Kerala High Court
P.P. Kumaran vs Union Of India on 23 May, 2025
Author: Amit Rawal
Bench: Amit Rawal
WP(C) NO. 43845 OF 2024 1
2025:KER:36803
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
&
THE HONOURABLE MR.JUSTICE MURALEE KRISHNA S.
FRIDAY, THE 23RD DAY OF MAY 2025 / 2ND JYAISHTA, 1947
WP(C) NO. 43845 OF 2024
PETITIONER(S)/APPLICANT:
P.P. KUMARAN
AGED 83 YEARS
EX RECT., CORPS OF SIGNALS, RESIDING AT: REMA NIVAS
THILANNUR, THAZHE CHOVVA P.O. KANNUR, PIN - 670018
BY ADVS.
SEEMA KRISHNAN
V.K.SATHYANATHAN
K.K.VIVEKANANDAN
RESPONDENT(S)/RESPONDENTS:
1 UNION OF INDIA
`REP. BY SECRETARY MINISTRY OF DEFENCE GOVERNMENT
OF INDIA NEW DELHI, PIN - 110001
2 THE SENIOR RECORD OFFICER
RECORD SIGNALS C/O 56 APO, PIN - 908770
3 THE CHIEF OF ARMY STAFF
ARMY HEADQUARTERS NEW DELHI, PIN - 110001
4 STATE OF KERALA
REP. BY THE SECRETRY TO GOVERNMENT GENERAL
ADMINISTRATION, SAINIK WELFARE DEPARTMENT
THIRUVANANTHAPURAM, PIN - 695001
BY ADV C.DINESH
THIS WRIT PETITION (CIVIL) HAVING BEEN HEARD ON 23.05.2025,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT
Amit Rawal, J.
Concededly, the petitioner, who is now 80 years
was recruited in Corps of Signals on 9.12.1963 and while
undergoing training in 2 Military Training Regiment, 3
Signal Training Centre, Jabalpur, M.P, was discharged from
the service on 30.4.1964 without assigning any reason.
2. Many representations were submitted but
it was later learnt that he was discharged on the basis of
some adverse report. Petitioner preferred an original
petition bearing No.17460 of 1998 before this Court
challenging the illegal discharge. This Court vide judgment
dated 27.1.1998 disposed of the same with a directions to
the respondent to consider the representation. However, it
is not discerned from the pleadings as to whether there
was any adjudication on the representation or not but the
fact remains the petitioner preferred another OP bearing
No.18245 of 1999 which was closed vide order dated
5.6.2001. Despite having not been able to successful
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though the said type of discharges as per the various
judgments have been found to be illegal, petitioner kept on
making the repetitive representation and ultimately filed
the OA in 2022.
3. The learned Tribunal has rejected the petition
by observing as under:
6. It is undisputed that this O.A has been filed
by the applicant after an inordinate and
unexplainable delay of almost 60 years. The
learned counsel for the respondents have
emphatically stated that all documents in
respect of the applicant have been destroyed
after the mandatory retention period of 25
years in the case of this non-pensioner, as per
Paragraphs 592 to 596 of Regulations for the
Army, 1987 (Revised). As far as this submission
is concerned, we cannot find any fault with the
respondents for having destroyed the
documents after the mandatory retention
period. In the absence of adequate materials to
adjudicate the case owing to the inordinate
delay, we are unable to consider this case. We
find that the applicant himself is responsible for
this predicament. This O.A filed by the applicant
is badly barred by Law of Limitation as
prescribed under Section 22 of the Armed
Forces Tribunal Act, 2007, as the same has
been filed after a lapse of more than 58 years. It
is also pertinent to mention here that the
Honourable Armed Forces Tribunal [RB],
Lucknow has pronounced a judgment dated 9th
August 2017 and dismissed O.A. No.246 of 2015
filed by Ex Rect. Mohammed Shamim Khan v.
Union of India & Others, stating that "the
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applicant has come for justice after a delay of
48 years by when all his service records have
been weeded out". Further, Honourable
Supreme Court of India in the judgment passed
in C. Jacob v. Director of Geology and Mining
and another, reported in [2008] 10 SCC 115,
had held that "a dead or stale claim is not
permitted to be revived. The person who sleeps
over his right is not entitled for any
indulgence". Further, the Hon'ble High Court of
Judicature at Allahabad, vide order dated 4th
August 2004 in Civil Miscellaneous Writ
Petition No. 8524 of 2000 titled Inderpal Singh
v. Union of India and Others had dismissed the
petition stating that "consequently, the appeal
filed by the petitioner was wholly belated and
the delay could not be condoned merely
because the petitioner woke up after 18 years".
This bench of the Tribunal vide order dated 18
October 2016 in M.A.No.19 of 2016 in
O.A.No.154 of 2015 titled as Mathai M.D. v.
Union of India and Others, dismissed the
application for condonation of delay as well as
the O.A. The Armed Forces Tribunal, Regional
Bench, Lucknow has also dismissed
M.A.No.1665 of 2016 in O.A. No. 'Nil' of 2016
vide order dated at 8th March 2017 titled as
Ex.Sepoy Goverdhan Vishwakarma v. Union of
India & Others. The present OA is no different
than these cases quoted above, in terms of
Inordinate and insurmountable delay.
7. In the case of this applicant, not only has
there been an Inordinate delay in filing this O.A,
but the applicant has not been able to articulate
any cogent reason to condone the delay. Non
availability of essential documents since they
were destroyed after the mandatory retention
period is fatal to the case. The applicant himself
is responsible for the inordinate delay and we
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do not find any mistake on the part of the
respondents. We are left with no choice but to
dismiss the case on account of delay.
4. We are in agreement with the findings of
the Tribunal as already on two occasions there had been
an adjudication. It is settled law on making repetitive
representation, a person cannot take away fresh cause of
action on rejection of the representation. We do not find
any merit in the petition. Accordingly, dismissed.
SD/-
AMIT RAWAL
JUDGE
SD/-
sab MURALEE KRISHNA S.
JUDGE
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APPENDIX OF WP(C) 43845/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE ORDER DATED 05-11-
Exhibit P2 TRUE COPY OF THE ORDER DATED 06-08-
2024 IN CIVIL APPEAL NO. 1320 -
1321/2019 OF THE HON'BLE SUPREME
COURT
Exhibit P3 TRUE COPY OF THE ORDER DATED 20-12-
2023 IN OA NO. 111/2017 OF THE
HON'BLE ARMED FORCES TRIBUNAL,
REGIONAL BENCH, KOCHI
Exhibit P4 TRUE COPY OF THE OA NO. 262/2022 WITH
ANNEXURES A1 TO A24
Exhibit P5 TRUE COPY OF THE MA NO. 754/2022 IN
OA NO. 262/2022 FILED FOR CONDONATION
OF DELAY IN FILING THE OA
Exhibit P6 TRUE COPY OF THE REPLY STATEMENT
FILED BY THE RESPONDENTS IN THE OA
Exhibit P7 TRUE COPY OF THE REJOINDER FILED BY
THE PETITIONER TO THE REPLY STATEMENT
FILED BY THE RESPONDENTS
Exhibit P8 TRUE COPY OF THE ORDER DATED 19-12-
2023 IN OA NO. 262/2022 OF THE ARMED
FORCES TRIBUNAL, REGIONAL BENCH,
KOCHI
