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Union of India Vs. Surender Singh Parmar [20/01/15]

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[Civil Appeal No.9389 of 2014]. The appellants have preferred this appeal against orders dated 19th November, 2013 and 5th March, 2014 passed by the Armed Forces Tribunal, Principal Bench at New Delhi in O.A. No.401 of 2013 and R.A No.11 of 2014 with M.A No.120 of 2014 in O.A. No.401 of 2013 respectively. By the impugned order dated 19th November, 2013, the Tribunal allowed the original appeal filed by the respondent and held that the respondent rendered actual service to the extent of 14 years by rounding off, which makes him eligible for consideration of condonation of shortfall of pensionable service of one year and in view of striking off of Rule 82(a) the respondent cannot be denied the benefit of condonation of shortfall in service on the ground that he took the discharge from service voluntarily on his own request. Therefore, the Tribunal declared that the respondent shortfall in service stands condoned in the facts of the case and directed the appellants to calculate the total benefit of pension within a period of three months and to pay the amount. By the impugned order dated 5th March, 2014, the Tribunal dismissed the review application against its earlier order and rejected oral plea for leave to appeal before this Court.

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