Armed Forces Tribunal

Dated 09-05-2018 MA-06/2017 on 9 May 2018

Notes of the

Registry

Orders of the Tribunal.

IN THE ARMED FORCES TRIBUNAL,

REGIONAL BENCH, GUWAHATI

MA-06 OF 2017

(in OA 05 of 2017)

Ex-Sep Paokholun

…… Applicant.

By legal practitioners for

Applicant.

Mrs Rita Devi

Mr. AR Tahbildar

-Versus-

UOI & Others.

……. Respondents

By legal practitioners for

Respondents.

Mr. N. Baruah, CGSC.

PRESENT

HON`BLE DR. (MRS) JUSTICE INDIRA SHAH, MEMBER (J)

HON`BLE LT GEN GAUTAM MOORTHY, MEMBER (A)

ORDER

09.05.2018

1. This MA has been preferred in conjunction with OA-05 of 2017 praying to condone the delay of 20 years,10 months and 5 days in filing the OA.

2. The case pertains to rounding off disability element of pension that the applicant has already been getting from the date of his retirement.

3. While perusing the MA along with OA-05 of 2017, it is seen that vide order dated 24.03.2017, this Tribunal observed that the applicant had shortfall in qualifying service for grant of minimum service pension. Accordingly, the Bench moulded the relief by directing the applicant to file proper application before the appropriate authority seeking condonation of shortfall in qualifying service.

4. Be that as it may, since the pension is continuous cause of action, in view of the catena of judgment of the Hon’ble Supreme Court, the delay in filing the OA deserves to be condoned.

5. Accordingly the delay in filing the OA is condoned.

6. Misc. case is disposed of accordingly.

MEMBER (A) MEMBER (J)

Kalita

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