Ex Gdr Roop Singh vs UOI & Others on 12 March 2020

ORDER

Admitted

MA 435 of 2017

This is an application moved for condonation of delay for filing the accompanying application. Application is supported by an affidavit. The reason assigned in the application appears to be satisfactory. Therefore, the application is allowed and the delay is condoned.

Reply filed on behalf of the respondents is taken on record.

The claim of the applicant for according the benefit of rounding off, of his disability element of disability pension was rejected by the respondents vide order dated 24.03.2017 (Annexure A-2) which is wrong and illegal in view of the decision of the Apex Court rendered in Civil Appeal No.418 of 2012 (Union of India and others Vs. Ram Avtar Decided on 10.12.2014).

Notice.

Mr. S.N.Swami, CGC accepts notice on behalf of the respondents.

With the consent of the parties the matter is taken on board for final disposal.

-2-

Heard.

The learned counsel for the applicant has argued that the applicant is entitled to the claimed relief on the basis of the judgment of the Apex Court in Ram Avtar’s Case (Supra).

Confronted with the above facts, learned counsel for the respondents does not dispute the legal position.

In the present case, the applicant was getting disability element of disability pension w.e.f. 01.03.2001 for two years @ 20% and thereafter w.e.f. 16.12.2002 to life @ 20% as is apparent from reply, therefore, he is entitled for the benefit of rounding off by computing his disability to the extent of 50% as against 20%. Accordingly, the petition is allowed on the same terms as in Ram Avtar’s case (supra) and order dated 27.04.2016 (Annexure A-1) is set aside. However, the arrears are restricted to three years prior to the date of filing of this OA i.e. 28.04.2017.

On verification of the aforesaid factual facts from their record, the respondents shall calculate the arrears and release it to the applicant after getting the requisite government sanction followed by PPO within a period of four months from the date of receipt off certified copy of this order by the learned counsel for the respondents, failing which arrears shall carry interest @ 8% p.a. from the date of this order.

Application is disposed of in the aforesaid terms.

(P Murugesan)

(Mohammad Tahir) Member (A)

Member (J)

pk