AFT passed the wrong order of disability pension and granted me a 20% disability pension for two years only. Whereas I was 50% disabled and as per NANA I am entitled to get pension for life, therefore filed an OA in the Armed Forces Tribunal Lucknow. That case is challenged on the maintainability. The UOI said that case is not maintainable.
Asked from: Uttar Pradesh
It appears that you previously filed an Original Application before the Armed Forces Tribunal (AFT) and received a favorable order. However, you are now dissatisfied with the order that AFT passed the wrong order of disability pension.
If your disability was caused or aggravated by military service conditions, the disability percentage should have been set at 50%. Based on this, you would be entitled to receive a lifelong pension.
Recently, you filed another Original Application, seeking a declaration that your disability percentage be set at 50% and that you should receive a pension accordingly. However, it is important to understand that if the same issue has already been adjudicated by the tribunal in the past, you cannot file a new case on the same grounds. This is because of the principle of res-judicata, which prevents the reopening of a case that has already been decided.
In this situation, the appropriate course of action would be to withdraw your current Original Application and instead file a modification application. If you believe you are entitled to a lifelong pension, you should seek a modification of the existing order passed by the AFT, rather than filing a new case.
You still have an opportunity to seek the modification of the original order. There is no need to file a completely new Original Application. The objection raised by the opposite party, asserting that your current application is not maintainable, is valid. The AFT is likely to dismiss your case on the grounds of maintainability, given that the issue has already been adjudicated.
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