IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR THURSDAY, THE 9TH JULY 2009 / 18TH ASHADHA 1931 WP(C).No. 6098 of 2006(A) ------------------------- PETITIONER(S): --------------- VASUDEVAN K., MANNAZHIKALAM HOUSE, PAZHAMPALACODE P.O., PALGHAT DISTRICT. BY ADV. SRI.SHAJI THOMAS RESPONDENT(S): --------------- 1. UNION OF INDIA, REPRESENTED BY ITS SECRETARY, MINISTRY OF DEFENCE, GOVERNMENT OF INDIA, NEW DELHI. 2. CHIEF OF AIR STAFF, AIR HEAD QUARTERS, VAYU BHAWAN, NEW DELHI-110011. 3. AIR OFFICER, COMMANDING, AIR FORCE RECORD OFFICE, SUBROTO PARK, NEW DELHI-110010. 4. CONTROLLER OF DEFENCE ACCOUNTS(PENSION) ALLAHABAD. ADV. SRI.N.NEELAKANTAN ELAYATH,CGSC THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE CIVIL SERVICE PARTICULARS OF THE PETITIONER ISSUED FROM THE DEFENCE DEPARTMENT. EXT.P2 TRUE COPY OF THE LETTER NO. RO/2801/7/00 P & W (SP) DATED 7.2.2002 ISSUED BY THE THIRD RESPONDENT. EXT.P3 TRUE COPY OF THE RELEVANT PAGE THAT APPEARED IN THE NEWS LETTER EXT.P4 TRUE COPY OF THE LETTER NO. RO/2801/275707/10/80/P & W (SP) DATED 19.9.2003 ISSUED BY THE THIRD RESPONDENT. EXT.P5 TRUE COPY OF THE LETTER DATED 4.11.2003 ISSUED BY THE FIRST RESPONDENT. EXT.P6 TRUE COPY OF THE REPRESENTATION DATED 15.12.2001 SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT. RESPONDENTS' EXHIBITS: NIL. TRUE COPY P.S. TO JUDGE. C.N. RAMACHANDRAN NAIR, J. -------------------------------------------- W.P.C. NO. 6098 OF 2006 -------------------------------------------- Dated this the 9th day of July, 2009 JUDGMENT Petitioner served Indian Air Force for 15 years and retired in 1980. According to the petitioner, immediately on completion of 15 years, he applied for release from service but he was promoted as Sergeant and was allowed to continue for 9 months and 23 days in the cadre of Sergeant. At the time of his release from service, petitioner was not entitled to pension based on his posting as Sergeant because he had not completed 10 months' service. Even though petitioner could have been granted exemption for 7 days as shortage of three months could be condoned by the higher authorities, the same was not done in his case because petitioner was not released from service, but he took voluntary retirement. In any case denial of pension in the post of Sergeant was not questioned by the petitioner for a long period and this WPC is filed in 2006. Inspite of service of notice, none of the respondents turned up or filed a counter affidavit or statement in this Court. Counsel for the petitioner submitted that later Government 2 dispensed with requirement of minimum service for pension in the cadre from which a person retired. If the later provision applies to persons retired prior to that period, then certainly petitioner would be given pension at least from the date of entitlement. In the circumstances, WPC is disposed of directing 2nd respondent, in co- ordination with fourth respondent, to consider petitioner's case for fixation of pension with reference to the rank from which he was released. A decision will be taken and communicated to the petitioner within a period of four months from the date of receipt of a copy of this judgment to be furnished by the petitioner. (C.N. RAMACHANDRAN NAIR) Judge kk 3