The Armed Forces Tribunal's policies validly determine ex-gratia payments based on the date of the employee's death, with the court affirming adherence to existing legal principles.

JUDGMENT :

HARSIMRAN SINGH SETHI, J. 

CM-1119-1120-CWP-2025

These are applications for placing on record short reply by way of an affidavit on behalf of respondent Nos.1 to 3 along with Annexure R-1 to R-3 and exemption from filing certified and typed copies of the same.

Keeping in view the contents mentioned in the applications, the same are allowed. Affidavit on behalf of respondents No.1 to 3 along with Annexure R-1 to R-3 are taken on record subject to all just exceptions.

Exempted from filing certified and typed copies.

In the present petition, the challenge is to the order dated 29.05.2024, copy of which has been appended as Annexure P-9, passed by the Armed Forces Tribunal, Chandigarh (hereinafter referred as “AFT”), which is arbitrary and illegal.

2. Learned counsel for the petitioner argues that the petitioner had approached the AFT by filing an Original Application (“hereinafter referred as “OA”) No.884 of 2015 claiming certain relief and the same was granted by the Tribunal vide order dated 21.12.2022, execution of which was filed.

3. Learned counsel for the petitioner submits that once, a direction was given by the Tribunal vide order dated 21.12.2022 that ex-gratia amount admissible to the petitioner should be released within a period of three months failing which, the said amount will also carry interest @ 8% per annum from 25.03.2014 (Annexure A-21) till the date of actual payment, the respondents were bound to pay the entitled amount to the petitioner.

4. Learned counsel for the petitioner submits that though, the ex- gratia amount was granted but the same was not paid in accordance with Instructions/Policy, which were applicable in the year 2010 and petitioner is entitled for ex-gratia amount payable as per 2010 Policy.

5. Learned counsel for the petitioner submits that the benefit of the ex-gratia amount has been declined by the AFT in the execution proceedings, which is beyond the jurisdiction of the executing Court hence, the impugned order dated 29.05.2024 (Annexure P-9) is liable to be set aside.

6. Learned counsel for the respondent-UOI submits that keeping in view the direction given by the Tribunal vide order dated 21.12.2022 as well as the Policy in force on the date of death of the father of the petitioner, claim of the petitioner was considered qua ex-gratia amount and due amount was paid to the petitioner.

7. We have heard the learned counsel for the parties and have gone through the records of the present case with their able assistance.

8. For better understanding, the relevant portion of order passed by the AFT on 21.12.2022 (Annexure P-4), which was sought to be executed by the petitioner is as under:-

“ In view of the above, the application succeeds and the same is accordingly allowed. The impugned order dated 25.03.2014 (Annexure A-21) is quashed. The respondents shall release the amount payable as ex-gratia within three months from the date of receipt of certified copy of this order by learned Central Govt. Counsel/OIC, Legal Cell, failing which, together with interest @ 8% per annum from 25.03.2014 till the date of actual payment.”

9. A bare perusal of the above order would show that nothing has been mentioned as to which policy has to be made applicable for the grant of benefit of ex-gratia amount to the petitioner.

10. The petitioner filed an execution of the said order but vide impugned order dated 29.05.2024, execution application was disposed of as having been rendered infructuous on the ground that as the ex-gratia amount admissible was not mentioned in the order dated 21.12.2022 and no date of policy was mentioned hence, the same can only be granted keeping in view th