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2022 Supreme(All) 158

Ram Harsh – Appellant
Versus
Union of India – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Aftab Alam
For the Respondent: A.S.G.I.,Naresh Chandra Tripahti

JUDGMENT :

VIKRAM D. CHAUHAN, J.

1. The present writ petition is filed by the petitioner challenging the order dated 27th August, 2021 passed by the Armed Forces Tribunal (RB), Lucknow in Original Application No.475 of 2017. It is further prayed in the present writ petition to issue direction commanding the respondent authorities to pay interest at the rate of 18 % per annum on the arrears of pension and other retiral dues w.e.f. 7th August, 1991 to the date of actual payment of the aforesaid arrears of pension and other retiral dues.

2. The brief facts of the case arising in the present writ petition are that the petitioner was enrolled in the Army Medical Corps of Indian Army on 6th August, 1971 and was discharged from service on 20th April, 1997, being deserter. Being aggrieved, petitioner preferred Civil Misc. Writ Petition No.16478 of 2001 before this Court. Upon creation of the Armed Forces Tribunal, the same was transferred and renumbered as Transfer Application No.1469 of 2010. The aforesaid Transfer Application was allowed by the order dated st April, 2016 to the extent that the respondents were directed to pay pension and all other retiral benefits to the petitioner, conside

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