Kerala High Court
Union Of India vs Squadron Leader Deepa As(Retd) on 1 July, 2025
Author: Amit Rawal
Bench: Amit Rawal
W.P(C)No.41507 of 2024
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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. 41507 OF 2024
PETITIONERS:
1 UNION OF INDIA
REPRESENTED BY ITS SECRETARY, MINISTRY OF
DEFENCE, SOUTH BLOCK, NOW DELHI, PIN - 110011
2 THE CHIEF OF THE AIR STAFF
AIR HEAD QUARTERS (VAYU BHAVAN), RAFI MARG, NEW
DELHI, PIN - 110011
3 THE DIRECTOR
DIRECTORATE OF AIR VETERANS, AIR HQ, SUBROTO
PARK, NEW DELHI, PIN - 110010
4 THE JT. C.D.A. (AIR FORCE)
THE JOINT CONTROLLER OF DEFENCE ACCOUNT SUBROTO
PARK, NEW DELHI, PIN - 110010
BY ADV SRI.C.DINESH
RESPONDENT:
SQUADRON LEADER DEEPA AS(RETD)
W.P(C)No.41507 of 2024
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AGED 38 YEARS
NO.31041 W/O WING CDR PM JAYAKRISHNAN,
SREELAKOM, THEKKUMBHAGOM, NEAR KATTAVILA PALAM,
KAZHAKUTTOM P.O, THIRUVANANTHAPURAM DISTRICT,
KERALA, PIN - 695582
BY ADVS.
SRI.T.R.JAGADEESH
SRI.V.A.VINOD
SHRI.ADI NARAYANAN
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY
HEARD ON 01.07.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P(C)No.41507 of 2024
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AMIT RAWAL,
&
P.V.BALAKRISHNAN,JJ.
-------------------------------------.
W.P.(C) No. 41507 of 2024
---------------------------------
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.63 of 2022 on the files of the Armed Forces Tribunal, Regional Bench, Kochi, challenging the order dated 27.09.2023 passed, allowing the original application.
2. The O.A.No.63 of 2022 was filed by the respondent herein aggrieved by the non granting of disability pension. The respondent herein was commissioned in the Indian Air Force on 04.01.2010 in a medically fit condition. On 25.10.2019 the respondent herein fell down from a platform while on duty and sustained head injuries. The Categorisation Medical Board of the respondent herein downgraded her to A4G4 permanently. On completion of 10 years of service as a short service commission officer, the petitioners granted the respondent W.P(C)No.41507 of 2024 :4: 2025:KER:48139 herein an extension of service for a period of 4 years. But the respondent herein, due to her inability to cope up with the regular routine jobs, sought retirement prematurely and she was granted premature retirement with effect from 01.05.2021. Thereafter, when the respondent herein made a request for disability pension, the same was rejected on the ground that she has taken premature retirement, before the completion of the terms of engagement. It is aggrieved by the said action, the respondent herein approached the Armed Forces Tribunal.
3. The Tribunal, after considering the material on record and hearing both sides, allowed the original application and directed the petitioners to grant disability pension assessed @20% for life, as attributable to service with the benefit of rounding off to 50%.
4. It is the said order which is challenged in this writ petition.
5. Heard Adv.C.Dinesh, learned Central Government Counsel appearing for the petitioners and Adv.T.R.Jagadeesh W.P(C)No.41507 of 2024 :5: 2025:KER:48139 learned counsel appearing for the respondent.
6. The learned counsel for the petitioners submitted that the order passed by the Tribunal cannot be sustained, since the respondent herein, who is a short service commission officer, has taken voluntary retirement before completion of the terms of engagement and she does not have the minimum qualifying service for retiring pension. He also relied on Ext.P2/11(Annexure R1) clarification issued by the Ministry of Defence to support his contention.
7. Per contra, the learned counsel for the respondent submitted that the Tribunal has rightly relied upon Ext.P1/38 (Annexure A7) Government of India Policy letter dated 29.09.2009 to find that the respondent is entitled to disability pension even if she had opted for voluntary retirement before completing her tenure.
8. On an anxious consideration of the rival submissions and the materials on record, we find no merit in the submission made by the learned counsel for the writ petitioners. In the present case, it is an admitted fact that the W.P(C)No.41507 of 2024 :6: 2025:KER:48139 respondent herein had joined the Indian Air Force as a short service commission officer. It is also admitted that she had suffered head injuries during service, which was considered as attributable to service and was assessed disability at 20% for life. After the initial service of 10 years, on the option made by the respondent herein, an extension was granted to her for 4 years. But the respondent herein could not complete her latter part of her tenure, since she opted for voluntary retirement which was granted on 01.05.2021. Now the only question which arises for consideration is whether the respondent herein, who has thus opted for voluntary retirement before the completion of her extended tenure, is entitled for disability pension? According to us, the answer to this question squarely lies in Ext.P1/38(Annexure A7) letter dated 29.09.2009 issued by the Ministry of Defence, the relevant portion of which is extracted below;
"The undersigned is directed to refer to Note below Para 8 and Para 11 of this Ministry's letter W.P(C)No.41507 of 2024 :7: 2025:KER:48139 No.1(2)/97/D()Pen-C) dated 31.1.2001, wherein it has been provided that Armed Forces Personnel who retire voluntarily or seek discharge on request, shall not be eligible for any award on account of disability.
2. In pursuance of Government decision on the recommendations of the Sixth Central Pay Commission vide Para 5.1.69 of their Report, President is pleased to decide that Armed Forces personnel who are retained in service despite disability, which is accepted as attributable to or aggravated by Military Service and have foregone lump-sum compensation in lieu of that disability, may be given disability element/war injury element at the time of their retirement/discharge whether voluntary or otherwise in addition to Retiring/Service Pension or Retiring/Service Gratuity.
3. The provisions of this letter shall apply to the Armed Forces personnel who are retired/discharged from service on or after 1.1.2006."
9. Going by the afore communication, it can be stated without any doubt that Armed Forces personnels, who are retained in service despite disability which is attributable to W.P(C)No.41507 of 2024 :8: 2025:KER:48139 service and having foregone lump-sum compensation in lieu of that disability, can be given disability element at the time of their retirement/discharge whether voluntary or otherwise in addition to retiring/service pension or gratuity. If so, we have no doubt in our mind that the impugned order passed by the Tribunal granting disability element of pension is perfectly legal, warranting no interference.
Ergo, this writ petition is dismissed.
Sd/-
AMIT RAWAL Judge Sd/-
P.V.BALAKRISHNAN Judge dpk W.P(C)No.41507 of 2024 :9: 2025:KER:48139 APPENDIX OF WP(C) 41507/2024 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE ORIGINAL APPLICATION NO. 63 OF 2022, DATED 28.02.2022 Exhibit P2 TRUE COPY OF THE REPLY STATEMENT FILED BY THE PETITIONER HEREIN DATED 31.08.2022 Exhibit P3 TRUE COPY OF THE AWARD PASSED BY THE ARMED FORCES TRIBUNAL, REGIONAL BENCH, KOCHI IN OA. NO. 63 OF 2022 DATED 27.09.2023