Ex Sep Shrikishan Sharma vs UOI & Others on 9 December 2021

**O R D E R

09.12.2021**

1. 1. This Review Application has been filed by the Applicant in the OA seeking Review of the Order dated 30/11/2018 on the ground that the application filed by the Applicant was allowed but due to typographical error typed Disability Element of Disability Pension in Para 11 and 12 of the Order.

2. 2. We have gone through the Application filed by the Applicant and perused the records.

3. 3. It is argued before us that while passing the judgment the Hon'ble Tribunal in Para 10 has held that the Applicant was invalided out in Low Medical Category and the disease was held to be NANA and relied upon the Hon'ble Supreme Court Judgment Rajbir Singh but in the next two Paras due to typing mistake the word Disability Element was typed which is inadvertent mistake contrary to the intention and spirit of judgment as per which the Applicant was entitled for Disability Pension which includes both the Service Element and Disability Pension. In the identical case of Sep Banwari Lal Mood, the identical typing mistake was corrected by way of Review. Therefore, it is requested to

correct the typographical error in the aforesaid Order. Respondents raised no cogent objection.

4. From the record it is self-evident that the Applicant had requested for Disability Pension and relied upon the judgment of the Hon'ble Supreme Court in the case of UOI & Others Vs Rajbir Singh JT 2015(2) SC 392. Due to typographical mistake Disability Element of Disability Pension has been typed in Para 11 & 12 of the said Order, which is an error apparent on the face of the record.

5. Thus the Review Application is allowed and ordered to correct the typographical mistake by deleting the words "**Disability Element of**" from the Para 11 & 12 of the aforesaid Order dt 30/11/2018 passed in OA No 15/2015.

6. This Order is read as the part of the Order dt 30/11/2018 passed in OA No 15/2015.

7. MA for condonation of delay also stands disposed off accordingly.

Sd/-x x x

(BOBBY CHERIAN MATHEWS) MEMBER (A)

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(RAJENDRA MENON) CHAIRPERSON