Armed Forces Tribunal, Regional Bench, Kochi

ARMED FORCES TRIBUNAL, REGIONAL BENCH, KOCHI

T.A.No.6 OF 2009 , T.A.NO.7 OF 2009 & T.A.NO..92 OF 2010

THURSDAY, THE 17TH DAY OF JANUARY, 2013/27TH POUSHA, 1934

CORAM:

HON'BLE MR. JUSTICE SHRI KANT TRIPATHI, MEMBER (J) HON'BLE LT.GEN.THOMAS MATHEW, PVSM, AVSM, MEMBER (A)

T.A.NO. 6 OF 2009 (O.P.13761 0f 2002 of High Court of Kerala)

APPLICANTS:

1. LT.COL.GOPALAKRISHNAN, PANANGHAT HOUSE, CHERPLACHERI, P.O.,PALGHAT DISTRICT. PIN – 679 503.

2. LT.COL.M.K.ABRAHAM, MOOZHI PERUMAIHU, AYTHALA PO, RANNI – 689 673.

3. LT.COL.M.M.BABU, PLOT NO.100, JAWAHAR NAGAR, KOCHI -20, AN 682 020.

4. MRS.LITTY KURIEN, W/O.LATE LT.COL.N.I.KURIEN, 31/986 B, SUBHASH CHANDRA BOSE ROAD, VYTTILA P.O., PIN – 682 019.

5. LT.COL.V.P.GOPINATHAN, SUPRIYA, THOTTAKKAT LANE, POONKKUNNAM, TRICHUR – 680 002.

6. COL.B.RAMESH, NO.28, MARVEL MANSIONS, KATHRIKADAVU, KOCHI -17, PIN-682 017.

7. LT.COL.A.GOPINATH, 18/21 MANGALA, FORT COLONY, CHITTOOR ROAD, PALAKKAD, PIN – 678 013.

BY ADV. SRI. POLY MATHAI.

versus T.A.Nos. 6 & 7/2009 & 92/2010. : 2 :

RESPONDENTS:

1. THE UNION OF INDIA, MINISTRY OF DEFENCE, NEW DELHI REPRESENTED BY UNDER SECRETARY TO GOVERNMENT, CENTRAL SECRETARIAT, N.DELHI.

2. THE SECRETARY, DEPARTMENT OF FINANCE, GOVERNMENT OF INDIA, CENTRAL SECRETARIAT, N.DELHI.

3. THE CONTROLLER GENERAL OF DEFENCE ACCOUNTS, NEW DELHI.

4. THE CHIEF CONTROLLER OF DEFENCE, ACCOUNTS (PENSIONS), ALLAHABAD.

5. UNION BANK OF INDIA, CHANDRA NAGAR BRANCH, PALAKKAD.

6. STATE BANK OF TRAVANCORE, ANGADI, RANNI, PATHANAMTHITTA.

7. STATE BANK OF INDIA, SHANMUGHAM ROAD, ERNAKULAM.

8. UNION BANK OF INDIA, SPECIALISED BRANCH, M.G.ROAD, COCHIN.

9. STATE BANK OF INDIA, MAIN BRANCH, TRICHUR.

10. STATE BANK OF TRAVANCORE, KALOOR BRANCH, ERNAKULAM.

11. STATE BANK OF INDIA, ENGLISH CHURCH ROAD, PALGHAT.

R1 to R4 - BY SHRI.S.R.AJITH, R7 - BY SHRI N.MANI, R9 - BY SHRI K.S.DILIP, R11 - BY SHRI P.V.SURENDRANATH.

T.A.Nos. 6 & 7/2009 & 92/2010. : 3 :

T.A.No.7 OF 2009 (O.P.16476 0f 2002 of High Court of Kerala)

APPLICANTS:

LT.COL.R.A.K.NAIR, ANUGRAHAM, PUTHUKOTTA LANE, BABUJI NAGAR, PONGUMOODU, MEDICAL COLLEGE, PO, THIRUVANANTHAPURAM.

BY ADV. SRI. POLY MATHAI.

versus

RESPONDENTS: 1. UNION OF INDIA, MINISTRY OF DEFENCE, REPRESENTED BY UNDER SECRETARY TO GOVERNMENT, CENTRAL SECRETARIAT, NEW DELHI. 2. THE SECRETARY, DEPARTMENT OF FINANCE, GOVERNMENT OF INDIA, CENTRAL SECRETARIAT, NEW DELHI.

3. THE CONTROLLER GENERAL OF DEFENCE ACCOUNTS, NEW DELHI.

4. THE CHIEF CONTROLLER OF DEFENCE ACCOUNTS (PENSION), ALLAHABAD.

5. STATE BANK OF INDIA, MAIN BRANCH M.G.ROAD. THIRUVANANTHAPURAM.

R1 TO R4 BY SHRI P.J.PHILIP, CENTRAL GOVT. COUNSEL. R5 BY SHRI P.G.PARAMESWARA PANICKER.

T.A.Nos. 6 & 7/2009 & 92/2010. : 4 :

T.A.NO.92 OF 2010 O.P.NO.21818/2002 OF THE HIGH COURT OF KERALA)

APPLICANT:

COL.M.P.A.GEORGE, KIZHAKAEVEETTIL HOUSE, VIKRAM SARABHAI ROAD, MARADU, ERNAKULAM, PIN – 682 304.

BY ADV. SRI. POLY MATHAI.

versus

3. THE CONTROLLER GENERAL OF DEFENCE ACCOUNTS, NEW DELHI.

4. THE CHIEF CONTROLLER OF DEFENCE ACCOUNTS (PENSION), ALLAHABAD.

5. STATE BANK OF INDIA, SHANMUGHAM .ROAD,. ERNAKULAM.

R1 TO R4 - BY S.KRISHNAMOORTHY, SENIOR PANEL COUNSEL. R5 - BY STANDING COUSNEL FOR THE S.B.I. T.A.Nos. 6 & 7/2009 & 92/2010. : 5 :

O R D E R

Shrikant Tripathi, Member (J):

1. All these three Transferred Applications pertain to the same question of law and fact with regard to Non

Practicing Allowance (hereinafter referred to as 'NPA'), therefore, they are being heard together and are being disposed of by this common order.

2. None is present for the applicant. Heard Mr.P.J.Philip for the respondents and perused the record.

3. The petitioners of the aforesaid Transferred

Applications were Doctors/Veterinary Doctors in the Armed

Forces and they claim that the Non Practicing Allowance being paid to them was required to be taken as a part of the pay for computing the pension payable to them. T.A.Nos. 6 & 7/2009 & 92/2010. : 6 :

4. Seven applicants namely Lt.Col.Gopalakrishnan,

Lt.Col.M.K.Abraham, Lt.Col.M.M.Babu, Mrs.Litty Kurien,

Lt.Col.V.P.Gopinathan, Col.B.Ramesh and Lt.Col.A.Gopinath filed O.P.No.13761 of 2002, Lt.Col.R.A.K. Nair filed

O.P.No.16476 of 2002 and Col.M.P.A.George filed

O.P.No.21818 of 2002. All the Original Petitions were filed in the Hon'ble High Court of Kerala which had been received here under Section 34 of the Armed Forces Tribunal Act and respectively numbered as T.A.Nos.6/2009, 7/2009 and 92 of

2010.

5. Mr.P.J.Philip appearing for the respondents urged that a similar question had arisen before the Apex Court in the matter of Col.B.J.Akkara (Retd.) v. Government of

India and Others ((2006) 11 SCC 709), in which the

Apex Court held that the circular dated 11th September

2001 (which has been filed in the present matters as T.A.Nos. 6 & 7/2009 & 92/2010. : 7 :

Annexure P4), was only clarification to correct the wrong interpretation of the previous circular dated 7th June 1999.

The Apex Court further held that the circular dated 11th

September 2001 neither amended nor modified the previous circular dated 7th June 1999. Mr.Philip next submitted that the present matters also need to be disposed of according to the verdict of the Apex Court in Col.B.J.Akkara's case

(supra).

6. We have gone through the decision of the Apex

Court in Col.B.J.Akkar's case (supra) and we are of the view that the present matters are squarely covered by the decision of the Apex Court in that matter, therefore, the instant Transferred Applications are liable to be disposed of accordingly.

7. All the Transferred Applications are disposed of according to the decision of the Apex Court rendered in T.A.Nos. 6 & 7/2009 & 92/2010. : 8 :

Col.B.J.Akkara's case (supra). The respondents are directed to act accordingly.

8. There will be no order as to costs.

9. Let a copy of this order be placed also on the

record of connected cases, T.A.No. 7 of 2009 and

T.A.No.92 of 2010

10. Issue free copy of the order to both side.

Sd/- Sd/- LT.GEN.THOMAS MATHEW JUSTICE SHRIKANT TRIPATHI MEMBER (A) MEMBER (J) an