pension.

10 10 Sir The undersigned is directed to convey the sanction of the President to the grant of exgratia payment of Rs.600 p.m. plus dearness relief applicable from time to time to the reservists who were discharged prior to and who, having rendered minimum qualifying service required for grant of pension, had opted/accepted for lump sum amount of gratuity at the time of release from service and have not availed benefits of rehabilitation assistance granted by the Govt. and are not in receipt of any other pension. The ex-gratia will be payable w.e.f Payment of dearness relief involving a fraction of a rupee shall be rounded off to the next higher rupee. 3. This issues with the concurrence of finance division of this Ministry vide their U.O. No.4661/Pen/00 dated Yours Faithfully ( LK HALDAR) Under Secretary to the Govt.of India

11 11 7. The said amount was revised vide Government of India letter dated to a sum of Rs.750/- with effect from along with Dearness ex gratia equal to 50% of the enhanced amount of ex gratia and Dearness Relief, as notified from time to time, shall also be admissible to them. For a better understanding, the contents of the said letter are extracted below :- No.1(06)/2010-D(Pen/Policy) Government of India Ministry of Defence Department of Ex-Servicemen Welfare To The Chief of Army Staff The Chief of Naval Staff The Chief of Air Staff New Delhi dated 22 November, Subject: Enhancement of amount of Ex-gratia payable to Reservists and families of Reservists reg. ***** The undersigned is directed to refer to this Ministry s letter No.B/ 39042/AG/PS-4(a&c)/1331/C/D(Pension/Services) dated sanctioning monthly payment of an amount of Rs.600/- per month as ex-gratia to the Reservists who were discharged prior to and who having rendered minimum qualifying service required for grant of pension, had opted/accepted for lump sum amount of gratuity at the time of release from service and have not availed benefits of rehabilitation assistance granted by the Government and were not in receipt of any other pension. This amount was payable with effect from Similarly, the monthly payment of ex-gratia sanctioned to the widows and dependent children of the deceased

12 12 Reservists, who had opted to receive one time lump sum gratuity in lieu of pension, in terms of this Ministry s letter No.10(7)/92/D(Pension/Services) dated , was also revised/ consolidated from to Rs.605/- per month in terms of this Ministry letter No.B/40029/AG/PS-4(d)/1/B/B (Pension/Services) dated Reference is also invited to this Ministry s letter No.885/B/04- D(Pen/Sers) dated In terms of said letter dated , dearness relief equal to 50% of the above amounts of ex-gratia had been converted into dearness ex-gratia with effect from The dearness relief, as announced from time to time, is also applicable on the amount of ex-gratia as well as dearness ex-gratia. 3. Based on certain representations received in this Ministry from the Reservists and families of Reservists to enhance the amount of monthly ex-gratia payment, matter was under consideration with the Government for quite some time. The President is now pleased to enhance the existing amount of ex-gratia of Rs.600/- per month being paid to the surviving Reservists and the amount of ex-gratia of Rs.605/- per month being paid to dependent members of the families, i.e., widows and dependents children of deceased beneficiaries at the following rates with effect from 4 th June, 2013: S.No. Kind of recipients Enhanced amount of basic monthly exgratia 1. Reservists Rs.750/- 2. Widows and dependent children of the Rs.645/- deceased Reservists

13 13 4. Dearness ex-gratia equal to 50% of the enhanced amount of exgratia and Dearness Relief, as notified from time to time, on the sums of enhanced amounts of ex-gratia and dearness ex-gratia shall also be admissible to them. 5. The other terms and conditions for grant of ex-gratia and dearness relief prescribed in this Ministry s letter No.10(7)/92/D(Pension/Services) dated (for families of deceased Reservists) and No.B/39042/AG/PS-4(a&c)/1331/C/D/ (Pen/Sers) dated (for Reservists) as modified from time to time, shall continue to be followed. 6. Action to revise ex-gratia in terms of these provisions shall be initiated by the concerned ex-gratia payment disbursing agencies. In cases of recipient of ex-gratia to whom benefit accrues under the provisions of this letter has died/dies before receiving the payment of arrears, the life time arrears of ex-gratia will be paid as per extant Government orders in this regard. An intimation regarding disbursement of enhanced ex-gratia shall be sent by the ex-gratia disbursing agencies to the Pr.CDA (Pensions) Allahabad in the proforma enclosed. A copy of said intimation may invariably be provided by the disbursing agency to the recipient concerned for their information. 7. These orders issue with the concurrence of MoD (Finance/Pensions) vide their UO No.10(07)/2013/Fin/Pen, dated Hindi version of this order will follow. Yours faithfully, Sd/- [Malathi Narayanan] Under Secretary to the Government of India

14 14 8. Based on the above the applicant, seen from the Bank s Statement, is receiving a sum of Rs.3792/- per month (Rs.750/- + D.Pay Rs.375/- and DA Rs.2,667/-) as Ex gratia pay. At this stage, it is instructive to examine the Reservist Pension that has been entitled to Reservists over the years with effect from We observe that effective from , the option to choose between pension or gratuity was abolished and instead, a uniform rate of pension of Rs.15/- was granted. The rates of Reservist Pension revised from time to time are indicated as under: Effective Date Rate of Reservist pension per month (Without ADA merger) (With ADA merger) (Without ADA merger) (With ADA merger)

15 From the above analysis, it is evident that there is a vast difference in the pension that is being paid to the Reservist Pensioners, which is Rs.9000/- (with effect from ), and those Reservists (Pre ) who had opted for Lump Sum Gratuity and are in receipt of exgratia pay which works out to Rs.3792/- (including Dearness Pay and DA). In other words, Reservists who had opted for Lump Sum Gratuity are being paid 32%, i.e., approximately 1/3 rd of Reservists who are in receipt of Reservist Pension. 11. Further we find that no revision of this Ex gratia was considered either by the VI Central Pay Commission or VII Central Pay Commission and the Respondents have stated that the revision of pension dated applicable to pensioners in the VI Central Pay Commission as issued by the Government letter dated and PCDA(P), Allahabad, vide their Circular No.430 dated is not applicable to Ex gratia payment. Further, we observe that the Recommendations and subsequent Government Orders on implementation of VII Central Pay Commission dated is also not applicable to those in receipt of Ex gratia payment. Save for the fact that their Ex gratia pay has been increased from Rs.600/- to Rs.750/- vide Government of India letter dated , the Reservists who had opted for Lump Sum Gratuity, have received no benefits on account of VI

16 16 Central Pay Commission and VII Central Pay Commission, as well as the Government s implementation of One Rank One Pension (OROP). This works out to approximately Rs.3792/- including Dearness Pay and DA and compares unfavourably with a Reservist whose minimum pension has been fixed at Rs.9000/- per month in the VII Central Pay Commission, and are therefore, inclined to agree with the contention of the Learned Counsel for the applicant, that his client and similarly placed personnel have received a raw deal. 12. Further, we observe that the sum of Rs.750/-, originally paid as Lump Sum Reservist Gratuity has been deducted from the applicant, while granting the Ex gratia pay. The Counsel for the applicant would plead that since the Lump Sum Reservist Gratuity paid was recovered from the applicant, while granting the Ex gratia pay, the Option Certificate signed by him on , is no more binding on him and should be treated as void, and he should be treated at par with personnel retired with minimum 15 years Combined service and Reservist service and granted Reservist Pension and other benefits as applicable to similarly placed personnel. 13. In support of his argument, the Learned Counsel for the applicant has also cited an Order dated (O.A.No.54 of 2010) passed by the Armed Forces Tribunal, Kochi Bench in the case of K. Kesavan Vs. UoI &

17 17 Others, in which the applicant was granted Reservist Pension from the date on which Lump Sum Gratuity of Rs.750/- was deducted from his pay. For a better understanding, Para-4 of the said Order is extracted below :- 4. The learned counsel for the applicant submitted that as per the provisions contained in the Pension Regulations for the Army, Part I, 1961, the applicant was entitled to Reservist Pension after a combined service of 15 years in colour and reserve service. As per his submission, the claim for reservist pension was rejected on the ground that the applicant had already accepted gratuity and therefore, he was not entitled for the same. 5. A reply statement has been filed by the respondents, in paragraph 6 of which, it has been averred that in view of the fact that the applicant elected to receive gratuity in lieu of reservist pension, under the provisions of the Rules as such, he was not entitled for reservist pension. It has further been pointed out that the applicant had already been granted Rs.750/- a lumpsum amount and he had not opted for grant of pension, hence ex-gratia pension of Rs.600/- per month with dearness relief applicable to him from time to time with effect from 1 st November, 1997 was granted. As per the submission of

18 18 the learned Senior Panel Counsel, in view of the fact that the applicant had already elected for grant of gratuity, therefore, he was not entitled for any reservist pension. 6. As is apparent from the perusal of the records and also not disputed by the respondents, the applicant had already been called twice for active service during the period he was kept as reserve, this being so we are of the view that the applicant is entitled for reservist pension. In view of the fact that a sum of Rs.750/- was deducted in November, 2002, therefore, in our considered view, it would be appropriate that the applicant be allowed Reservist Pension from November, 2002, i.e. the date on which the aforesaid amount was deducted. 7. In the circumstances, we allow the O.A. and declare that the applicant is entitled for reservist pension. The reservist pension to the applicant accordingly shall be paid with effect from November, The exercise shall be carried out within four months from the date a certified copy of this order is served on the respondents. 14. We find merit in the arguments of the Learned Counsel for the applicant and that since the Lump Sum Reservist Gratuity has been deducted from the pay of the applicant, he should be treated in the same class of Reservist

19 19 Pensioners and be eligible for Reservist Pension. The Hon ble Supreme Court in its Judgement dated in the case of K.J.S. Buttar Vs. Union of India and Another, following the judgment of Hon ble Supreme Court in the case of Union of India & Anr. vs. S.P.S. Vains (Retd.) & Ors. 2008(9) SCC 125, had opined that there cannot be two separate categories of persons within the same class and therefore, they ought to get the same benefits and granted War Injury Pension to the applicant even though the injury he suffered preceded the effective date mentioned in the Government order. The relevant portion of the said Judgement is extracted below for a better understanding :- 13. In Union of India & Anr. vs. S.P.S. Vains (Retd.) & Ors (9) SCC 125, it was observed: 26. The said decision of the Central Government does not address the problem of a disparity having created within the same class so that two officers both retiring as Major Generals, one prior to and the other after , would get two different amounts of pension. While the officers who retired prior to would now get the same pension as payable to a Brigadier on account of the stepping up of pension in keeping with the fundamental rules, the other set of Major Generals who retired after will get a higher amount of pension since they would be entitled to the benefit of the revision of pay scales after In our view, it would be arbitrary to allow such a

20 20 situation to continue since the same also offends the provisions of Article 14 of the Constitution. The question regarding creation of different classes within the same cadre on the basis of the doctrine of intelligible differentia having nexus with the object to be achieved, has fallen for consideration at various intervals for the High Courts as well as this Court, over the years. The said question was taken up by a Constitution Bench in D.S. Nakara where in no uncertain terms throughout the judgment it has been repeatedly observed that the date of retirement of an employee cannot form a valid criterion for classification, for if that is the criterion those who retired by the end of the month will form a class by themselves. In the context of that case, which is similar to that of the instant case, it was held that Article 14 of the Constitution had been wholly violated, inasmuch as, the Pension Rules being statutory in character, the amended Rules, specifying a cut-off date resulted in differential and discriminatory treatment of equals in the matter of commutation of pension. It was further observed that it would have a traumatic effect on those who retired just before that date. The division which classified pensioners into two classes was held to be artificial and arbitrary and not based on any rational principle and whatever principle, if there was any, had not only no nexus to the objects sought to be

21 21 achieved by amending the Pension Rules, but was counterproductive and ran counter to the very object of the pension scheme. It was ultimately held that the classification did not satisfy the test of Article 14 of the Constitution. However, before we give such directions we must also observe that the submissions advanced on behalf of the Union of India cannot be accepted in view of the decision in D.S. Nakara case. The object sought to be achieved was not to create a class within a class, but to ensure that the benefits of pension were made available to all persons of the same class equally. To hold otherwise would cause violence to the provisions of Article 14 of the Constitution. It could not also have been the intention of the authorities to equate the pension payable to officers of two different ranks by resorting to the step-up principle envisaged in the fundamental rules in a manner where the other officers belonging to the same cadre would be receiving a higher pension. (Emphasis supplied by us) The Hon ble Apex Court then concluded that the applicant, Capt KJS Buttar was entitled to grant of War Injury Pension with effect from even though the injury gun shot wound left elbow sustained by him was prior to the said date and the Release Medical Board dated assessed the degree of disability to be 50% for life.

22 In the instant case, the applicant had retired after 15 years of Colour cum Reserve Service and was therefore, entitled to Reservist Pension. He had, however, opted for Lump Sum Reservist Gratuity in lieu. The said provision of Lump Sum Reservist Gratuity under Regulation-155 and 156 of Pension Regulations for the Army, 1961 (Part-I) has become obsolete with effect from He was subsequently granted Ex gratia pay with effect from While granting the same, the Government had recovered the Lump Sum Reservist Gratuity, i.e., Rs.750/- paid to him at the time of his discharge vide PPO No.S/2207/2002 issued in August, Since the Lump Sum Reservist Gratuity paid to him has been recovered in full and the fact that the said Regulation has become obsolete, the option exercised by him has lost its relevance and cannot anymore bar his entitlement to Reservist Pension. Further, we find that the Government has described the benefit extended to them as Ex gratia pay. Significant to note that he had long since ceased to be in the service of Government to receive any pay or Ex gratia pay. Usage of term ex gratia pay instead of ex gratia pension where Lump Sum Reservist Gratuity was withdrawn would not hold good. Evidently, the benefit was styled as Ex gratia pay, which, as already stated is a misnomer. We therefore, find that the applicant should be treated at par and as same class as those Reservist Pensioners who have retired prior to and are receiving Reservist Pension.

23 In view of the foregoing, we find that the applicant is entitled to Reservist Pension from August, Keeping in view the principles laid down by Hon ble Apex Court in the case of Union of India and Others vs. Tarsem Singh reported in (2008) 8 SCC 648, the arrears of Reservist Pension payable to the applicant is restricted to three years prior to the date of filing of the O.A. ( ) i.e. from In sum, the applicant is entitled to grant of Reservist Pension from The Respondents are directed to issue PPO to that effect and pay the arrears of Reservist Pension within a period of 3 months from the date of the order and in default, the arrears shall carry interest at 9% per annum. O.A. is ordered accordingly. No order as to costs. Copy of this order be served to both parties. Sd/ LT GEN K. SURENDRA NATH MEMBER (ADMINISTRATIVE) Sd/ JUSTICE S.S. SATHEESACHANDRAN MEMBER (JUDICIAL) (True copy) Member (J) Index : Yes/No Member (A) Index : Yes/No Internet : Yes/No Internet : Yes/No NCS

24 24 23(a) The Honourable Justice S.S. Satheesachandran (Member-Judicial) and The Honourable Lt Gen K Surendra Nath (Member-Administrative) O.A.No.84 of On pronouncement of the order in this OA-84 of 2014, Capt. Tarun Kalra, JAG Officer (Army), Dakshin Bharat Area, Chennai, representing the respondents made an oral request for grant of leave to prefer an appeal before the Hon ble Apex Court. We are of the view that no question of law of general public importance is involved in the case. Leave declined. Sd/ Member (A) Sd/ Member (J)

25 25 To: 1. The Defence Secretary Ministry of Defence (Army) New Delhi O I/C Signal Records Jabalpur, M.P. 3. The PCDA (P) Allahabad, U.P. 4. The Chief of Army Staff Army Head Quarters New Delhi. 5. Mr. S. Pasupathi Counsel for applicant. 6. Mr. G. Venkatesan, CGC For Respondents. 7. OIC, Legal Cell, Dakshin Bharat Area, Chennai. 8. Library, AFT/RB, Chennai.

26 26 HON BLE MR.JUSTICE S.S. SATHEESACHANDRAN MEMBER (JUDICIAL) AND HON BLE LT GEN K. SURENDRA NATH MEMBER (ADMINISTRATIVE) O.A.No.84 of 2014 Dt: