Hemant Gupta, J. - (1.) The challenge in the present appeal is to an order passed by the Armed Forces Tribunal, Regional Bench, Jabalpur (for short, 'Tribunal') on 9th February, 2017 whereby, an Original Application filed by the respondent - Lt. Col. Om Dutt Sharma was allowed holding that the respondent is entitled to the benefit of One Rank One Pension (for short, 'OROP').
(2.) The respondent died during pendency of the appeal. His legal heirs have been brought on record, whereas respondent Nos. 3 to 86 have been impleaded as intervenors vide order dated 14th May, 2018 in view of the fact that the said intervenors claim the same benefit as claimed and granted to the deceased respondent. Since the issue is purely legal and the fact that large numbers of personnel of Army Postal Service (for short, 'APS') are involved, we have heard learned counsel for the parties on merits in respect of their entitlement to OROP in terms of Government of India's Circular dated 7th November, 2015.
(3.) The respondents were working on the non-gazetted posts in the Department of Posts under the Government of India and were taken on deputation in the APS from time to time. The deceased respondent was taken on deputation in the year 1962. He relinquished his Temporary Commission in the Army as Lt. Colonel on 31st December, 1984 and retired on 14th May, 1985 after repatriation to his parent department i.e. Department of Posts. The stand of the intervenors is that they joined APS on deputation either as Junior Commissioned Officer (JCO) or the Warrant Officer (WO) and were not repatriated to their parent department. All the intervenors retired from the APS on attaining the age of superannuation, therefore, they claim benefit of OROP.;