THE HON’BLE THE CHIEF JUSTICE SRI APARESH KUMAR SINGH AND THE HON’BLE SRI JUSTICE G.M.MOHIUDDIN WRIT PETITION No.33618 of 2025

ORDER:

Learned counsel Sri Sunil Kumar Pandey, representing M/s. Etymos Legal Services Private Limited, appears for the petitioner.

Sri N.Bhujanga Rao, learned Deputy Solicitor General of India, appears for the respondents.

2. The petitioner approached the learned Armed Forces Tribunal, Regional Bench, Chennai, Circuit Bench at Hyderabad (hereinafter referred to as, “the Tribunal”), for consequential benefits of pension for the period 15.08.1981 to 25.04.2016 and also to grant fixed medical allowance with effect from 15.06.1998 till he became ECHS member on the strength of an order passed in appeal dated 26.04.2016 preferred after thirty six years by the petitioner for claiming disability pension when he was invalidated on 14.08.1981. By the impugned order dated 08.11.2023 passed in O.A.No.109 of 2021 in M.A.No.107 of 2021, the learned Tribunal refused to allow the claim for arrears of consequential benefits with effect from 1981 and upheld the order passed in appeal by the Medical Board of the respondents. Being aggrieved, the petitioner has preferred this writ petition.

3. We have heard the learned counsel for the petitioner and the learned Deputy Solicitor General of India appearing for the respondents.

4. There is no explanation worth its name for having preferred an appeal after thirty six years for claiming disability pension when the petitioner was invalidated on 14.08.1981. The appellate authority has favourably considered the request for grant of disability, but made it prospective. The learned Tribunal has opined that as per the Ministry of Defence letter dated 14.12.2014, in cases of appeal filed after long delay without any specific reasons, the arrears of disability pension, if any, should not be paid for the entire period and it should be reduced to the extent of delay in filing the appeal. Therefore, the learned Tribunal refused to interfere in the matter.

5. We do not find any error in the impugned order and the instant writ petition is accordingly dismissed. There shall be no order as to costs.

Miscellaneous applications pending, if any, shall stand closed.

APARESH KUMAR SINGH, CJ

G.M.MOHIUDDIN, J

07.11.2025

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