COURT No.2 ARMED FORCES TRIBUNAL PRINCIPAL BENCH: NEW DELHI OA 1094/2016 Ex Gnr Brijender Singh Chauhan sae Applicant Versus Union ofIndiaand Ors, se Respondents For Applicant H Mr. Siya Ram, Advocate For Respondents H Gp Capt Karan Singh Bhati, Sr. CGSC CORAM HON’BLE MS. JUSTICE ANJANA MISHRA, MEMBER (J) HON’BLE LT GEN P.M. HARIZ, MEMBER (A) ORDER This application has been filed under Section 14 of the Armed Forces Tribunal Act, 2007, by a dismissed solider, who is aggrieved on not being granted pension and the rejection of his mercy petition seeking pension. The applicant has made the following prayers:- (a) Set aside/quash the impugned order dated 29.07.2016 rejecting mercy petition being wholly illegal and denying him well earned due service pension witli consequential service benefits ignoring aforesaid orders/judgment passed by the Hon’‘ble Apex Court and Delhi High Court in similar cases. (b) Issue necessary orders to grant and pay well earned due service Pension and other service benefits for meritorious 17 years Army Service. OA 1094/2016 Ex Gnr Brijender Singh Chauhan, 12 (c) Pass any other such further order(s) which this Hon'ble Tribunal deems fit and proper in favour of the applicant in the facts and circumstances of the case. Brief Facts of the Case 2. Brief facts of the case are that the applicant was enrolled into the Army Air Defence Regiment on 16.08.1995. The applicant was due to be discharged on completion of his pensionable service in Aug 2002. Prior to discharge, the applicant was nominated to attend a re-settlement course at ITI, Lakhimpur Kheri, U.P, from Aug 2000 to Aug 2001. On completion of the course, the applicant was reverted back to his unit vide order dated 06.08.2001. The applicant, instead of directly re-joining his unit, absented himself without leave (AWOL), till he voluntarily surrendered on 08.01.2003 at AD Centre, Nasik. 3. In the intervening period as per the policy in vogue related to AWOL personnel, the unit issued an apprehension roll; ordered a Court of Inquiry (CoI) and subsequently declared the applicant a deserter from 07.08.2001. Necessary Unit Part-II order was then promulgated in this regard. Consequent to the applicant surrendering on 08.01.2003, after following due process, he was tried by a Summary Court Marital (SCM) for an offence under Army OA 1094/2016 Ex Gnr Brijender Singh Chauhan a3 Act, Section 38 (1) and was dismissed from service on 26.12.2003. Consequent to his dismissal, the applicant was not granted any pension or gratuity since as per the provisions of Para 113(a) of Pension Regulation for the Army, 1961, (Part-I), an individual who is dismissed is not eligible for pension gratuity in respect of all his previous service. In Apr 2010, the applicant submitted a mercy petition to the Hon'ble President under Para 113 (a) of the Pension Regulation for the Army, 1961, (Part-I), praying that his case be considered sympathetically and that he be granted pension. However, this was rejected vide order dated 03.05.2010 on the grounds that the mercy petition had been filed later than two years after being dismissed. Aggrieved by this the applicant then filed OA 432/2014 before this Tribunal which was then allowed vide our order dated 14.07.2015, wherein, the respondents were directed to decide the mercy appeal within a period of three months and grant pensionary benefits to the applicant, if found eligible. The mercy petition was then considered and was, however, rejected vide order dated 21.07.2016. Aggrieved by this, this OA has been filed. Arguments by the Counsel for the Applicant 4. The counsel explained the details of the case and stated that though the SCM held on 26.01.2003 has dismissed the applicant OA 1094/2016 Ex Gnr Brijender Singh Chauhan a) ~4 from service, the SCM had not passed any adverse order that the applicant’s pension or any other service entitlement was to be forfeited. He vehemently asserted that the dismissal from the