ASHOK BHUSHAN,J. - (1.) These two appeals have been filed by the appellant challenging the orders dated 20.09.2013 passed by the Armed Forces Tribunal Regional Bench at Mumbai rejecting Petitioner's O.A. No. 25 of 2013 and the order dated 11.06.2014 rejecting the Review Application No. 4 of 2014. The brief facts of the case are: The appellant was commissioned in the Regiment of Artillery on 24.12.1982. In the year 1987, while performing the duty of Observation Post Officer, the appellant fell ill, who was treated in Military Hospital, Devlali. Medical Board was held on 21.01.1988, when he was placed on low medical category. Medical Board opined that disability was due to stress and strain of services. On 27.09.2000, the Medical Re-categorization Board assessed the appellant's disability as 50%. In the year 2002, appellant was posted at Zakhama in Nagaland. Medical Re-categorization Board held on 20.09.2002 again assessed the medical disability of the appellant as 50%. On 06.02.2003, appellant applied for premature retirement. Appellant was retired on 29.07.2003. Release Medical Board held on 31.03.2004, found that the appellant was suffering from primary Hypertension, aggravated due to stress and strain of military service. Disability was assessed at 30%. The appellant filed O.A. No. 25 of 2013 in the Armed Forces Tribunal, Regional Bench, Mumbai, where he prayed for following reliefs:- "Relief Sought In view of the facts mentioned in this Original Application, the Applicant most respectfully prays for the following reliefs:- A. That the Hon'ble Court be pleased to direct Respondent No.1 to forward medical disability pension claim to Respondent No.2 directing the latter to grant medical disability pension to the Applicant at the earliest. B. That the Hon'ble Court be pleased to pass necessary direction to Respondent No.2 to release the medical disability pension in respect of the Applicant at the earliest. C. That the Hon'ble Court be pleased to pass necessary direction to Respondent No.3 to grant "AGI Disability" as applicable to the Applicant at the earliest. D. That the Hon'ble Court be pleased to grant such other and further reliefs as deemed fit in the interest of justice." The Armed Forces Tribunal vide its judgment dated 20.09.2013 rejected the application. The Tribunal relying on Regulation 48 and Regulation 50 of Pension Regulations for the Army, 1961 held that those, who took voluntary retirement are not entitled for disability pension. The Tribunal, however, noticed that on the basis of Sixth Pay Commission Report, an officer, who seeks voluntary retirement on or after 01.01.2006 and whose disability is 20% or more, either attributable to or aggravated by military service, will be entitled to disability pension. However, that benefit cannot be granted to the Applicant, because he had taken voluntary retirement much before the cut off date of 01.01.2006. The appellant filed a Review Petition before the Tribunal relying on few judgments of this Court as well as judgments of Armed Forces Tribunal, Principal Bench, New Delhi in O.A. No. 139 of 2009, Lt. Col. P.K. Kapur (Retd.) Vs. Union of India. In the Review Petition, the petitioner relied on the judgment of Principal Bench which held that the cut off date making difference between the personnel, who retired before 01.01.1996 and after 01.01.1996, is discriminatory and arbitrary. The Tribunal relying on the judgment of this Court in Union of India Vs. Ajay Wahi (2010) 11 SCC 213 rejected the Review Petition. Aggrieved against dismissal of his O.A. as well as the Review Petition, the appellant has filed these appeals.
(2.) The appellant, Ex. Lt. Col. R.K. Rai has appeared in person. We have also heard learned counsel appearing for the Union of India as well as learned counsel appearing for the respondent No.5.
(3.) The appellant appearing in person contends that in view of the judgment of Armed Forces Tribunal, Principal Bench, New Delhi in O.A. No. 139 of 2009, Lt. Col. P.K. Kapur (Retd.) Vs. Union of India and judgments of Armed Forces Tribunal, Regional Bench, Chandigarh as well as judgment of Regional Bench, Chennai, those officers, who have taken voluntary retirement even prior to 01.01.2006 have been granted the disability pension. He submits that the Principal Bench, New Delhi in O.A. No. 139 of 2009 has already struck down Para 2.1 of the Government Circular dated 04.05.2009. The appellant submits that judgment of Principal Bench, New Delhi in O.A. No. 336 of 2011, Maj. (Retd.) Rajesh Kumar Bhardwaj Vs. Union of India & Ors. dated 07.02.2012 has been accepted by the Government of India and now an order dated 19.05.2017 has been issued extending the benefit of disability pension to Armed Forces Personnel, who were retired, discharged from service even before 01.01.2006. He submits that in view of the order dated 19.05.2017, the appellant is entitled for disability pension. He further submits that in his original application, he has prayed for relief to grant "AGI Disability", which has not been considered.;