In this particular case, the applicant is short of 10 years’ of service by 22 days. In this situation, when the livelihood of an individual is getting adversely affected, it is expected from a Government Organization to be magnanimous and considerate to its employee, and in this case, the same could have been achieved by delaying the discharge by 22 days. Hence, we are of the considered opinion that in the interest of substantial justice, the applicant is to be notionally treated in service till he completes 10 years of service and he should be granted invalid pension.
In the Armed Forces Tribunal
(Before SVS Rathore, Member (Judicial) and Air Marshal SVS Rathore, Member (Administrative))
Regional Bench Lucknow
No. 2804886N Ex Sepy Jadhav Nilesh Dinkar Vs Union of India,
Original Application No. 266 of 2018
Decided on March 26, 2019
Citation: 2019 SCC OnLine AFT 1028
