Supreme Court - Daily Orders
Union Of India Ministry Of Defence ... vs Ex Sep Satyanarayan on 28 January, 2019
Bench: D.Y. Chandrachud, Hemant Gupta
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IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO.4388 OF 2014
UNION OF INDIA & ORS. ... APPELLANT(S)
VS.
EX. SEP. SATYA NARAYAN ... RESPONDENT(S)
O R D E R
1. The issue pertains to the grant of disability pension to the respondent. The respondent was enrolled in the Indian Army on 13th September 1979. He was invalidated out of service on being found medically unfit under Item III(iii) of the table annexed to Rule 13(3) of the Army Rule, 1954, with effect from 6th July, 1986. Prior to invalidation, he was placed in permanent medical category below "EEE". His claim for the grant of disability pension was rejected on 20th August 1986 and this was communicated by a letter dated 5th September 1986. On 7th October 1998, the respondent submitted a petition for the grant of Signature Not Verified disability pension, which was replied to on 26th October Digitally signed by SARITA PUROHIT Date: 2019.02.01 16:54:09 IST Reason: 1998. Thereafter, on 6th September 2002, he submitted an application again which was replied to on 19th September 2 2002. In January 2010 the respondent moved the Armed Forces Tribunal, Jaipur, which held in his favour by the impugned order dated 13th December 2011.
2. The appeal came up before this Court on 31st March, 2014. The following order was passed :
"Heard.
Issue notice in the application for condonation of delay as also in the application for grant of leave to appeal limited to the question whether the grant of disability pension can be restricted to a period of three years immediately preceding the filing of the petition before the Tribunal.
Pending further orders, operation of the impugned judgment shall remain stayed, subject to the appellants releasing in favour of the respondent-Satya Narayan arrears of disability pension at the rate of 50% disability for the period of three years immediately preceding the filing of the petition before the Tribunal and the future payments. Orders for the release of the arrears, the current and future payment of disability pension shall be passed by the appellants within three months from today."
3. In view of the factual narration which has been made above, it is evident that there was a gross delay on the part of the respondent in pursuing his remedy for the grant of disability pension. After 1986, when a communication was issued to him, it was only in 1998 that he filed an application for the grant of disability pension. Thereafter, though his further application in September, 2002 was duly replied to and rejected, it was in January, 2010 that he moved the Armed Forces Tribunal.
4. Delay cannot deprive the respondent of the disability 3 pension to which he is entitled. However, having regard to the above factual background, we are of the view that the grant of disability pension should be restricted to the period of three years immediately prior to the date on which the respondent moved the Armed Forces Tribunal.
5. The amount which was paid over to the respondent pursuant to the order dated 31st March 2014, shall be taken into account in computing the remaining balance which is due and payable to him. We affirm the findings of the Armed Forces Tribunal with regard to the future payment of disability pension, since notice was issued only confined to the question of arrears.
5. The appeal stands disposed of in the above terms. No costs. Pending application, if any, shall also stand disposed of.
.............................J. [Dr. DHANANJAYA Y. CHANDRACHUD] .............................J. [HEMANT GUPTA] New Delhi;
28th January, 2018.
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ITEM NO.47 COURT NO.12 SECTION XVII
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Civil Appeal No(s).4388/2014
UNION OF INDIA & ORS. Appellant(s)
VERSUS
EX. SEP. SATYANARAYAN Respondent(s)
Date : 28-01-2019 This appeal was called on for hearing today. CORAM :
HON'BLE DR. JUSTICE D.Y. CHANDRACHUD HON'BLE MR. JUSTICE HEMANT GUPTA For Appellant(s) Ms. Madhvi Divan,ASG Mr. Syed Shahid Husain Rizvi,Adv. Mr. Sachin Sharma,Adv.
Mr. Arvind Kr. Sharma,AOR For Respondent(s) Mr. Mukesh Verma,Adv.
Mr. Pawan Kumar Shukla,Adv.
Mr. Pankaj Kumar Singh,Adv.
for Mr. Yash Pal Dhingra,AOR UPON hearing the counsel the Court made the following O R D E R The appeal is disposed of in terms of the signed order.
(Saroj Kumari Gaur) (Sarita Purohit)
Branch Officer AR-cum-PS
(Signed order is placed on the file)