Armed Forces Tribunal
Ex Nb Sub Surendra Kumar vs UOI & Others on 17 September 2025
ARMED FORCES TRIBUNAL, REGIONAL BENCH, JAIPUR
5.
MA 160/2025 in MA(E) 71/2024 in OA 153/2013
Ex Nb Sub Surendra Kumar
…. Applicant
Versus
UOI & Others
…. Respondents
For Applicant
: Ms Anjali Minocha, Sunita Sinwar, Advocate For Respondents : Mr Gajendra Sharma, Advocate
CORAM:
HON’BLE MR. JUSTICE GOVERDHAN BARDHAR, MEMBER (J)
HON’BLE MR. SANJIV MITTAL, MEMBER (A)
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O R D E R
17.09.2025
1. Counsel for the Applicant has filed this MA No 160/2025 praying that the Order dated 27/3/2025 be recalled and the applicant be granted financial reliefs with regard to pay and allowances as well wef 01/3/2012 onwards. She has further prayed that this Tribunal Order dated 15/3/2022, the applicant should be granted disability pension wef 01/3/2022 and not from 01/1/2016 with interest @ 8% till the date of implementation of Order dated 01/3/2022.
2. We have heard the counsels for the parties and perused the material placed on record.
3. Perusal of record reveals that vide Order dated 15/3/2022 in OA No 153/2013 filed by Ex Nb Sub Surendra Kumar, while this Tribunal did not find any merit in the plea of the applicant for setting aside his discharge from service and denial of promotion to the rank of Subedar and thus rejected his prayer for promotion to Subedar and pay and allowances for the appointment of Subedar, the Respondents were directed to grant rounding off benefit of his disability
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element of disability pension from 30% to 50% wef 01/3/2012 to the applicant for life. During the course of hearing on MA Execution ApplicationNo 71/2024 on 27/3/2025, the MA Execution Applicatin was disposed off on the basis of submission made by the counsel for the Respondents about compliance having been done in this matter by issuing a PPO, a copy of which was also handed over to the counsel for the applicant at the time of hearing. However, counsel for the applicant submits that relief has not been granted to the applicant with effect from 01/3/2012, as ordered by this Tribunal.
4. In view of the foregoing, MA filed by the counsel for the applicant for recalling of Order dated 27/3/2025 is totally devoid of merit. However, perusal of PPO dated 12/1/2024 placed on record by the counsel for the Respondents during the course of hearing held on 27/3/2025 reveals that relief has been granted to the applicant wef 01/1/2016 and it is not known whether rounding off benefit has been granted wef 01/3/2012 as ordered by this Tribunal. Respondents are, therefore, directed to issue a correct PPO, if not already done granting relief as ordered by this Tribunal vide Order dated 15/3/2022 within a period of four months from the date of receipt of a copy of this Order.
5. MA No 160/2025 disposed off accordingly. File be consigned to record. However, in case the applicant has any grievance even after issuance of fresh PPO granting relief, he will be at liberty to approach this Tribunal de novo.
(SANJIV MITTAL)
(GOVERDHAN BARDHAR) MEMBER (A)
MEMBER (J)
cda/-