@JUDGMENTTAG-ORDER
1. De-tag Civil Appeal D.No. 18257 of 2014 and Criminal Appeal No. 645 of 2013 and list them separately.
Rest of the matters:
2. Application(s) for leave to appeal under Section 31(1) of the Armed Forces Tribunal Act, 2007 is/are allowed.
3. Delay, if any, in filing and re-filing the appeal(s) is condoned.
4. By the present set of appeals the appellant(s) raise the question, whether or not, an individual, who has retired on attaining the age of superannuation or on completion of his tenure of engagement, if found to be suffering from some disability which is attributable to or aggravated by the military service, is entitled to be granted the benefit of rounding-off of disability pension. The appellant(s) herein would contend that, on the basis of Circular No. 1(2)/97/D(Pen-C) issued by the Ministry of Defence, Government of India, dated 31.01.2001, the aforesaid benefit is made available only to an Armed Forces Personnel who is invalidated out of service, and not to any other category of Armed Forces Personnel mentioned hereinabove.
5. We have heard learned counsel for the parties to the lis.
6. We do not see any error in the impugned judgment(s) and order(s) and therefore all the appeals which pertain to the concept of rounding-off of the disability pension are dismissed, with no order as to costs.
7. The dismissal of these matters will be taken note of by the High Courts as well as by the Tribunals in granting appropriate relief to the pensioners before them, if any, who are getting or are entitled to the disability pension.
8. This Court grants six weeks'' time from today to the appellant(s) to comply with the orders and directions passed by us.
9. Ordered accordingly.
