Kerala High Court
Union Of India vs Veteran Corporal Pedikkattil Syedali ... on 1 July, 2025
Author: Amit Rawal
Bench: Amit Rawal
W.P(C)No.8291 of 2025
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2025:KER:48364
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
&
THE HONOURABLE MR.JUSTICE P. V. BALAKRISHNAN
TUESDAY, THE 1ST DAY OF JULY 2025 / 10TH ASHADHA, 1947
WP(C) NO. 8291 OF 2025
PETITIONERS:
1 UNION OF INDIA,
SECRETARY DESW (DEPT OF EX-SERVICEMAN WELFARE)
MINISTRY OF DEFENCE, SOUTH BLOCK, NEW DELHI, PIN
- 110011
2 THE CHIEF OF THE AIR STAFF
AIR HEAD QUARTERS (VAYU BHAVAN), RAFT MARG, NEW
DELHI, PIN - 110011
3 THE DIRECTOR
DIRECTORATE OF AIR VETERANS, AIR HQ, SUBROTO
PARK, NEW DELHI, PIN - 110010
4 THE PRINCIPAL CONTROLLER OF DEFENCE ACCOUNTS
(PENSIONS)
OFFICE OF THE PCDA(P), DRAUPATIGHAT, PRAYAGRAJ,
UTTAR PRADESH, PIN - 211014
BY ADV SHRI.C.DINESH, CGC
RESPONDENT:
VETERAN CORPORAL PEDIKKATTIL SYEDALI SHAMSUDHIN
NO. 234 983, PEEDIKKATTIL HOUSE, CHERPU WEST
W.P(C)No.8291 of 2025
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P.O, THRISSUR, KERALA, PIN - 680561
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY
HEARAD ON 01.07.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P(C)No.8291 of 2025
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AMIT RAWAL,
&
P.V.BALAKRISHNAN,JJ.
-------------------------------------.
W.P.(C) No. 8291 of 2025
---------------------------------
Dated this the 1st day of July 2025
JUDGMENT
P.V.BALAKRISHNAN,J This writ petition is filed by the respondents in O.A.No.175/2023 on the files of the Armed Forces Tribunal, Regional Bench, Kochi challenging the order dated 11.07.2024 passed therein.
2. The respondent herein approached the Armed Forces Tribunal seeking a direction to sanction reservist pension to him from 15.09.1976 onwards with arrears. The respondent herein had enrolled in the Indian Air Force on 15.09.1961 on terms of engagement for 9 years regular and 6 years reserve service. He was discharged on 15.09.1970 after regular service of 9 years and was transferred to Regular Air Force Reserve for 6 years, with effect from 16.09.1970. W.P(C)No.8291 of 2025
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2025:KER:48364 Thereafter, he was recalled and he joined back on 26.10.1971. Later he was discharged on 24.07.1972 after serving 184 days. According to the respondent herein, as per the terms of engagement, he completed his reserve service on 15.09.1976, but was denied his eligible reservist pension. Hence, he approached the Armed Forces Tribunal.
3. The Tribunal vide order dated 11.07.2024 allowed the O.A. and directed the writ petitioners to sanction and pay reservist pension to the respondent herein with effect from the date of completion of 15 years of combined regular and reserve services, not withstanding his discharge. It also ordered that the arrears would be restricted to a period of three years prior to the filing of the O.A.and the gratuity paid to him in lieu of pension will be adjusted against the reservist pension.
4. It is aggrieved by the afore order, this writ petition has been filed.
5. Heard Adv.Dinesh, learned counsel appearing for the petitioners.W.P(C)No.8291 of 2025
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2025:KER:48364
6. The learned counsel for the petitioners submitted that the respondent herein has only a total service of 11 years and 89 days and, as per the Pension Regulations for the Air Force, 1961, he is not entitled for service pension or reservist pension. According to him, the respondent herein was prematurely discharged from service as his service was no longer required and since, he has not completed 15 years of service, is not eligible for reservist pension.
7. A perusal of the materials on record would go to show that the respondent herein was enrolled in the Indian Air Force on terms of engagement of 9 years regular and 6 years in reserve service on 15.09.1961. After serving for 9 years, he was transferred to reserve service on 16.09.1970 and later was recalled to service on 26.10.1971 and was released from service on 27.04.1972 as evidenced by Ext.P1 (Annexure A2).
Subsequently, the respondent herein was discharged from service on 13.12.1972 since his service was no longer required as evidenced by Ext.P2 (Annexure R1). It can thus be seen that the petitioners have availed the services of the W.P(C)No.8291 of 2025 : 6 :-
2025:KER:48364 respondent for 9 years in active service and has kept him in reserved service for 6 years and during the interregnum has recalled him to service for 184 days. It is thereafter, the respondent herein was discharged from service on 13/12/1972 while he was kept on reserve service, the period of which will expire only in 1976.
8. As rightly found by the Tribunal, by relying on the decision of the Principal Bench of Armed Forces Tribunal in Sh.Sadashiv Haribabu Nargund & Ors. v. Union of India (T.A.No.564/2020) (W.P.(C) No.6458/2009 of Bombay High Court), the doctrine of promissory estoppel squarely applies to the facts of the present case and the petitioners cannot wriggle out from their liability. As stated earlier, when the appointment was given to the respondent herein, it was clearly stated that he will have to serve 9 years in regular service and 6 years in reserve service. It is on the basis of the said representation, the respondent herein had joined the service, the tenure of which will be completed in 1976. Now, the petitioners cannot contend that since the appointment has W.P(C)No.8291 of 2025 : 7 :-
2025:KER:48364 been terminated prior to completion of service in 1976, the respondent herein will not be entitled to count 6 years reserve service for his pensionary benefits. At this juncture, we will also take note of the unreported decision of this Court in K.G.Thomas v. Union of India (W.P.(C) No.29497 of 2004 dated 03.05.2006) wherein it has been categorically held that the reserve period is also liable to be counted for the purpose of pension, even if the applicant was released/discharged prior to the completion of his term in that service. If so, we find no merit in this writ petition and the same is accordingly dismissed.
Sd/-
AMIT RAWAL Judge Sd/-
P.V.BALAKRISHNAN Judge dpk W.P(C)No.8291 of 2025 : 8 :-
2025:KER:48364 APPENDIX OF WP(C) 8291/2025 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE ORIGINAL APPLICATION NO. 175 OF 2023 FILED BY THE APPLICANT BEFORE THE HON'BLE ARMED FORCES TRIBUNAL AFT (RB), KOCHI BENCH ALONG WITH DOCUMENTS Exhibit P2 TRUE COPY OF THE REPLY STATEMENT FILED BY THE RESPONDENTS TO THE ORIGINAL APPLICATION BEFORE THE HON'BLE ARMED FORCES TRIBUNAL AFT (RB), KOCHI BENCH ALONG WITH DOCUMENTS Exhibit P3 THE TRUE COPY OF THE ORDER DATED 28.2.2024 IN O.A. NO 175 OF 2023 PASSED BY THE HON'BLE ARMED FORCES TRIBUNAL AFT (RB), KOCHI BENCH Exhibit P4 TRUE COPY OF THE REVIEW APPLICATION NO. 10 OF 2024 FILED BY THE APPLICANT ALONG WITH THE DOCUMENTS Exhibit P5 TRUE COPY OF THE ORDER DATED 11.7.2024 IN REVIEW APPLICATION NO. 10 OF 2024 Exhibit P6 TRUE COPY OF THE ORDER IN O.A. NO 175 OF 2023 OF THE HON'BLE ARMED FORCE TRIBUNAL AFT (RB), KOCHI BENCH DATED 11.7.2024