L BOBBY JOSEPH Vs. UNION OF INDIA

JUDGEMENT

(1.) The Appellant was granted Short Service Commission on 15.06.1969 and Permanent Commission on 15.06.1974. His promotion/seniority was fixed w.e.f. 12.08.1970. He voluntarily proceeded for his pre-mature retirement w.e.f. 15.07.1991 in the rank of Major. He was granted pension by an order dated 29.07.1991, as Major.

(2.) By an order dated 25.09.1991, the Appellant was granted substantive rank of Lt. Colonel. The Appellant sought for revision of pension as he was entitled for payment of pension applicable to the rank of Lt. Colonel (TS) pursuant to the implementation of the 5th Central Pay Commission. As the request made by the Appellant was rejected, he approached the Armed Forces Tribunal, Regional Bench, Kochi, which directed the reconsideration of the representation made by the Appellant.

(3.) By way of implementation of the direction issued by the Armed Forces Tribunal, the Respondent reconsidered the matter pertaining to the payment of pension applicable to the rank of Lt. Colonel (TS) to the Appellant. By observing that the Appellant did not complete 21 years of reckonable service which was required for grant of pension to the Lt. Colonel, as per the Army Order dated 20.03.1990, the Respondents held that the Appellant was not entitled for payment of pension applicable to the Lt. Colonel (TS). The Military Secretary Branch, M3-8A Integrated Headquarters of Ministry of Defence (Army) South Block, New Delhi was of the opinion that the Appellant fell short of the requisite 21 years by a period of 30 days.