Ex Sub (Hony Lt) Amar Singh vs UOI & Others on 12 March 2020

ORDER

This Original Application has been filed by the applicant for grant of benefit of rounding off of 30% disability to 50% w.e.f. 01.05.2003. Reply already filed by the respondents is taken on record. Non-consideration of claim of the applicant for according the benefit of rounding off, of his disability element of disability pension inspite of representation dated 27.09.2017 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 Sandeep Garssa, CGC accepts notice on behalf of the respondents. With the consent of the parties the matter is taken on board for final disposal. 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 is already getting disability element of pension w.e.f. 09.01.2005 for life @20% disability as is apparent from the reply of the respondents, based on the RSMB held on 09.1.2006 which assessed the disability of the applicant @20% for life. Therefore, he is entitled for the benefit of rounding off by computing his disability to the extent of 50% as against 20% w.e.f. 09.01.2005. However, the arrears are restricted to three years prior to the date of filing of this OA i.e. 09.01.2018.

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 of

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 he aforesaid terms.

(P Murugesan)

(Mohammad Tahir) Member (A)

Member (J)

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