OA-46/2017 dated 25-10-2017 on 25 October 2017

1. The Union of India, Represented by ……..……..Respondents

The Secretary, Ministry of Defence

Sena Bhawan, New Delhi – 1

2. Records, The Assam Regiment

Pin (ARMY) – 900 332

c/o 99 APO

3. Additional Directorate General, Personnel Services, PS-4(d)

Adjutant General’s Branch, IHQ of MoD (Army)

DHQ, PO – New Delhi

4. The Principal Controller of Defence Accounts (Pension)

Allahabad, Pin – 211 014 (Uttar Pradesh)

By legal practitioner for the

Respondents

Mr N Baruah, CGSC

PRESENT

HON’BLE MR. JUSTICE V.K. SHALI, MEMBER (J) HON’BLE LT GEN C.A. KRISHNAN, MEMBER (A)

25.10.2017

1. This is an application seeking broad banding of the disability pension which the applicant is receiving @ 40%.

2. We have heard the learned counsel for the applicant.

3. We also heard the learned counsel for the respondents who has not disputed the proposition after the Judgment of the Hon’ble Supreme Court in Ramavatar case. The applicant is entitled broad banding of the disability pension @ 50%.

4. Having regard to the submissions made, a direction is passed to the respondents to give pension to the applicant @ 50% on account of the fact that he has suffered @ 40% disability pension for life.

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5. The aforesaid Broad Banding shall be given effect from 1st November 2016.

6. From November, 2016 till 31-10-2017 shall be paid within a period of 4 months from today and the further pensionary benefits shall be paid @ 50% in terms of the Broad Banding.

7. Respondents to take steps to issue necessary sanction and amend the Pension Payment Order within a period of 2 months from today.

8. With the above directions, the OA stands allowed.

MEMBER(A)

MEMBER(J)

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