- (1.) The issue pertains to the grant of disability pension to the respondent. The respondent was enrolled in the Indian Army on 13th September 1979. He was invalidated out of service on being found medically unfit under Item III(iii) of the table annexed to Rule 13(3) of the Army Rule, 1954, with effect from 6th July, 1986. Prior to invalidation, he was placed in permanent medical category below "EEE". His claim for the grant of disability pension was rejected on 20th August 1986 and this was communicated by a letter dated 5th September 1986. On 7th October 1998, the respondent submitted a petition for the grant of disability pension, which was replied to on 26th October 1998. Thereafter, on 6th September 2002, he submitted an application again which was replied to on 19th September 2002. In January 2010 the respondent moved the Armed Forces Tribunal, Jaipur, which held in his favour by the impugned order dated 13th December 2011.
(2.) The appeal came up before this Court on 31st March, 2014. The following order was passed : "Heard. Issue notice in the application for condonation of delay as also in the application for grant of leave to appeal limited to the question whether the grant of disability pension can be restricted to a period of three years immediately preceding the filing of the petition before the Tribunal. Pending further orders, operation of the impugned judgment shall remain stayed, subject to the appellants releasing in favour of the respondent-Satya Narayan arrears of disability pension at the rate of 50% disability for the period of three years immediately preceding the filing of the petition before the Tribunal and the future payments. Orders for the release of the arrears, the current and future payment of disability pension shall be passed by the appellants within three months from today."
(3.) In view of the factual narration which has been made above, it is evident that there was a gross delay on the part of the respondent in pursuing his remedy for the grant of disability pension. After 1986, when a communication was issued to him, it was only in 1998 that he filed an application for the grant of disability pension. Thereafter, though his further application in September, 2002 was duly replied to and rejected, it was in January, 2010 that he moved the Armed Forces Tribunal.;