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
:1:
2025:KER:48139
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
:2:
2025:KER:48139
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
:3:
2025:KER:48139
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
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
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
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
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
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
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
