OA 1602 of 2012. Case: Gopi Ram Vs Union of India. Armed Forces Tribunal
| Case Number | OA 1602 of 2012 |
| Counsel | For Appellant: N.R. Dahia, Advocate and For Respondents: Geeta Singhwal, Sr. PC. |
| Judges | Vinod Kumar Ahuja, J. (Member (J)) and Naresh Verma, Member (A) |
| Issue | Air Force Act, 1950 - Section 26; Armed Forces Tribunal Act 2007 - Section 14 |
| Judgement Date | April 07, 2014 |
| Court | Armed Forces Tribunal |
Order:
(Chandigarh Regional Bench At Chandimandir)
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By this application under Section 14 of the Armed Forces Tribunal Act, 2007 the petitioner has sought for quashing of order dated 25-02-1972 (Annexure A-5), whereby the petitioner was discharged from service w.e.f. 28-03-1972, order dated 29-0-7-2003 (Annexure A-11), vide which his claim for grant of service pension was declined and order dated 29-09-2010 (Annexure A-14), whereby his representation dated 22nd July 2010 was finally rejected by the Air Headquarters, New Delhi. He has also prayed for grant of service/reservist pension by treating him on duty till the age of superannuation i.e. 55 years as well as other retiral benefits with interest @ 12% per annum.
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The brief facts of the case are that the petitioner joined the Air Force on 27-12-1962 as a combatant Airman in the Technical Trade of Radar Operator, a Group-II post.. His term of engagement has been mentioned as 15 years in Sheet Roll (i.e. 9 years as Regular plus 06 years as Reserve). Though the period of his colour service was to expire on 27-12-1971, but he was allowed to continue in service beyond period of 9 years due to Indo-Pakistan War. However, he was discharged from service on 28-03-1972 after completion of 9 years and 93 days of service as per Rule 13 (ii) of Air Force Rules 1932 as he was no longer required to serve in the Reserve. When till 1977 after discharge from service, he was not granted any pension, he approached the authorities by filing one application to the Air Officer Commanding in February 1979 and another to the Chief of the Air Staff in November/December 1980, but the same failed to evoke any response. Subsequently, he made a detailed representation dated 27-6-2003 (Annexure A-9), in response to which it was replied by the Air Force Record Office vide letter dated 29th July 2003 (Annexure A-11) that as per Regulation 121 of Pension Regulations for the Air Force 1961 (Part-1) minimum qualifying service to earn pension is 15 years. Since the individual has rendered less than 15 years of service, he is not eligible for grant of service pension. Thereafter the petitioner served a legal notice dated 28-06-2004 (Annexure A-12) upon the Secretary Ministry of Defence, New Delhi and also sent a detailed petition under Section 26 of the Air Force Act, 1950 dated 22-07-2010 (Annexure A-13) to the Chief of the Air Staff, New Delhi, praying that the impugned order of his discharge from service w.e.f. 28-03-1972 be set aside and he be deemed to have discharged from service on 27-12-1977 on completion of 15 years' of term of engagement in regular service and full service pension along with other retiral benefits be released. This petition was also declined by the Air Headquarters vide its communication dated 22-08-2010 (Annexure A-14) on the ground that since the petitioner had served only for 09 years and 93 days of service as against the minimum service of 15 years...
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