ASHUTOSH MOHUNTA, T.P.S.MANN
B. Mahajan – Appellant
Versus
Union Of India – Respondent
T.P.S.Mann, J.
1. The petitioner has sought calculation of her retiral benefits for the purposes of gratuity and issuance of revised Pension Payment Order (for short `P.P.O.).
2. The case of the petitioner is that she served as Lieutenant Military Nursing Service (Local), in short M.N.S., under the Ministry of Defence as a Commissioned Officer in the Army. After rendering service for about 33 years, she retired on 30.9.2003 on attaining the age of superannuation. On 24.12.2003, P.P.O. was issued by the respondents, as per which the net gratuity amount payable to her was Rs. 2,26,115/- and life pension of Rs. 4,474/- per month. Later on, revised P.P.O. dated 9.9.2004 was issued by the respondent, according to which, the net gratuity amount payable to her was Rs. 2,38,739/-. It was submitted that Army Instructions 3/58 had been superseded by Army Instructions 14/77 and as a result thereof, para 11(A) was inserted providing for the grant of pensionary benefits to the officers of M.N.S. on retirement from service on attaining the age of superannuation after rendering temporary service of not less than 20 years to be the one as admissible to temporary civilian government servant
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