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2014 Supreme(SC) 1207

H. L. DATTU, MADAN B. LOKUR, A. K. SIKRI
Union of India – Appellant
Versus
Ram Avtar – Respondent


Advocate Appeared:
For the Appellant :P.S. Patwalia, ASG, Ms. Vibha Datta Makhija, Sr. Adv., Dr. Fancis Julian, R. Balasubramanian, Ms. Meenakshi Grover, Abhinav Mukerji, Mrs. Anil Katiyar, Ms. Binu Tamta, B.V. Balaram Das, D.S. Mahra, Rajat Singh, Archit Upadhyay, Ms. Natasha Vinayak, Gaurav Sharma, M.P.S. Tomar, R.K. Varma, Rakesh Dahiya, Satyavan Kudalwal, Aditya Jain, R.S. Kalkal, Sudhanshu S. Choudhari, Lalit Kumar Poddar, Advocates.
For the Respondent:Col. S.R. Kalkal, C.P. Singh, R.C. Kaushik, K.G. Bhagat, Ms. Manju Bhagat, Ms. Sidharth Pandita, Vineet Bhagat, Ms. Aishwarya Bhati, Gp. Capt. Karan Singh Bhati, T. Gopal, Atharsh K. Tiwari, Ms. Madhurima Ghosh, Ravindra Keshavrao Adsure (NP), Major K. Ramesh (Retd.), Ms. Archana Ramesh, Vibhuti Sharma, Dr. Kailash Chand, Respondent-in-person, Avijit Bhattacharjee, B.S. Saigal, Ms. Sarbani Kar, Rajat Sharma, Dinesh Verma, Balraj Rathee, Subhasish Bhowmick, Ms. Asha Gopalan Nair, Atul Kumar, Sanchar Anand, Apoorv Singhal, Devendra Singh, Satish Kumar, Ms. Suruchii Aggarwal, Farrukh Rasheed, Ganesh Kumar Sharma, Siddharth Mittal, K. Singhal (For S.K. Sabharwal), D.K. Thakur, Ms. Manju Jetley, Jagdev Singh Manhas, Advocates.

ORDER :

1. De-tag Civil Appeal D.No. 18257 of 2014 and Criminal Appeal No. 645 of 2013 and list them separately.

Rest of the matters:

2. Application(s) for leave to appeal under Section 31(1) of the Armed Forces Tribunal Act, 2007 is/are allowed.

3. Delay, if any, in filing and re-filing the appeal(s) is condoned.

4. By the present set of appeals the appellant(s) raise the question, whether or not, an individual, who has retired on attaining the age of superannuation or on completion of his tenure of engagement, if found to be suffering from some disability which is attributable to or aggravated by the military service, is entitled to be granted the benefit of rounding-off of disability pension. The appellant(s) herein would contend that, on the basis of Circular No. 1(2)/97/D(Pen-C) issued by the Ministry of Defence, Government of India, dated 31.01.2001, the aforesaid benefit is made available only to an Armed Forces Personnel who is invalidated out of service, and not to any other category of Armed Forces Personnel mentioned hereinabove.

5. We have heard learned counsel for the parties to the lis.

6. We do not see any error in the impugned judgment(s) and order(s) and therefore all the

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