UOI & Others vs Surendra Kumar Pandey on 25 August 2026

**ORDER**

**25.08.2026**

**यतो न्यायः ततो जयः**

1. While the applicants in the OA have filed Execution Application to execute the Order passed by this Tribunal, the UOI, ie, the Respondents in the OA, has filed Review Application, praying for review of Order passed therein.

2. We have heard the parties and perused the material on record.

3. In the Review Application No RA 17/2025 in TA 61/2011, filed by the UOI, the main contention of the Respondents in the TA is that the Respondents have inadvertently stated in their Reply Statement that the pay and allowances of the deceased JWO Ratipal Pandey with effect from 26/8/1986, ie the date of his discharge till 31/5/2000, ie, the date of his superannuation from service was being calculated and finalised based on which the Order dated 26/4/2023 was passed by this Tribunal. The Counsel for the Respondents passionately submits that the statement of the Respondents in the TA was a genuine mistake which was not in consonance with the order of the Hon'ble High Court nor was it otherwise admissible to the deceased soldier, given the axiom of no work, no pay rule and that Hon'ble High Court vide its Order dated 19/5/2006 in DB Civil Special Appeal No 270/2006 had granted only Family Pension, if otherwise eligible, from the date of order (In SB CW No 1131/1987) to the original applicant in the TA. They have further submitted that the impugned Order is liable to be set aside and quashed. Towards that score, the Respondents in the TA have also filed an amended Reply Statement, correcting their stand from the earlier one and prayed for hearing the matter de novo.

4. We have perused the material placed on record and the submissions made by the Counsel for the Applicants in RA No 17/2025.

5. Since the RA was filed on 10/12/2025 well after more than two and a half years from the date of passing of Order dated 26/4/2023 by this Tribunal by highlighting the lacunae which they have realised and raised at a much belated stage, this RA is not entertainable and, hence, the RA is dismissed as the scope of Review is limited to correct any error apparent and not to rehear the matter in its entirety.

6. During the course of Virtual Hearing, counsel for the applicant submits that despite considerable time having elapsed since passing of the Order in TA, neither the Order has been complied with nor the order dated 30/7/2026 with regard to payment of cost of Rs 10,000/- (Rupees Ten Thousand only) has been paid to the applicant till date. Contra, Counsel for the Respondents submits that action on the part of the Respondents in this matter is not deliberate and he has earnestly prayed for waiving the cost imposed vide Order dated 30/7/2026.


7. Taking note of overall facts and circumstances of the case at hand, we deem it appropriate to waive the cost of Rs 10,000/- (Rupees Ten Thousand only) as ordered on 30/7/2026. However, the Respondents in the TA are directed to make compliance of Order dated 26/4/2023 passed-by this Tribunal in TA No 61/2011 in letter and spirit within a period of 14 weeks.

श्रीमत् जय

8. List this matter in Physical Hearing as and when held at Circuit Bench, Armed Forces Tribunal, Jodhpur after 14 weeks.


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(SANJIV MITTAL) MEMBER (A)

(GOVERDHAN BARDHAR) MEMBER (J)

cda/-


PUT UP FOR HEARING / Ord

ON 08-12-26 (PH)

Handwritten signature