Union Of India & Ors vs Ajay Wahi on 6 July, 2010
D. That the Hon’ble Court be pleased to grant
such other and further reliefs as deemed
fit in the interest of justice.”
The Armed Forces Tribunal vide its judgment dated
20.09.2013 rejected the application. The Tribunal
relying on Regulation 48 and Regulation 50 of Pension
Regulations for the Army, 1961 held that those, who
took voluntary retirement are not entitled for
disability pension. The Tribunal, however, noticed
that on the basis of Sixth Pay Commission Report, an
officer, who seeks voluntary retirement on or after
01.01.2006 and whose disability is 20% or more, either
attributable to or aggravated by military service,
4
will be entitled to disability pension. However, that
benefit cannot be granted to the Applicant, because he
had taken voluntary retirement much before the cut off
date of 01.01.2006. The appellant filed a Review
Petition before the Tribunal relying on few judgments
of this Court as well as judgments of Armed Forces
Tribunal, Principal Bench, New Delhi in O.A. No. 139
of 2009, Lt. Col. P.K. Kapur (Retd.) Vs. Union of
India. In the Review Petition, the petitioner relied
on the judgment of Principal Bench which held that the
cut off date making difference between the personnel,
who retired before 01.01.1996 and after 01.01.1996, is
discriminatory and arbitrary. The Tribunal relying on
the judgment of this Court in Union of India Vs. Ajay
Wahi (2010) 11 SCC 213 rejected the Review Petition.