IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 25TH MARCH 2008 / 5TH CHAITHRA 1930 OP.No. 8855 of 2001(D) -------------------------------- PETITIONER: ------------------- A. RADHAKRISHNAN, VAZHAVALAPPIL HOUSE, NEDUVATHUR.P.O., QUILANDY VIA, CALICUT. BY ADV. SRI.T.G.RAJENDRAN. RESPONDENTS: ----------------------- 1. INDIAN AIR FORCE BENEVOLENT ASSOCIATION, AIR HEADQUARTERS, WEST BLOCK 6, R.K. PURAM, NEW DELHI - 110 066. 2. UNION OF INDIA, REP; BY SECRETARY, MINISTRY OF DEFENCE, NEW DELHI. *ADDL. RESPONDENTS 3 & 4 IMPLEADED: 3. OFFICER COMMANDING UNIT, NO.1, AIR FORCE COLLEGE, AIR STATION, BEGUMPET, A.P. 4. COMMANDANT IN CHIEF, INDIAN AIRFORCE HEAD QUARTERS, NEW DELHI. *IMPLEADED AS PER ORDER DATED 16/03/2001 IN C.M.P. 14633/2001. BY ADV. SRI.N.NAGARESH, CGSC. THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 25/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON C.M.P. NO. 14155/2001 IN O.P. NO. 8855/2001-D DISMISSED 25/03/2008. SD/- T.R.RAMACHANDRAN NAIR, JUDGE. APPENDIX PETITIONER'S EXHIBITS : EXT.P.1: COPY OF THE DISCHARGE CERTIFICATE OF THE PETITIONER DTD. 09/04/1956. EXT.P.2: COPY OF THE LETTER SENT BY THE PETITIONER TO THE PRIME MINISTER DTD. 30/07/1986. EXT.P.3: COPY OF THE RECEIPT OF EXT.P.2 LETTER ISSUED BY PRIME MINISTER'S OFFICE DTD. 08/08/86. RESPONDENT'S EXHIBITS: NIL. //TRUE COPY// prv. T.R.RAMACHANDRAN NAIR, J. ======================= O.P.No.8855 of 2001-D. ======================= Dated this the 25th day of March, 2008. J U D G M E N T The petitioner is seeking for a direction to disburse pension and gratuity to him based on his service in the Indian Air Force. He was discharged from the Indian Air Force on 1.4.1956 on the ground “services no longer required”. On that day he had a total service of 12 years and 259 days from 25.8.1943 to 9.4.1956. Ext.P2 is the letter dated 30.7.1986 submitted to the Hon'ble Prime Minister seeking for appropriate action in the matter. Ext.P3 shows that the same was forwarded to the Ministry of Defence for appropriate action. 2. The respondents have filed a counter affidavit. It is pointed out that the claim is highly belated as he has approached this Court 45 years after his discharge. It is further pointed out O.P.No.8855 of 2001-D. -: 2 :- that the discharge of the petitioner is on the ground that he was unsuitable for retention in service and in such cases regulation 144 of Pension Regulations for the Air Force will not apply. It is also pointed that the said regulations have come into force only in the year 1961 after the date of discharge of the petitioner. It is therefore contended that the rules relating to grant of pension and gratuity will not apply to him. 3. I find force in the contentions raised by the respondents. Admittedly the petitioner was discharged on 9.4.1956. The representation Ext.P2 is only dated 30.7.1986. Therefore the claim is highly belated and there are real laches on the part of the petitioner which will dis-entitle him for grant of any discretionary relief in these proceedings. Apart from that, as pointed out in the counter affidavit, the relevant rules have come into force only in the year 1961 whereas he was discharged in the year 1956. Therefore, the Pension Regulation for the Air Force of the year 1961 will not apply in the case of the petitioner to make him eligible O.P.No.8855 of 2001-D. -: 3 :- for earning service gratuity etc. In the light of the above, the writ petition fails and the same is dismissed. T.R.RAMACHANDRAN NAIR, JUDGE. kvs/-