Challenging the proceedings dated 30.04.2015, the Appellant filed O.A. No.110 of 2015 before the Armed Forces Tribunal.
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 on the ground that he fell short of the reckonable service of 21 years.
The Appellant has placed before us an order dated 15.10.1991 by which the companypetent authority approved the promotion of officers of 1970 to the substantive rank of Lt.
The officers whose names were found in the list annexed to the said order were directed to wear the badges of the rank of Lt.
The name of the Appellant is shown at Serial No.11 of the list that was annexed to the order dated 15.10.1991.
By an order dated 25.09.1991, the Appellant was granted substantive rank of Lt.
Colonel TS to the Appellant.
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.
His service for the payment of pension was shown to have been 22 years 1 month and 1 day.
Colonel, the Appellant is entitled to payment of pension in the rank of Lt.
Colonel TS .
Colonel by time scale.
15.07.1991 in the rank of Major.
He was granted pension in the rank of Major.
Colonel.
Colonel TS pursuant to the implementation of the 5 th Central Pay Commission.
His promotion seniority was fixed w.e.f.
The reliance placed on the Army orders to companysider the reckonable service for the purpose of promotion seniority as Major is of numberavail to the Respondents in view of the order dated 15.10.1991.
The Appellant retired in the year 1991 and has been made to run from pillar to post to get his rightful pension.In response to our query about the order dated 15.10.1991, the learned Additional Solicitor General, on instructions submitted that it was issued due to a mistake.
Colonel, as per the Army Order dated 20.03.1990, the Respondents held that the Appellant was number entitled for payment of pension applicable to the Lt.
12.08.1970.
The Armed Forces Tribunal dismissed the A., dissatisfied with which, the Appellant has filed the above Appeal.
Colonel TS .
The Appellant cannot be denied payment of pension applicable to the rank of Lt.
He was granted pension by an order dated 29.07.1991, as Major.
By observing that the Appellant did number companyplete 21 years of reckonable service which was required for grant of pension to the Lt.
Colonel TS .
He voluntarily proceeded for his pre mature retirement w.e.f.
The Appellant sought for revision of pension as he was entitled for payment of pension applicable to the rank of Lt.
After retirement of the Appellant, an order for payment of pension was issued on 29.07.1991.
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.
Having been promoted to the rank of Lt.
She fairly submitted that the said order has number been withdrawn.
NAGESWARA RAO, J. The Appellant was granted Short Service Commission on 15.06.1969 and Permanent Commission on 15.06.1974.
