IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 22ND SEPTEMBER 2008 / 31ST BHADRA 1930 OP.No. 8537 of 2000(N) ---------------------- PETITIONER: ---------------- MAJOR K. BALAKRISHNAN NAIR (RETD.), T.A. 40888, PLOT NO.84, INDU PRIYA, P.T.P. NAGAR, THIRUVANANTHAPURAM, KERALA – 695 038. BY ADV. SRI.P.V.RAMESH SHANKAR SRI.P.V.RAMESH SHANKAR SRI.G.UNNIKRISHNAN SRI.ASHIK K.MOHAMMED ALI RESPONDENTS: ------------------ 1. UNION OF INDIA, REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF INDIA, MINISTRY OF DEFENCE. 2. DIRECTOR, TERRITORIAL ARMY, TERRITORIAL ARMY DIRECTORATE (TA-4), GENERAL STAFF BRANCH, ARMY HEADQUARTERS, WEST BLOCK – III, R.K. PURAM, NEW DELHI – 110 022. 3. THE OFFICER COMMANDING, TERRITORIAL ARMY GROUP HEADQUARTERS, SOUTHERN COMMAND, PUNE – 411 001. BY ADV. SRI.P.HARIDAS, ADDL.CGSC SMT.S.AMBIKA DEVI, ADDL.CGSC SRI.GEORGE JOSEPH, ADDL.CGSC FOR R1 TO R3 THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 22/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP.No. 8537 of 2000 ORDERS ON C.M.P.NOS.55987/2000 AND 14217 OF 2000 IN O.P.NO.8537 OF 2000 DISMISSED 22.9.2008 SD/- S. SIRI JAGAN, JUDGE. EXT.P1: COPY OF COMMISSION NO.TA-621 DTD 10.3.1967 ISSUED TO THE PETITIONER, UNDER THE HAND OF THE PRESIDENT OF INDIA. EXT.P2: COPY OF COMMUNICATION DTD 18.4.1980 ISSUED BY R2 TO THE OFFICER COMMANDING. EXT.P3: COPY OF LETTER DTD 21.3.1983 ISSUED BY R3. EXT.P4: COPY OF LETTER DTD 2.2.1999 ADDRESSED TO THE HON'BLE MINISTER FOR DEFENCE, NEW DELHI. EXT.P5: COPY OF THE LETTER DTD 31.3.1999, ISSUED BY R1 TO THE PETITIONER. RESPONDENTS' EXHIBITS: EXT.R1(a): COPY OF LETTER DTD 18.2.1999 ISSUED BY R1. TRUE COPY PA TO JUDGE. S. SIRI JAGAN, J. ------------------------------------ O.P.No. 8537 OF 2000 ---------------------------------------- Dated this the 22nd of September, 2008 JUDGMENT The petitioner was a commissioned officer of the Territorial Army. He received commission on 26.5.1962. He was discharged from service by Ext.P2, dated 18.4.1980. The petitioner is not given any retirement benefits applicable to Ex-servicemen. According to the petitioner, by virtue of Ext.P3, all Territorial Army Medal and Decoration holders would be entitled on retirement to all the privileges and concessions available to Ex- servicemen. The petitioner therefore submits that by virtue of Ext.P3, he is eligible for the retirement benefits. He therefore, seeks the following reliefs: “i. Issue a Writ of Certiorari calling for the records leading to Exhibit-P5, and quash the same as being contrary to the decision of the Government of India communicated under Exhibit-P3; ii. Declare that petitioner is also entitled to all privileges and concessions including pension to which Ex- serviceman Officers of the Regular Army are entitled, are admissible on retirement to petitioner and all similarly placed officers of Territorial Army in terms of the decision of the Government of India communicated under O.P.No.8537/2000 2 Exhibit-P3; iii. Declare that petitioner is also entitled to all concessions granted to Ex-servicemen and their dependants from the State Amalgamated Fund, State Military Benevolent Fund and from the Chief Ministers Sainik Welfare Fund, etc; iv. Declare that petitioner is entitled to Defence Service Canteen Card and the Canteen facility; 2. A counter affidavit has been filed by the respondents disowning Ext.P3. According to them, there is no records available regarding issuance of any such letter as mentioned in Ext.P3. They also point out that in paragraph 2 of Ext.P3, it is specifically mentioned that the official letter on the subject is still awaited from Territorial Army Directorate, copies of which will be forwarded immediately on its receipt. They would assert that there is no rule or order conferring such rights to Territorial Army personnel. Therefore, the respondents would submit that the petitioner is not entitled to the reliefs prayed for. 3. I have considered the rival contentions in detail. In Ext.P3, it is stated thus: “1. A copy of the letter listing the privileges and concessions announced by the Govt for Territorial Army is enclosed as Appendix 'A'. Appendix 'B' is the letter listing the concession for ex-servicemen to be read in conjunction with letter shown as appendix 'A' above. O.P.No.8537/2000 3 2. However it is mentioned herewith that official letter on the subject is still awaited from TA Dte- copies of which will be forwarded immediately on its receipt. 3. Contents of the letter may please be brought to the notice of all concerned”. First paragraph of Appendix reads thus: “NEW DELHI, Jan 31- The Government of India has decided that all Territorial Army Medal and decoration holders would be entitled on retirement to all the privileges and concessions available to ex-servicemen”. Of course, if this is a final order, certainly, the petitioner could have laid a claim for retirement benefits based on the same, unless the respondents proved that the same had never been issued. But in paragraph 2 of Ext.P3 it is specifically mentioned that it is not an official letter. That being so, the petitioner cannot base his claim on that letter alone unless the same is followed up by an official letter. No official letter is produced before me. In the above circumstances, I am not satisfied that the petitioner can claim benefits merely based on Ext.P3. He has also not brought to my attention any other provisions by which he can claim the benefits prayed for. Therefore, I do not find any merit in this writ petition and accordingly, the same is dismissed. S. SIRI JAGAN, JUDGE Acd O.P.No.8537/2000 4