IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY FOURTH DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 9190 of 2008 Between: A. Venkateshwara Rao S/o A. Laxman Rao Indian Air Force, R/o H. No. 15-4-67, Gowliguda, Hyderabad, ... PETITIONER AND The Chief of the Air Staff, Air Head Quarters, New Delhi. .....RESPONDENT Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a Writ, order or direction in the nature of Writ of Mandamus by declaring the proceedings of Air Head Quarters dt 18th March, 2008 bearing No. Air HQ/41003/253989/Cpl/PA-III in holding that the petitioner is not eligible for pension as arbitrary and illegal and violative of Article 14, 16 and 21 and contrary to the conditions of enrolment and consequently direct the respondent to grant the petitioner the regular/reservist pension from the date of its completion of 15 years of service with interest and pass such other order or orders as this Hon'ble Court may deem fit proper and necessary in the circumstances of the case. Counsel for the Petitioner:MR.M.V.PRAVEEN KUMAR Counsel for the Respondent No.: MR.A.RAJASHEKAR REDDY (ASST SOLICITOR GEN) The Court made the following : THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY WRIT PETITION No. 9190 OF 2008 O R D E R: The petitioner joined the Indian Air Force in the year 1963, as a Training Clerk. He completed 9 years of regular service on 24.2.1972. In the normal course, he was to retire, on completion of 9 years of service, unless it was extended by 6 more years. On account of the Emergency, he was continued in service, up to 23.8.1973. Thereafter, he was retired from service and necessary retirement benefits were extended. Petitioner submitted a representation, dated 14.2.2008, to the Chief of Air Staff, claiming pension. The same is rejected, vide proceedings dated 18.3.2008, stating that the claim cannot be accepted after 35 years, from the date of retirement, and that the petitioner did not have to his credit, the requisite service. The same is challenged in this writ petition. Heard the learned counsel for the petitioner and learned Additional Standing Counsel for the respondents. It is surprising that the petitioner made his claim, 35 years after he retired from service. According to the practice prevailing in the Air Force, records of an individual would not be retained after 25 years. Therefore, even if the claim were to have been otherwise tenable, the records were not available for verification. Apart from the delay involved in the matter, it is to be observed that according to the Pension Regulations for the Air Force, framed in the year 1961, one must have minimum 15 years of service to become eligible, to be paid the service pension. Admittedly, the petitioner did not have that much of service, to his credit. Therefore, even on merits, the claim of the petitioner cannot be entertained. For the foregoing reasons, the writ petition is dismissed. There shall be no order as to costs. ___________________ 24th April 2008 PAN