UNION OF INDIA Vs. ABHIRAM VERMA

JUDGEMENT

(1.) Feeling aggrieved and dissatisfied with the impugned judgment and order dated 9.2.2018 passed by the Learned Armed Forces Tribunal, Regional Bench, Srinagar at Jammu (hereinafter referred to as the 'Tribunal ') in T.A. No. 25/2017(SWP No. 454 of 2008), by which the learned Tribunal has disposed of the said transfer application by setting aside para 2 of letter dated 31.01.2007 to the extent it denied terminal/pensionary benefits to the respondent herein - original applicant (hereinafter referred to as the 'respondent ') and directed the appellants - original respondents to process his claim for terminal/pensionary benefits taking his qualifying service as 15 years as regards "late entrant " in terms of Regulation 15 of the Pension Regulations and to release the same together with arrears, the department - Union of India and another have preferred the present statutory appeal.

(2.) The facts leading to the present appeal in nutshell are as under: That the respondent herein commissioned in the Indian Army (Armed Medical Corps) as a Short Service Commission Officer on 27.03.1992 for a period of five years at the age of 33 years and 10 months. He voluntarily applied for Permanent Commission on 7.8.1997. He was granted Permanent Commission at the age of 39 years and 2 months on 28.01.1998. Respondent became a Graded Specialist on 1.6.1994 and thereafter he became a Classified Specialist on 1.6.1999. By letter/application dated 15.04.2000, the respondent applied for resignation on the ground of lack of promotional prospects. At this stage, it is required to be noted that his actual date of superannuation at 56 years of age was 31.05.2014. The application for resignation came to be rejected by the DG, Medical Services (Army) vide communication dated 4.9.2000. That thereafter the respondent filed a statutory complaint on 24.03.2001 against the rejection of his resignation, the same was rejected by the Under Secretary, Government of India on 14.03.2002. That thereafter the respondent filed a writ petition before the High Court of Jammu & Kashmir being SWP No. 1573/2001 against the rejection of his complaint by the Under Secretary, Government of India. The said writ petition came to be allowed by the High Court vide order dated 11.10.2006 quashing the order of the Under Secretary which rejected the respondent 's resignation and directed the Army to consider the case of resignation afresh. That thereafter the respondent 's resignation came to be accepted vide order/communication dated 31.01.2007, however, it was stated that he was not entitled to any terminal benefits except for encashment of leave (the denial of the terminal benefits was the subject matter before the Armed Forces Tribunal). The name of the respondent was struck off from the Army Medical Corps vide movement order dated 22.04.2007, with effect from 23.04.2007.

(3.) Ms. Madhavi Divan, learned Additional Solicitor General of India has appeared on behalf of the appellants and Shri Vikas Singh, learned Senior Advocate has appeared on behalf of the respondent.