RAM HARSH Vs. UNION OF INDIA

JUDGEMENT

(1.) The present writ petition is filed by the petitioner challenging the order dtd. 27/8/2021 passed by the Armed Forces Tribunal (RB), Lucknow in Original Application No.475 of 2017. It is further prayed in the present writ petition to issue direction commanding the respondent authorities to pay interest at the rate of 18 % per annum on the arrears of pension and other retiral dues w.e.f. 7/8/1991 to the date of actual payment of the aforesaid arrears of pension and other retiral dues.

(2.) The brief facts of the case arising in the present writ petition are that the petitioner was enrolled in the Army Medical Corps of Indian Army on 6/8/1971 and was discharged from service on 20/4/1997, being deserter. Being aggrieved, petitioner preferred Civil Misc. Writ Petition No.16478 of 2001 before this Court. Upon creation of the Armed Forces Tribunal, the same was transferred and renumbered as Transfer Application No. 1469 of 2010. The aforesaid Transfer Application was allowed by the order dtd. 21/4/2016 to the extent that the respondents were directed to pay pension and all other retiral benefits to the petitioner, considering him to be in service upto 6/8/1991 within a period of three months. When the respondents did not comply with the aforesaid order, the petitioner preferred Execution Application No. 173 of 2016. In execution proceedings on 29/5/2017, the authorities concerned handed over the Pension Payment Order bearing No.5001122017 dtd. 28/6/2017 and the petitioner was paid pension w.e.f. 28/6/2017. Thereafter, the respondent authorities have paid all the retiral dues of the petitioner w.e.f. 7/8/1991 in terms of PPO dtd. 26/5/2017.

(3.) The petitioner thereafter, preferred Original Application No.475 of 2017 before the Armed Forces Tribunal, Regional Bench, Lucknow with the following prayers:-