[Cites 3, Cited by 0]
Kerala High Court
Anandkumar S Nair vs Union Of India on 21 January, 2026
W.P.(C) No.33603 of 2025
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2026:KER:5127
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE K. NATARAJAN
&
THE HONOURABLE MR. JUSTICE JOHNSON JOHN
WEDNESDAY, THE 21ST DAY OF JANUARY 2026 / 1ST MAGHA, 1947
WP(C) NO. 33603 OF 2025
PETITIONER/S:
1 ANANDKUMAR S NAIR
AGED 72 YEARS
S/O. LATE N.K.S NAIR, RESIDING AT A9A4,
BCANTI ROYAL CREST, JAWAHAR NAGAR, KOWDIAR,
THIRUVANANTHAPURAM, PIN - 695 003.
2 AJAY AHLAWAT
AGED 66 YEARS, S/O. LATE MAJ TARIF SINGH AHLAWAT,
RESIDING AT C/O PAULINE SHAJI, 18B, SFS
CASAFLORA, PAPLI ROAD, PADAMUGHAL, KAKANAD,
ERNAKULAM, PIN - 682030 - REPRESENTED BY ITS
POWER OF ATTORNEY A.S NAIR.
3 ASHOK KUMAR SURI
AGED 72 YEARS
S/O. KRISHAN LAL SURI, RESIDING AT FLAT 5A1,
RDS AVENUE ONE, NEXT TO PASSPORT OFFICE,
PANAMPILLY NAGAR, ERNAKULAM, PIN - 682036 -
REPRESENTED BY ITS POWER OF ATTORNEY A.S NAIR.
4 SANDEEP DILWALI
AGED 67 YEARS, S/O. LATE PREM NATH DILWALI,
DWARAKA, D4, JAWAHAR NAGAR, KOWDIAR,
THIRUVANANTHAPURAM - PIN - 695003
REPRESENTED BY ITS POWER OF ATTORNEY A.S NAIR,
5 VINOD KUMAR AGARWAL
AGED 76 YEARS, S/O. LATE CHANDRA KANT,
THANAL NIWAS, MADAKKUMNU P.O, KALPETTA NORTH,
WAYANAD, PIN - 673 122.
W.P.(C) No.33603 of 2025
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6 B.B AHLUWALIA
AGED 77 YEARS
S/O. LATE O.P AHLUWALIA, 10D LINK HEIGHTS,
PANAMPILLY NAGAR, ERNAKULAM, PIN - 682 036.
7 H L SATHU
AGED 77 YEARS, S/O. LATE PREM NATH SATHU, 9E,
PALACE COURT, KOWDIAR,
THIRUVANANTHAPURAM, PIN - 695 003.
8 P K SAHNI
AGED 77 YEARS, S/O. LATE DHARMAM NATH SAHNI,
ROSE VILLA (PLAVILAYIL), MALLASSERY PO,
PATHANAMTHITTA, PIN - 689 646.
9 BHASKARAN RAVINDRAN NAIR
AGED 74 YEARS
S/O. LATE A.B NAIR, MGRA 28 (TC 29/75-1),
MEPPALLI GARDEN LANE, PETTAH P O,
THIRUVANANTHAPURAM, PIN - 695 024.
0 SHANKAR MUKHERJEE
AGED 71 YEARS
S/O. LATE S.S MUKHERJEE, RESIDING AT E17B LAKE
TERRACE APARTMENTS, SUBHASH CHANDRA BOSE ROAD,
ERNAKULAM, PIN - 682 019 - REPRESENTED BY ITS
POWER OF ATTORNEY A.S NAIR,
11 OM PARKASH JAIN
AGED 64 YEARS, S/O. LATE NATHU LAL JAIN.,
5/2201-A, PUSHKARNI BUNGALOW, P S ROAD,
CALICUT, PIN - 673 001.
12 SAMAR CHAKRAVORTY
AGED 73 YEARS, S/O. LATE H.N CHAKRAVORTY,
THOPPIL HOUSE, CHETHICODE P.O, KANJIRAMATTOM,
ERNAKULAM, PIN - 682 315.
13 AN ARUN KUMAR
AGED 69 YEARS, S/O. LATE A.S NARASIMHAN, 9A3,
B CANTI ROYAL CREST, JAWAHAR NAGAR, KOWDIAR,
THIRUVANANTHAPURAM, PIN - 695 003.
W.P.(C) No.33603 of 2025
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14 CHIKKALA SANYASI RAO
AGED 71 YEARS, S/O. LATE CHIKKALA RAMAMOHANA RAO,
32, WILLOW BROOK HOMES, PONMANKAL ENCLAVE,
THELLAKOM P.O, KOTTAYAM, PIN - 686 630.
15 M.C.V JOSE
AGED 66 YEARS, S/O. V.D CHANDY,
KANIAMPARAMBIL HOUSE, ST FRANCIS XAVIER CHURCH
ROAD, KALOOR, ERNAKULAM, PIN - 682 017.
BY ADVS.
SRI.M.S.AMAL DHARSAN
SHRI.NOEL JACOB
RESPONDENT/S:
1 UNION OF INDIA
REPRESENTED BY THE SECRETARY,
MINISTRY OF DEFENSE,
DEPARTMENT OF EX-SERVICE MEN WELFARE, 101-A,
SOUTH BLOCK, NEW DELHI, PIN - 110 011.
2 THE UNDER SECRETARY
MINISTRY OF DEFENSE, DEPARTMENT OF EX-SERVICEMEN
WELFARE, PENSION/GRIEVANCES, ROOM NO. 227-A,
B WING, SENA BHAWAN, NEW DELHI, PIN - 110 011.
3 THE PRINCIPAL CONTROLLER OF DEFENSE ACCOUNTS
(PENSION, DRAUPADI GHAT, PRAYAG RAJ,
ALLAHABAD, PIN - 211 014.
4 THE CONTROLLER GENERAL OF DEFENSE ACCOUNTS
ULAN BATAR ROAD, PALAM, DELHI CANTT,
PIN - 110 010.
5 THE CHIEF OF ARMY STAFF
ARMY HEAD QUARTERS, NEW DELHI, PIN - 110 011.
6 THE CHIEF OF NAVAL STAFF
NAVAL HEAD QUARTERS, NEW DELHI, PIN - 110 011.
W.P.(C) No.33603 of 2025
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7 THE CHIEF OF AIR STAFF
AIR HEAD QUARTERS, NEW DELHI,
PIN - 110 011.
BY ADV
SHRI.VIVEK A.V., CGC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 21.01.2026, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C) No.33603 of 2025
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JUDGMENT
(Dated this the 21st day of January, 2026)
K. NATARAJAN, J.
This writ petition is filed by the petitioners challenging
the order passed by the 4 th respondent, and it is submitted
that since the petitioners are required to file OA before the
Armed Forces Tribunal, Kochi Bench (hereinafter referred to
as 'AFT, Kochi'), but the Bench is not functioning. Therefore,
it is contended that there is no other alternative remedy
available to approach this Court under Article 226 of the
Constitution of India.
2. The learned Central Government Counsel
appeared through video conference and submits that
though the Armed Forces Tribunal, Kochi Bench is not
functioning due to vacancy of Judicial Member of the
Tribunal, now the additional charge has been given to the
Judicial Member of the Mumbai Bench and the Judicial
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Member is said to be appearing and hearing the
proceedings through online or Video Conference.
3. The submission of the learned Central
Government Counsel is placed on record.
4. However, the learned counsel for the petitioners
submits that the in-charge Bench is not adjudicating the
matters except adjourning or extending the interim orders.
But, the additional charge of AFT Kochi Bench has been
given to the Judicial Member of the Mumbai Bench. It is
nothing but a concurrent charges and the Bench of the AFT
Kochi may also take the matter of these petitioners if the
petitioners have filed O.A. before the AFT, Kochi Bench, and
the in-charge Judicial Member of the Mumbai Bench can
also take up the matter of the petitioners and adjudicate
the same.
5. In view of the same, the petitioners are permitted
to file the OA before the AFT, Kochi within two weeks from
the date of receipt of copy of this judgment and the in -
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charge Judicial Member and the Administrative Member of
the Kochi Bench shall make an endeavor to adjudicate the
matter.
6. The time spent by the petitioners in the writ
petition shall be exempted for any limitation under Section
14 of the Limitation Act, 1963.
Accordingly, the writ petition is disposed of by granting
liberty.
Sd/-
K. NATARAJAN, JUDGE
Sd/-
JOHNSON JOHN, JUDGE
S.M.K.
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APPENDIX OF WP(C) NO. 33603 OF 2025
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE LETTER DATED 21/05/2009
ISSUED BY THE 1ST RESPONDENT TO
RESPONDENTS NO. 5, 6 & 7
Exhibit P2 TRUE COPY OF THE LETTER DATED 04/09/2024
ISSUED BY THE 2ND RESPONDENT TO THE
RESPONDENTS NO. 5, 6 & 7 ALONG WITH THE
RELEVANT PAGE SHOWING PAY MATRIX
GOVERNING THE CASE OF THE PETITIONERS
Exhibit P3 TRUE COPY OF THE REPRESENTATION ISSUED BY
THE 1ST PETITIONER TO 1ST RESPONDENT
Exhibit P3(a) TRUE COPY OF THE REPRESENTATION ISSUED BY
THE 2ND PETITIONER TO 1ST RESPONDENT
Exhibit P3(b) TRUE COPY OF THE REPRESENTATION ISSUED BY
THE 2ND PETITIONER TO 1ST RESPONDENT
Exhibit P3(c) TRUE COPY OF THE REPRESENTATION ISSUED BY
THE 3RD PETITIONER TO 1ST RESPONDENT
Exhibit P3(d) TRUE COPY OF THE REPRESENTATION ISSUED BY
THE 4TH PETITIONER TO 1ST RESPONDENT
Exhibit P3(e) TRUE COPY OF THE REPRESENTATION ISSUED BY
THE 5TH PETITIONER TO 1ST RESPONDENT
Exhibit P3(f) TRUE COPY OF THE REPRESENTATION ISSUED BY
THE 6TH PETITIONER TO 1ST RESPONDENT
Exhibit P3(g) TRUE COPY OF THE REPRESENTATION ISSUED BY
THE 7TH PETITIONER TO 1ST RESPONDENT
Exhibit P3(h) TRUE COPY OF THE REPRESENTATION ISSUED BY
THE 8TH PETITIONER TO 1ST RESPONDENT
Exhibit P3(i) TRUE COPY OF THE REPRESENTATION ISSUED BY
THE 9TH PETITIONER TO 1ST RESPONDENT
Exhibit P3(j) TRUE COPY OF THE REPRESENTATION ISSUED BY
THE 10TH PETITIONER TO 1ST RESPONDENT
Exhibit P3(k) TRUE COPY OF THE REPRESENTATION ISSUED BY
THE 11TH PETITIONER TO 1ST RESPONDENT
Exhibit P3(l) TRUE COPY OF THE REPRESENTATION ISSUED BY
THE 12TH PETITIONER TO 1ST RESPONDENT
Exhibit P3(m) TRUE COPY OF THE REPRESENTATION ISSUED BY
THE 13TH PETITIONER TO 1ST RESPONDENT
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Exhibit P3(n) TRUE COPY OF THE REPRESENTATION ISSUED BY
THE 14TH PETITIONER TO 1ST RESPONDENT
Exhibit P4 TRUE COPY OF THE LETTER DATED 27/05/2025
ISSUED BY THE 2ND RESPONDENT TO THE 4TH
RESPONDENT WITH A COPY TO 3RD PETITIONER
Exhibit P5 TRUE COPY OF THE LETTER DATED 03/06/2025
ISSUED BY THE 4TH RESPONDENT TO THE 1ST
PETITIONER
Exhibit P6 TRUE COPY OF THE JUDGMENT DATED
02/12/2010 IN R.S. SEHGAL V. UOI & ANR.
(C.W.P NO. 12017/1990) PUBLISHED IN
INDIAN KANOON
