COURT No.2 ARMED FORCES TRIBUNAL PRINCIPAL BENCH: NEW DELHI 1, OA 429/2016 with MA 1155/2019 Ex Nk (TA) Dev Bahadur Thapa inneg Applicant VERSUS Union of India and Ors, s+ Respondents For Applicant : Mr. R K Tripathi, Advocate For Respondents ; Mr. YP Singh, Advocate WITH 2. OA 428/2016 Ex Nk (TA) Amrita Nand Badola se Applicant VERSUS Union of India and Ors, ss Respondents For Applicant j Mr. R K Tripathi, Advocate For Respondents : Mr. Neeraj, Sr CGSC CORAM HON’BLE MS. JUSTICE ANU MALHOTRA, MEMBER () HON’BLE LT. GEN. P.M. HARIZ, MEMBER (A) ORDER 19.09.2023 Vide our detailed order of even date we have allowed the OA 429/2016 and OA 428/2016. Learned counsel for the respondents makes an oral prayer for grant of leave to appeal in terms of Section 31(1) of the Armed Forces Tribunal Act, 2007 to assail the order before the Hon’ble Supreme Court. After hearing learned counsel for the respondents and on perusal of order in view of the verdicts of the Hon’ble Supreme Court in Ex. Lac Yogesh Pathania vs. Union of India & Others, in I.A. No. 1/2016 in Civil Appeal D. No. 14214 6f 2016 and.in Union of India & Ors. Vs. Parashottam Dass in Civil Appeal No. 447/2023 dated 21.03.2023, in our considered view, there appears to be no point of law much less any point of law of general public importance involved in the order to grant leave to appeal. Therefore, the prayer for grant of leave to appeal stands declined _ (JUSTICE ANU MALHOTRA) MEMBER (J) (LT-GENN?.M. HARIZ)~ MEMBER (A)COURT NO.3, ARMED FORCES TRIBUNAL PRINCIPAL BENCH, NEW DELHI 1 .OA 428/2016 ExNk(TA)AmritaNand Badola 2 tts Applicant VERSUS Union ofIndiaand Ors. ——“—sSSSSS Respondent For Applicant : Mr. R.K. Tripathi, Advocate For Respondent : Mr. Neeraj, Sr. CGSC With 2 .OA 429/2016 with MA 1155/2019 Ex Nk(TA) Dev Bahadur Thapar Applicant VERSUS Union ofIndiaand Ors. 2 ——“i—sSsSsSsSSSSS nn Respondent For Applicant 7 Mr. R.K. Tripathi, Advocate For Respondent : Mr. Y.P. Singh, Advocate CORAM HON’BLE MS. JUSTICE ANU MALHOTRA, MEMBER (J) HON’BLE LT GEN P.M. HARIZ, MEMBER (A) ORDER These two applications have been filed under Section 14 of the Armed Forces Tribunal Act, 2007 by the applicants who are aggrieved by the rejection of their pension and gratuity due to them for their service in a Territorial Army (Ecological) Battalion. 2. The applicant in OA 428/2016 has made the following prayers: (a) To direct the Respondents to condone shortfall of one month and 23 days in the service. Page 1 of 20 OA 428/2016 — Ex Nk (TA) Amrita Nand Badola OA 429/2016 — Ex Nk (TA) Dev Bahadur Thapa(b) To direct Respondents to release the second pension to the applicant with effect from 01.09.2010 for the embodied service of 15 years as on 31.08.2010. (c) To direct the Respondents to release retirement gratuity to the applicant for his embodied service of 15 years as on 31.08.2010. (d) To direct the respondents to pay the applicant an interest at the rate of 18% for the total sum due till the date of disbursement of pension and gratuity. (e) To direct the respondents to pay a compensation of Rs.1,00,000/- (Rupees one lakh only) to the applicant for the harassment and mental agony suffered by the applicant due to non-receipt of his legal dues. (f) To impose an exemplary cost to be paid by respondents for their callous and indifferent out look towards a veteran. 3. The applicant in OA 429/2016 has made the following prayers: (a) To direct Respondents to release the second pension to the applicant with effect from 01.01.2011 for the embodied service of 15 years seven months and seven days on 31.12.2010. Page 2 of 20 OA 428/2016 — Ex Nk (TA) Amrita Nand Badola OA 429/2016 — Ex Nk (TA) Dev Bahadur Thapa(b) To direct the Respondents to release retirement gratuity to the applicant for his embodied service of 15 years 07 months and seven days as on 31.12.2010. (c) To direct the respondents to pay the applicant an interest at the rate of 18% for the total sum due till t