UNION OF INDIA (UOI) Vs. SURINDER SINGH PARMAR

JUDGEMENT

(1.) The appellants have preferred this appeal against orders dated 19th November, 2013 and 5th March, 2014 passed by the Armed Forces Tribunal, Principal Bench at New Delhi in O.A. No.401 of 2013 and R.A No.11 of 2014 with M.A No.120 of 2014 in O.A. No.401 of 2013 respectively. By the impugned order dated 19th November, 2013, the Tribunal allowed the original appeal filed by the respondent and held that the respondent rendered actual service to the extent of 14 years by rounding off, which makes him eligible for consideration of condonation of shortfall of pensionable service of one year and in view of striking off of Rule 82(a) the respondent cannot be denied the benefit of condonation of shortfall in service on the ground that he took the discharge from service voluntarily on his own request.

(2.) The factual matrix of the case is as follows:-

(3.) The respondent initially approached the High Court of Delhi by filing Writ Petition (C) No.12507C of 2004. It was pointed out before the High Court that the Division Bench of the Bombay High Court in Writ Petition No.430 of 2005 titled Gurmukh Singh v. UOI vide judgment dated 22nd November, 2006 declared the Navy (Pension) Regulation 82 (a) as null and void being ultra vires to Article 14 of the Constitution of India. Regulation 82(a) provided that the benefit of condonation of shortfall in pensionable service shall not be applicable to the case in which a sailor got the discharge from the service at his own request. It was also brought to the notice of the High Court that similar finding was given by the Delhi High Court in the case of the respondent in Writ Petition (C) No.12507 of 2004 vide order dated 6th November, 2007 and that the appellant-Union of India was directed to consider the case of the respondent for the purpose of condoning the deficiency in service and pass appropriate orders within three months.