ARMED FORCES TRIBUNAL, REGIONAL BENCH,

O.A No. 121 of 2015

FRIDAY, THE 15TH DAY OF JANUARY, 2016/25TH POUSHA, 1937

CORAM:

HON'BLE MR. JUSTICE S.S.SATHEESACHANDRAN, MEMBER (J) HON'BLE VICE ADMIRAL M.P.MURALIDHARAN, AVSM & BAR, NM, MEMBER (A)

APPLICANT:-

EX HAVILDAR POLACHAN, T.O, NO.15357827 A, THANNICKAPARAMBIL HOUSE, , NEELEESWARAM, , – 683 574.

BY ADV. SRI. V.K.SATHYANATHAN

versus

RESPONDENTS:-

1. UNION OF , REPRESENTED BY ITS SECRETARY, MINISTRY OF DEFENCE, SOUTH BLOCK, NEW DELHI – 110 011.

2. THE CHIEF OF THE ARMY STAFF, COAS'S SECRETARIAT, INTEGRATED HEADQUARTERS OF MOD (ARMY), NEW DELHI – 110 011.

3. THE OIC RECORDS, THE RECORDS SIGNALS, PIN 908 770, C/O 56 A.P.O.

4. PAO (OR), CORPS OF SIGNALS, PDC CELL, JABALPUR (MP) – 482 001.

5. THE COMMANDING OFFICER, 12 CORPS SIGNAL REGIMENT, C/O 56 A.P.O.

BY ADV.SMT. E.V. MOLY, CENTRAL GOVERNMENT COUNSEL.

O.A No.121 of 2015 2

O R D E R

SATHEESACHANDRAN, MEMBER (J):

1. The applicant, an Ex-serviceman, has filed the above application under Section 14 of the Armed Forces Tribunal Act, 2007,

(for short, “the Act”) for issue of a direction to the 4th respondent to pay him a sum of Rs.92,738/- authorised by the P.C.A. (FYS) towards his luggage claim.

2. The respondents, in the reply filed, have not disputed the claim of the applicant, but have sought for dismissal of the Original

Application as premature. The contention that the application is premature is based on the case that on the representation moved by the applicant, and, later a reminder as well, his claim after being taken up is still pending consideration. Prima facie not impressed with the aforesaid contention raised by the respondents since the claim accepted is pending from 2013, we have passed an Order on 14 th

December 2015, directing the 4th respondent to depute its authorised representative to appear before this Tribunal and explain what is the hurdle, if any, in releasing the claim of the applicant which had already been passed. O.A No.121 of 2015 3

3. Pursuant to the direction given by this Tribunal, a counsel statement has been filed by the respondent stating that a cheque for

Rs.92,738/- towards satisfaction of the claim of the applicant had already been issued to the Signals Records, Jabalpur.

4. We find from the counsel statement made that the 4th respondent, by this time, has taken necessary action required for satisfying the claim of the applicant, and what now remains is only releasing of that amount to the applicant by the Signals Records,

Jabalpur. Though no explanation has been offered by the respondents for the delay in satisfying the claim of the applicant taking into account the prompt action taken during the pendency of the proceedings to satisfy the claim we find that the respondents are not to be mulcted with the liability to pay interest and costs. However, there will be a direction to Signals Records, Jabalpur (respondent

No.3) to take effective steps to hand over the sum received from the

4th respondent to the applicant within a period of six weeks from the date of this Order. In case there is delay in releasing the sum to the applicant within the time limit fixed, then, the applicant will be entitled to have simple interest at the rate of 8% per annum on such sum till payment. O.A No.121 of 2015 4

5. Original Application is disposed of as indicated above.

6. There will be no order as to costs.

7. Issue free copy of this Order to both sides.

Sd/- Sd/- VICE ADMIRAL M.P.MURALIDHARAN, JUSTICE S.S.SATHEESACHANDRAN, MEMBER (A) MEMBER (J)

(true copy) pb