Kerala High Court
Major Ajith Jinjil ( Ex No. Mr-06632 F) vs Union Of India, Represented By Its ... on 8 July, 2025
Author: Amit Rawal
Bench: Amit Rawal
W.P(C)No.19639 of 2023
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2025:KER:49858
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
&
THE HONOURABLE MR.JUSTICE P. V. BALAKRISHNAN
TUESDAY, THE 8TH DAY OF JULY 2025 / 17TH ASHADHA, 1947
WP(C) NO. 19639 OF 2023
PETITIONER:
MAJOR AJITH JINJIL (EX NO. MR-06632 F) ,
AGED 51 YEARS
S/O. SANKU PANICKER THRIVIKRAMAN, NO.10 A
SKYLINE PRIMROSE, POTTAKUZHY ROAD, KALOOR,
KOCHI, PIN - 682017
BY ADVS.
SHRI.RATHEESH B.
SHRI.GYOTHISH CHANDRAN
SHRI.SETHUMADHAVAN D.
SHRI.SREENATH S.
RESPONDENTS:
1 UNION OF INDIA, REPRESENTED BY ITS SECRETARY,
MINISTRY OF DEFENCE, SOUTH BLOCK, NEW DELHI, PIN
- 110011
2 THE CHIEF OF THE ARMY STAFF
INTEGRATED HEAD QUARTERS (ARMY) SOUTH BLOCK, NEW
DELHI, PIN - 110011
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3 THE ADJUTANT GENERAL
OFFICE OF THE ADJUTANT GENERAL INTEGRATED HEAD
QUARTERS (ARMY) SOUTH BLOCK, NEW DELHI, PIN -
110011
4 DIRECTOR GENERAL OF ARMED FORCES MEDICAL
SERVICES
OFFICE OF THE DGAFMS ROOM NO. 42, M BLOCK, NEW
DELHI, PIN - 110001
5 DIRECTOR GENERAL OF MEDICAL SERVICES (ARMY)
OFFICE OF THE DGMS(ARMY) ROOM NO.34, ‘L'
BLOCK AG'S BRANCH, INTEGRATED HQ OF MOD (ARMY)
NEW DELHI, PIN - 110001
6 PRINCIPAL CONTROLLER OF DEFENCE ACCOUNTS
(PENSIONS)
OFFICE OF THE PCDA(P) DRAUPATI GARH, ALLAHABAD,
PIN - 211014
7 PRINCIPAL CONTROLLER OF DEFENCE ACCOUNTS
(OFFICERS)
OFFICE OF THE PCDA (O) GOLIBAR MAIDAN, PUNE, PIN
- 411001
BY ADV SHRI.A.R.GANGADAS, SENIOR PANEL COUNSEL
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY
HEARD ON 02.07.2025, THE COURT ON 8.7.2025 DELIVERED
THE FOLLOWING:
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AMIT RAWAL,
&
P.V.BALAKRISHNAN,JJ.
-------------------------------------
W.P(C) No.19639 of 2023
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Dated this the 8th day of July 2025
JUDGMENT
P.V.BALAKRISHNAN,J This writ petition is filed by the applicant in O.A.No.63 of 2021 on the files of the Armed Forces Tribunal, Regional Bench, Kochi, challenging the order dated 09.03.2023, dismissing his application.
2. The applicant was commissioned as a Medical Officer in the Indian Army on 19.01.1994. According to him, due to various ailments, which were attributable to his service conditions, he could not continue his service and hence, he opted for voluntary retirement from service. The Government approved his request and allowed to resign his commission W.P(C)No.19639 of 2023 :4: 2025:KER:49858 and consequently, he was released from service on 16.08.2003. At that time, he was in medical category S1H1A1P3E1 for Disseminated Tuberculosis. No Release Medical Board was conducted by the Army Authorities, since as per Regulation 50 of the Pension Regulations for the Army, 1961, an officer, who voluntarily retires, was not entitled to disability pension. After implementation of the 6 th Central Pay Commission, the Government changed the policy and now an officer, who retires voluntarily, is also entitled for disability pension. Accordingly, the applicant made a request for conducting a Medical Board, which was acceded to. But the claim for disability pension was rejected by stating that a person who has tendered resignation is not entitled for the same. The Release Medical Board, proceedings obtained by the applicant would show that the disabilities suffered by him is attributable to the service conditions and the percentage is assessed @20% for life. Hence, the applicant approached the Tribunal by filing O.A.No.63/2021.
3. The Tribunal, after considering the materials on W.P(C)No.19639 of 2023 :5: 2025:KER:49858 record and hearing both sides, dismissed the O.A. It is aggrieved by the said order, this writ petition is filed by the applicant.
4. Heard Adv.Ratheesh.B, learned counsel for the petitioner and Adv.A.R.Gangadas, learned Senior Panel Counsel for the respondents.
5. The learned counsel for the petitioner submitted that the petitioner, who has voluntarily resigned from service before completing the period of qualifying service, is entitled to disability pension as per Annexure A-3 policy letter dated 19.05.2017 since, no distinction can be made between persons who have voluntarily retired and voluntarily resigned.
According to the learned counsel, there is no bar in law preventing sanctioning of disability pension to persons who have resigned. He by relying on the decision in Union of India v. Lt.Col. P.S.Bhargava [(1997 (1) SCR 130], further contended that even if a person has resigned from Army, there is no automatic forfeiture of pension or gratuity and such person will be entitled to pensionary benefits.
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6. Per contra, the learned counsel for the respondents contended that there is vast difference between voluntary retirement and resignation, and a person who has resigned from service before completion of the qualifying service, is not entitled to service pension or any other terminal benefits. He submitted that Annexure A-3 policy relied on by the petitioner is not applicable to him since, it prescribes granting of disability element of pension in addition to service pension to the Armed Forces Personnel who have retired. He further, by relying on Annexure R-7, contended that the Ministry of Defence has clarified that since no pensionary element is admissible on resignation, the provision of Annexure R-13 is not extended to persons who have resigned and this in turn shows that the case of the petitioner is not covered under Annexure A-3.
7. In the present case, the petitioner has resigned his commission, as evidenced by Annexures R-1 and R-2. It is not in dispute that the petitioner has rendered service for the period from 19.1.1994 to 16.8.2003 i.e., for 9 years 6 months W.P(C)No.19639 of 2023 :7: 2025:KER:49858 and 27 days. Annexure R-2 specifically states that since the petitioner has resigned, he will not be entitled to any terminal benefits. Clauses 13,14 & 15 of Annexure R-3 deals with the definition of resignation and the obligation and entitlement of the officers, who have resigned. As per it, the term 'resignation' is applicable to an officer leaving the Army before he becomes eligible by length of service for pension/gratuity or an officer seeking to voluntarily resign irrespective of the length of his service by forfeiting the gratuity/pension. As per clause 15, it is very clear that the officers who are permitted to resign are not entitled to terminal benefits. At this juncture, it will be pertinent to note that the term 'premature retirement' as defined in clause 7, will apply only to permanent commissioned officers who have rendered 10 years or more of service and are eligible for gratuity or pension and who wish to retire before superannuation. Even in such cases of premature retirement, as per clause 9, the officers with less than 20 years, but more than 10 years of service are not entitled to any pension. Going by Annexure A3, which is relied on by the W.P(C)No.19639 of 2023 :8: 2025:KER:49858 petitioner, it is to be seen that the same is applicable only to persons who were retained in service despite disqualification and who retired voluntarily or otherwise. It is also to be seen that as per Annexure A-3, disability element is granted in addition to retiring/service pension. The case of the petitioner, being one of resignation and that too before attaining the qualifying service, will not fall under the category mentioned in Annexure A-3. The said conclusion is also fortified by Annexure R-7 clarification letter dated 26th November 2012, which is extracted below:
"Consequent to the implementation of recommendations of Sixth Central Pay Commission contained in Para 5.1.69 of the Report by the GoI, vide MoD letter No.16(5)/2008/D(Pen/Pol) dated 29 Sep 09, it was decided that disability/war injury element shall be eligible to personnel who are retained in service despite disability which is accepted as attributable to or aggravated by mil service and have foregone lumpsum compensation in lieu of disability on their premature retirement on or after 01 Jan 06. The issue of entitlement of the above benefits to those who resign from service has been examined in consultation with Min of W.P(C)No.19639 of 2023 :9: 2025:KER:49858 Defence and it has been clarified that the disability/war injury element is admissible along with Retiring/Service Pension or Retiring/Service Gratuity as per the provisions contained in Govt letter dated 29 Sep 09. Since no pensionary entitlement is admissible on resignation, the provisions of the Govt letter dated 29 Sep 09 shall not be extended to those proceeding on resignation." (emphasis supplied)
8. Now coming to the contention of the learned counsel for the petitioner by relying upon the decision in Bhargava's case (cited supra), we are of the view that the said decision is not applicable to the facts of the present case. First of all, in that case, the applicant was indeed having the qualifying service to claim the pensionary benefits unlike the instant case where admittedly the petitioner is not having the qualifying service of 10 years. Secondly, the Regulations, which were applicable in that case, did not postulate an automatic forfeiture of pension and gratuity for a person resigning voluntarily, unlike the present case.
The upshot of the afore discussions is that there is no error committed by the Tribunal in declining the relief of W.P(C)No.19639 of 2023 : 10 : 2025:KER:49858 disability pension to the petitioner. Ergo, 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.19639 of 2023 : 11 : 2025:KER:49858 APPENDIX OF WP(C) 19639/2023 PETITIONER ANNEXURES Annexure A-8 TRUE COPY OF LETTER NO MR-06632F/G-
3MPRS(O)/(NE) DATED 20.01.2020 ALONG WITH MR-06632F/G-
3/MPRS(O)/NE/878/2019/AG/PS-4(IMP-I) DATED 13.01.2020 Annexure A-14 TRUE COPY OF LETTER NO.MR-06632F/G-
3/MPRS(O)/AMC/NE DATED 30.09.2020
ALONG WITH MR-
06632F/MPRS(O)/NE/53/2020/1ST APPEAL/AG/PS-4(IMP-II) DATED 15.09.2020 Annexure A-16 TRUE COPY OF LETTER NO. MR-06632F/G-
3/MPRS(O)/AMC/NE DATED 29.01.2021 Annexure A-1 TRUE COPY OF LETTER NO.66797/PR&R/ AJ/2002/ DGMS-1A DATED 25.07.2003 Annexure A-2 TRUE COPY OF PERSONAL AND SERVICE PARTICULARS OF OFFICERS ISSUED TO THE APPLICANT Annexure A-3 TRUE COPY OF LETTER NO.16(05)/ 2008/ D (PENSION/POLICY) DATED 19.05.2017 Annexure A-4 TRUE COPY OF THE REQUEST DATED 28.03.2019 Annexure A-5 TRUE COPY OF THE DGMS(ARMY)/DGMS-5A LETTER NO. 76101/RAMB/DGMS-5A DATED 05.04.2019 Annexure A-6 TRUE COPY OF THE LETTER NO. MR-
06632F/MPRS(O)/NE DATED 27.06.2019 Annexure A-7 TRUE COPY OF THE LETTER NO.
CHAFB/2152/1/MB DATED 19.07.2019 Annexure A-9 TRUE COPY OF THE REQUEST DATED 03.02.2020 Annexure A-10 TRUE COPY OF THE LETTER NO. MR-
06632F/G-3/MPRS(O)/NE DATED 18.02.2020 Annexure A-11 TRUE COPY OF RMB PROCEEDINGS OF THE APPLICANT W.P(C)No.19639 of 2023 : 12 : 2025:KER:49858 Annexure A-12 TRUE COPY OF THE FIRST APPEAL DATED 04.03.2020 Annexure A-13 TRUE COPY OF THE LETTER DATED 06.03.2020 Annexure A-15 TRUE COPY OF SECOND APPEAL DATED 22.11.2020 Annexure R-1 TRUE COPY OF THE PART II ORDER:
OFFICERS (THE PETITIONER WAS COMMISSIONED IN ARMY MEDICAL CORPS ON 19 JAN 1994 AND RESIGNED FROM SERVICE ON 16.08.2003 Annexure R-2 TRUE COPY OF LETTER NO. 66797/ PR&R/ AJ/ 2002/ DGMS-1A DATED 25.07.2003 ISSUED BY THE DIRECTORATE GENERAL OF MEDICAL SERVICES (ARMY) Annexure R-3 TRUE COPY OF LETTER NO.
66797/PR&R/POLICY/98/ DGMS-1A DATED 26.03.1998 REGARDING POLICY FOR GRANT OF ‘PREMATURE RETIREMENT AND RESIGNATION FROM SERVICE' Annexure R-4 TRUE COPY OF EXTRACT OF PARA 48 OF PENSION REGULATIONS FOR THE ARMY 1961 PART I SECTION III Annexure R-5 TRUE COPY OF EXTRACT OF PARA 53 OF PENSION REGULATIONS FOR THE ARMY 1961 PART I SECTION III Annexure R-6 TRUE COPY OF THE LETTER NO. 16(05) / 2008/ D(PENSION/POLICY) DATED 19.05.2017 Annexure R-7 TRUE COPY OF THE CLARIFICATION LETTER NO. B/40103/AG/PS-5 DATED 26.11.2012 ISSUED BY AG/PS-5 Annexure R-8 TRUE COPY OF THE MEDICAL BOARD PROCEEDINGS (AFMSF-16) DATED 11.11.2019 Annexure R-9 TRUE COPY OF THE LETTER NO. MR-06632F/ MPRS(O)/NE/878/2019/AG/PS-4(IMP-I) DATED 13.01.2020 Annexure R-10 TRUE COPY OF THE LETTER NO. MR-06632F/ MPRS(O)/NE/53/2020/1ST APPEAL/AG/PS4(IMP-II) DATED 15.09.2020 W.P(C)No.19639 of 2023 : 13 : 2025:KER:49858 Annexure R-11 TRUE COPY OF THE LETTER NO. MR-
06632F/G-3/MPRS(O)/AMC/NE DATED 29.01.2011 Annexure R-12 TRUE COPY OF THE EXTRACT OF PARA 5 OF ENTITLEMENT RULES-1982 Annexure R-13 TRUE COPY OF THE LETTER NO.
16(5)/2008/D(PEN/POLICY) DATED 29.09.2009 ISSUED BY GOVERNMENT OF INDIA, MINISTRY OF DEFENCE, DEPARTMENT OF EX-SERVICEMEN WELFARE Annexure R-14 TRUE COPY OF THE EXTRACT OF RULE 25 OF PENSION REGULATIONS FOR THE ARMY 1961 PART-I Annexure R-15 TRUE COPY OF THE LETTER NO. MR-
06632F/G-3/MPRS(O)/NE DATED 18.02.2020 Annexure R-16 TRUE COPY OF THE POLICY LETTER NO.
1(2)/2002/D(PEN-C) DATED 01.09.2005 Annexure R-17 TRUE COPY OF THE MS BRANCH LETTER NO.
04588/MS: POLICY DATED 22.11.2001 Annexure A-16A TRUE COPY OF REGULATION 60 SECTION III OF PENSION REGULATIONS FOR THE ARMY PART I Annexure A-17 TRUE COPY OF REGULATION 16 SECTION I OF PENSION REGULATIONS FOR THE ARMY PART I Annexure A-18 TRUE COPY OF REGULATION 50 SECTION III OF PENSION REGULATIONS FOR THE ARMY PART I Annexure A-19 TRUE COPY OF PARA 5.1.69 OF REPORT OF THE SIXTH CENTRAL PAY COMMISSION DATED 03.2008, RECOMMENDING DISABILITY PENSION TO OFFICERS WHO LEAVE SERVICE VOLUNTARILY Annexure A-20 TRUE COPY OF POLICY LETTER NO. 1(2)/ 2002/D(PEN-C) DATED 01.09.2005 Annexure MA-1 TRUE COPY OF MEDICAL CERTIFICATE FROM SURG CAPT (DR) ANUPAM KUMAR, SENIOR ADVISOR (MED) & ENDOCRINOLOGIST, INHS SANJIVANI HOSPITAL, NAVAL BASE, KOCHIDATED 26.12.2022 W.P(C)No.19639 of 2023 : 14 : 2025:KER:49858 Annexure MA-2 TRUE COPY OF PET CT SCAN REPORT FROM AMRITA INSTITUTE OF MEDICAL SCIENCES AND RESEARCH CENTRE DATED 29.11.2022 Annexure MA-3 TRUE COPY OF DEPARTMENT OF EX-
SERVICEMEN WELFARE LETTER ISSUED VIDE FILE NO 17(17)/2015/WE/D(RES-1) DATED 07.03.2019 REGARDING ECHS MEMBERSHIP TERMS APPLICABLE TO PRE-MATURE RETIREES Annexure MA-4 TRUE COPY OF EX-SERVICEMEN CONTRIBUTORY HEALTH SCHEME MEMBERSHIP CARD NO. BA 000007054979 OF MAJ AJITH JINJIL ISSUED ON 21.01.2022 Exhibit P-1 TRUE COPY OF RELEVANT CLINICAL RECORDS OF THAT TIME INCLUDING REFERRAL TO PSYCHIATRIC EVALUATION Exhibit P-2 TRUE COPY OF O.A. 63 OF 2021 ALONG WITH ANNEXURES Exhibit P-3 TRUE COPY OF THE REPLY STATEMENT ALONG WITH ANNEXURE R-1 TO R-17 Exhibit P-4 TRUE COPY OF REJOINDER STATEMENT ALONG WITH ANNEXURES A-16 A TO A-20 Exhibit P-5 TRUE COPY OF EARLY HEARING APPLICATION SUBMITTED BY THE PETITIONER ALONG WITH ANNEXURES MA-1 TO MA-4 Exhibit P-6 TRUE COPY OF ORDER IN OA NO.63 OF 2021 PASSED BY THE ARMED FORCES TRIBUNAL, REGIONAL BENCH KOCHI ON 09.03.2023 Exhibit P7 TRUE COPY OF SERVICE LIABILITY BOND AGREEMENT DATED 02.08.1989 SIGNED BETWEEN PETITIONER'S FATHER AND THE COMMANDANT AFMC Exhibit P8 TRUE COPY OF SERVICE PARTICULARS OF THE PETITIONER APPX A TO AO 135/78