Supreme Court - Daily Orders
Davinder Singh vs Union Of India . on 20 September, 2016
Author: Chief Justice
Bench: Chief Justice, A.M. Khanwilkar, D.Y. Chandrachud
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IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL No. 9946 OF 2016
(Arising out of SLP(C) No. 3353 of 2012)
DAVINDER SINGH ... Appellant(s)
Versus
UNION OF INDIA AND ORS. ... Respondent(s)
O R D E R
Leave granted.
This appeal arises out of an Order dated 04.11.2011 passed by the Armed Forces Tribunal, Regional Bench, Chandigarh whereby O.A. No. 1289 of 2011 has been allowed in part and the appellant held entitled to the benefit of rounding off w.e.f. 01.01.1996. The Tribunal has however directed that the appellant shall be entitled to claim arrears subject to adjustment of the amount already paid to him only for a period of three years prior to the filing of the application moved by Signature Not Verified Digitally signed by SHASHI SAREEN him before the Tribunal. It is that part of the order Date: 2016.10.05 15:26:55 IST Reason: only which has been assailed before us in the present appeal.
2Learned counsel for the appellant argued that the Tribunal has while holding the appellant entitled to the benefit of rounding off inter alia placed reliance on a similar order passed by the Tribunal in a bunch of 85 cases allowed and disposed off vide Order dated 06.04.2011 in T.A.No. 1077 of 2010 (Jai Singh Vs. UOI & Ors.) along with other connected cases. The said order when challenged before this Court was affirmed. From a reading of the order passed by the Tribunal in Jai Singh's case supra, it is evident that the Tribunal had while allowing the batch of petitions held the appellants therein, who were retirees prior to 01.01.1996, to the benefit of rounding off of disability pension as per letter dated 31.01.2001. The benefit was given w.e.f. 01.01.1996. Arrears w.e.f. 01.01.1996 with interest @ 8% p.a. were also allowed. It is argued by learned counsel for the appellant that arrears w.e.f. 01.01.1996 having been allowed by the High Court in the relied upon judgment with interest @ 8% p.a., there was no reason for reducing the said period to three years only immediately prior to the filing of the petition in the case of the appellant. It is submitted that this Court having already affirmed the view taken in Jaisingh's case, similar relief could be granted to the 3 appellant also. We find merit in that submission. From a perusal of the order passed in Jaisingh's case, it appears that while most of the cases disposed off in the said batch were transferred cases where writ petitions had been filed earlier than 2010, there were half a dozen fresh cases that were filed in the year 2010 and later. The Tribunal had notwithstanding the delay in the filing of the O.As granted redress to the petitioners in the said batch of cases w.e.f. 01.01.1996 with interest @ 8% p.a.. That being so and the order passed by the Tribunal in Jaisingh's case and batch of cases having been affirmed by this Court, we see no distinction between the cases dealt with by the Tribunal in that batch and the appellant's case to warrant a differential treatment to him in the matter of grant of arrears. We accordingly allow this appeal and modify the order passed by the Tribunal to the extent that the appellant shall also on the analogy of the order passed by the Tribunal in Jai Singh's case supra be entitled to arrears payable to him by reason of rounding off of disability pension w.e.f. 01.01.1996 with interest @ 8% p.a. subject to adjustment of any amount already received by him for the said period. We are told by learned counsel for the respondent that the appellant has already received the benefit of arrears w.e.f. 4 01.01.1996 to 01.07.2009. If that be so, arrears will be confined only to the period that has not already been paid for. No costs.
................CJI.
(T.S.THAKUR) .................J. (A.M.KHANWILKAR) .................J. (Dr.D.Y.CHANDRACHUD) New Delhi, Dated: 20th September, 2016.
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ITEM NO.10 COURT NO.1 SECTION XVII
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (C) No(s). 3353/2012
(From the judgment and Order dated 04.11.2011 PASSED BY THE HON'BLE ARMED FORCED TYRIBUNAL IN O.A. NO. 1289 OF 2011) OF THE HIGH COURT OF DAVINDER SINGH Petitioner(s) VERSUS UNION OF INDIA & ORS. Respondent(s) (with office report) Date : 20/09/2016 This petition was called on for hearing today. CORAM :
HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE A.M. KHANWILKAR HON'BLE DR. JUSTICE D.Y. CHANDRACHUD For Petitioner(s) Mr. Rakesh Dahiya,Adv.
Mr. Satyavan Kudalwal, Adv. Mr. Randhir Singh Kalkal, Adv.
For Respondent(s) Mr. Maninder Singh, ASG, Ms. Aishwarya Bhati, Adv. Mr. R.Balasubramanian, Adv. Mr. Pranav Kumar, Adv.
Mr. Santosh Kumar, Adv.
Mr. Akshay Amritanshu, Adv. Mr. M.K.Maroria, Adv.
UPON hearing the counsel the Court made the following O R D E R Leave granted.
The appeal is allowed in terms of the signed order.
(Shashi Sareen) (Veena Khera) AR-cum-PS Court Master
(Signed order is placed on the file)