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Judgment
MA 739/2020
Vide this application, respondents seek condonation of delay of 20 days in filing counter affidavit.
In view of the reasons given in the application, delay of 20 days in filing the counter affidavit is condoned. Counter affidavit is taken on record. MA stands disposed off.
MA 766/2020
Vide this application, applicant seeks condonation of delay of 35 days in filing rejoinder.
In view of the reasons given in the application, delay of 20 days in filing the rejoinder is condoned. Rejoinder is taken on record. MA stands disposed off.
OA1846/2019
The applicant had filed MA 1735 of 2021 for early hearing of the matter and the same was disposed off by Hon'ble Chairperson with direction to take up the matter for consideration and, if possible, to dispose it off finally.
We have heard learned counsel for the parties. It is undisputed case of the parties that the applicant joined the Mahar Regiment on 23.10.2000. Due to an FIR lodged against him in the year 2009 due to death of his wife, he was arrested and was awarded life imprisonment by the Session Judge, Udgir on 30.06.2011 and, was dismissed from service. However, he was acquitted by the Hon'ble High Court, Aurangabad on 09.01.2013 and was reinstated in the Army on 07.02.2017. He was discharged from service on 31.10.2017. However, his retiral benefits and pension has been held up awaiting approval of appropriate authority which led him to file the present OA claiming the following reliefs:-
a) To direct the respondents to release service pension without any further delay with 10% interest on arrears;
b) To direct the respondents to release all the retiral benefits along with full pay & allowances for the absent period from 30 Jun 2011 to 07 Feb 2017 and arrears shall be paid to the Applicant with 12 % interest.
c) To direct the respondents to grant disability pension duly broad-banded to 50% by declaring the disability attributable/aggravated by military service.
Counsel for the applicant has led us through the counter affidavit filed by the respondents wherein factual matrix of the case has not been filed by the respondents. However, it is submitted that his service pension and other benefits are not being granted for want of government sanction, although four years have elapsed .
Counsel for the respondents submits that unless government sanction is received, the matter cannot be processed further.
Maj. Sonali Tiwari, OIC, Legal Cell submits that she has spoken personally to the concerned official in Ministry of Defence and four weeks time is sought for resolving the issue.
Counsel for the applicant submits that the applicant is very hard pressed and finding it very difficult to maintain his family in the absence of getting any retiral benefits. Therefore, pending other issues, at least he should be granted post discharge benefits.
Respondents to look into the matter compassionately keeping in view the fact that the claim of the applicant is not denied in the counter affidavit.
Relist on 07.10.2021.
Copy of the order be given dasti to counsel for the respondents.