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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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
W.P(C)No.19639 of 2023
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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:
W.P(C)No.19639 of 2023
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AMIT RAWAL,
&
P.V.BALAKRISHNAN,JJ.
-------------------------------------
W.P(C) No.19639 of 2023
---------------------------------
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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
