Notes

Para Wise Comments
Para1. The submission of the applicant is partially agreed to. is pertinent to mention here that, in terms of para 7.2 of Govt. of India, Ministry of Defence letter No. 1(2)/97/D(Pen-C) dated 31 Jan 2001 which reads “the benefits of broad banding is applicable only to those personnel who were invalided out of service.” Since, Hon’ble Supreme Court of India judgment dated 10 Dec 2014 passed in UOI vs Ram Avtar case (Civil Appeal No. 418/2012), the dismissal of the matters will be taken note of by the High Court’s as well as by the Tribunals in granting appropriate relief to the pensioners before then, if any, who are getting or are entitled to the disability pension. Subsequently, Govt. of India, Ministry of Defence vide letter No. 3(11)2010-D(Pen/Legal)-Pt-V dated 18 Apr 2016 has conveyed approval of the competent authority for implement of Court/AFT orders granting broad banding of disability element to Armed Force Personnel retired or discharged on completion of terms of engagement with disability aggravated by or attributable to military service from the date mentioned in respective court orders. However, in terms of Govt. of India, Ministry of Defence letter No 17(01)/2017/D(Pen/Policy) dated 23 Jan 2018 (a copy is attached as Annexure R-5) the board banding benefits is also applicable with effect from 01 Jan 2016 for those individuals who have been discharged from service on completion of terms of engagement and meeting other conditions. Accordingly, the PCDA (P) Allahabad has issued circular No. 596 dated 09 Feb 2018 (a copy is attached as Annexure R-6) for grant of rounding off benefits of war injury/disability element to all effected persons with effect from 01 Jan 2016. Since, he filed the ibid OA after promulgation of new broad policy the applicant is not eligible for rounding off benefits with effect from 01 Feb 2007 i.e. the date of discharge instead he is eligible.
Para 2.
Para 3.
Para 4.1 & 4.2
Para 4.3 & 4.4. The submission of the applicant is partially agreed to. It is clarified that, the applicant served a Legal Notice dated 10 Apr 2019 through his counsel for grant of rounding off benefits of disability element @ 30% to 50% with effect from 01 Feb 2007 for life which was suitably replied by respondent No. 4 (i.e. Records RAJ RIF) vide letter No. RNE/DP/2879822 dated 14 May 2019 (a copy is attached as Annexure R-4). In similar case, Hon’ble Supreme Court of India judgment dated 10 Dec 2014 passed in UOI vs Ram Avtar case (Civil Appeal No. 418/2012), the dismissal of the matters will be taken note of by the High Court’s as well as by the Tribunals in granting appropriate relief to the pensioners before then, if any, who are getting or are entitled to the disability pension. Subsequently, Govt. of India, Ministry of Defence vide letter No. 3(11)2010-D(Pen/Legal)-Pt-V dated 18 Apr 2016 has conveyed approval of the competent authority for implement of Court/AFT orders granting broad banding of disability element to Armed Force Personnel retired or discharged on completion of terms of engagement with disability aggravated by or attributable to military service from the date mentioned in respective court orders.
Para 5.1 & 5.2
Para 5.3 The submission of the applicant is not agred to. It is clarified that, in terms of para 7.2 of Govt. of India, Ministry of Defence letter No. 1(2)/97/D(Pen-C) dated 31 Jan 2001 which reads “the benefits of broad banding is applicable only to those personnel who were invalided out of service.” However, as per Govt. of India, Ministry of Defence letter No 17(01)/2017/D(Pen/Policy) dated 23 Jan 2018 (a copy is attached as Annexure R-5) the board banding benefits is also applicable with effect from 01 Jan 2016 for those individuals who have been discharged from service on completion of terms of engagement and meeting other conditions. Accordingly, the PCDA (P) Allahabad has issued circular No. 596 dated 09 Feb 2018 (a copy is attached as Annexure R-6) for grant of rounding off benefits of war injury/disability element to all effected persons with effect from 01 Jan 2016. Since, he filed the ibid OA after promulgation of new broad policy the applicant is not eligible for rounding off benefits with effect from 01 Feb 2007 i.e. the date of discharge instead he is eligible.
Para 5.4 & 5.5
Para 5.6 & 6
Para 7
Para 8
Para 9 to 12.