SAT Pension Ex Serviceman Time Not Taken

Section 19 in The Administrative Tribunals Act, 1985
19. Applications to Tribunals.—
(1) Subject to the other provisions of this Act, a person aggrieved by any order pertaining to any matter within the jurisdiction of a Tribunal may make an application to the Tribunal for the redressal of his grievance. Explanation.—For the purposes of this sub-section, “order” means an order made—
(a) by the Government or a local or other authority within the territory of India or under the control of the Government of India or by any corporation 45 [or society] owned or controlled by the Government; or
(b) by an officer, committee or other body or agency of the Government or a local or other authority or corporation 45 [or society] referred to in clause (a).
(2) Every application under sub-section (1) shall be in such form and be accompanied by such documents or other evidence and by such fee (if any, not exceeding one hundred rupees) 46 [in respect of the filing of such application and by such other fees for the service or execution of processes, as may be prescribed by the Central Government].
47 [(3) On receipt of an application under sub-section (1), the Tribunal shall, if satisfied after such inquiry as it may deem necessary, that the application is a fit case for adjudication or trial by it, admit such application; but where the Tribunal is not so satisfied, it may summarily reject the application after recording its reasons.]
(4) Where an application has been admitted by a Tribunal under sub-section (3), every proceeding under the relevant service rules as to redressal of grievances in relation to the subject-matter of such application pending immediately before such admission shall abate and save as otherwise directed by the Tribunal, no appeal or representation in relation to such matter shall thereafter be entertained under such rules.
under Rule 19 of the CCS (Pension) Rules 

Counting of non-regular/purely temporary military service for civil pension. - Continuous military (non-regular/purely temporary) service not rendered in conjunction with war service in the Army, the Navy and the Air Force will count in full towards civil pension if such service is followed without interruptions by appointment to and eventual confirmation in a pensionable post in civil service. The grant of this concession is subject to the following conditions :-

(1)The officer concerned should not have earned a pension under the military rules in respect of the service in question.
(2)In the case of services or posts in respect of which a minimum age is fixed for recruitment, no military service rendered below that age shall be allowed to count for pension.
(3)If the officer has been granted any retirement gratuity in respect of such service, such gratuity shall be refundable.

Counting of Enlisted/Commissioned Military Service shown as non-pensionable/war time engagement for the purpose of civil pensions. - A question has arisen as to whether the Enlisted/Commissioned Military Service which is shown as non-pensionable by the Defence Authorities in the Certificate of Verification of Military Service, should count towards civil pension in the case of persons who are permanently appointed to civil posts.

    The position is that, in the Defence Services there are no non-pensionable establishments and the service officers/personnel are either on regular or non-regular terms. Those who are on regular terms are entitled to pension/gratuity after rendering the prescribed periods of service and others who are not on regular terms are entitled to gratuity as admissible under the rules/orders in accordance with which they are engaged. Non-regular Military service when followed by service on regular terms counts for Military pension. In the circumstances, the service which is shown as non-pensionable/war time engagement is in fact non-regular (purely temporary) military service and will be allowed to count towards civil pension.

 No limitation on civil pension for re-employed military pensioners drawing separate military pension




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