GhanshyamPrasad
Issue notice to the respondents.
Mr. Sandeep Bansal, CGC, accepts notice on behalf of the respondents.
This application under Section 14/15 of the Armed Forces Tribunal Act, 2007 has been filed for grant of benefit of ârounding offâ.
It appears from the record that the petitioner joined the Army service on 22-03-1985 and was discharged from the service on 31-03-2007 on completion of service tenure in low medical category with 20% disability as assessed by the Release Medical Board.
The grievance of the petitioner is that though he is already getting disability pension for 20% disability, but the benefit of ârounding offâ as per Ministry of Defence letter dated 31-01-2001 has not been given to him.
It is submitted by the learned counsel for the petitioner that the only ground for rejection of petitioners claim is that he was discharged from service on completion of tenure of his service.
It is further submitted by the learned counsel that the petitioner is entitled to get the benefit of the provisions contained in paragraph 7.2 read with paragraph 8.2 of the aforesaid letter of Govt. of India dated 31-01-2001 irrespective of bar contained in paragraph 8.2 of the letter. This matter has been settled by one of the Benches of this Tribunal in OA No. 329 of 2010 (Lt. Gen. Vijay Oberoi vs UOI and ors.) along with other connected matters in which this Bench has struck down the provision contained in paragraph 8.2 of the letter dated 31-01-2001 as they relate to non-applicability of para 7.2 in the cases of persons discharged from service on attaining the age of superannuation.
It is also submitted by the learned counsel that now the Honble Supreme Court in its decision dated 31-03-2011 rendered in Civil Appeal No. 5591 of 2006 (K.J.S. Buttar vs UOI and another), has also held that any officer, who is found suffering from disability and discharged on medical ground in low medical category on completion of term of his tenure, shall be deemed to have been invalided out of service. Therefore in view of the above decision, the petitioner is entitled to get the benefit of ârounding offâ from the date of his discharge i.e. 31-05-2000.
The learned counsel for the respondents does not dispute the legal position and submits that the matter in issue has already been settled by the Honble Supreme Court as well as by this Bench in the decisions referred to above.
Accordingly, this application is allowed in the light of the decisions referred to above. The respondents are directed to release the benefit of rounding off in favour of the petitioner along with arrears w.e.f. 31-03-2007 within four months from the date of receipt of this order. However, the arrears shall be restricted to a period of three years prior to filing of this application with interest @ 10% per annum.