Armed Forces Tribunal
Ex Sep Gilbert Fernandez (Army) vs UOI & Others on 13 August 2025
OA No 161/2022 Ex Sep Gilbert Fernandez Vs UOI & Ors ARMED FORCES TRIBUNAL, REGIONAL BENCH, JAIPUR
30.
OA No 161/2022 with MA No 234/2022
No-13908396 Ex Sep Gilbert Fernandez, S/o M. Fernandez, R/o House No 112, Rama Heritage, near Cine Star, Central Spine, Vidhyadhar Nagar, Jaipur-302039 (Raj)
.… Applicant
Versus
1.
Union of India, represented by Secretary, Ministry of Defence, South Block, New Delhi-110011
2.
The PCDA (P), Draupadi Ghat, Allahabad (UP)
3.
The OIC Records, AMC Records
PIN-900450, C/o 56 APO
…. Respondents
For Applicant
: Mr Sunil Kumar, Advocate
For Respondents
: Mr Sudesh Chand Sharma, Advocate
CORAM
HON’BLE MR. JUSTICE GOVERDHAN BARDHAR, MEMBER (J)
HON’BLE MR SANJIV MITTAL, MEMBER (A)
Citations and Judicial Treatment
Cited by
0
Decisions in the index citing it
Cites
0
Decisions referred to
In this index
0
Of the decisions it cites
Overruled / Questioned
0
No negative treatment found
Loading the citing and cited decisions…
This judgment in the centre: on the left the decisions it cites, on the right the decisions citing it. Colour is the treatment; choose a decision to open it.
O R D E R
13.08.2025
1. By way of this Application under Section 14 of the Armed Forces Tribunal Act 2007, the Applicant has prayed for directing the Respondents to grant Rounding Off benefits of Disability Element of Disability Pension from 20% to 50% from 01.01.1996 to 31.12.2025 and that the arrears be paid along with interest @ 18% per annum.
2. During the course of arguments, Learned Counsel for the Respondents submitted that the Rounding Off Benefits from 20% to 50% has already been granted to the Applicant vide Corr PPO DE/Corr/10165/2019 dt 21.07.2019 (Annexure R/5) and the copy of the Corr PPO has already been forwarded to the Pension Disbursing Agency (PDA) vide their letter dt 14.08.2019 (Annexure R/6). Learned Counsel for the Respondents further submitted that nothing remains to be done on behalf of the Respondents and, hence, the OA is infructuous. However, in case the Applicant has not been granted the due benefits, he should liaise with his PDA. On knowing the above fact, Learned
OA No 161/2022 Ex Sep Gilbert Fernandez Vs UOI & Ors Counsel for the Applicant sought permission to withdraw the OA with liberty to make his representation to the PDA, which is allowed.
3. Taking into consideration overall facts and circumstances of the case and also the fact that the Applicant has not impleaded the PDA and the oral prayer of the Counsel for the Applicant, we direct that if the Applicant makes a representation with regard to his prayer in the OA to the PDA within a period of one month from the date of receipt of a certified copy of this Order, the PDA shall consider and decide the case of the Applicant within a period of two months thereafter.
4. The OA is disposed off, accordingly. Pending Miscellaneous Application(s), if any, also stand disposed off.
5. No order on costs.
(SANJIV MITTAL)
(GOVERDHAN BARDHAR) MEMBER (A)
MEMBER (J)
Ssy/-