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.
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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.
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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
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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
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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
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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
