IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE B.P.RAY MONDAY, THE 13TH DECEMBER 2010 / 22ND AGRAHAYANA 1932 OP(AFT).No. 1124 of 2010(S) --------------------------- AGAINST ORDER IN TA.104/2009 of ARMED FORCES TRIBUNAL,REGIONAL BENCH,KOCHI .................... PETITIONER ------------------------------ K.P.PARAMESWARAN PILLAI, AGED 72 YEARS, S/O. K.PERUMAL, KAVUNKAL HOUSE, THAZHOM VILLAGE, PAYYANAMON.P.O., KONNI. BY ADV. SRI.P.HARIDAS SMT.S.SIKKY RESPONDENT(S): --------------- 1. UNION OF INDIA, REP. BY ITS SECRETARY, MINISTRY OF DEFENCE, DEFENCE PENSION GRIEVANCES CELL, 206, A WING, SENA BHAVAN, NEW DELHI-11. 2. THE SENIOR TRANSPORT OFFICER, PLANT VEHICLE POOL, BHILAI STEEL PLANT, BHILAI-1, MADHYAPRADESH. 3. THE OFFICER IN-CHARGE, RECORD OFFICE, C.M.P. CENTER AND SCHOOL, BANGALORE-560 025. (KARNATAKA STATE) 4. COLONEL COMMANDANT, SENA POLICE CORPS KENDAR AUR SCHOOL, CMP CENTRE AND SCHOOL, BANGALORE-560025. ADV. SRI.T.P.M.IBRAHIM KHAN,ASST.S.G OF INDI FOR R-1 THIS OP (ARMED FORCES TRIBUNAL - Art.227) HAVING COME UP FOR ADMISSION ON 13/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & BHABANI PRASAD RAY, JJ. ---------------------------------- OP(AFT) No.1124 of 2010 --------------------------------- Dated, this the 13th day of December, 2010 J U D G M E N T Ramachandran Nair, J. Heard learned counsel for the petitioner. Order under challenge is the one issued by the Armed Forces Tribunal in a Writ Petition transferred from this Court. Petitioner' claim for pension as a reservist was disallowed by the respondents, against which the Writ Petition was filed before this Court, which got transferred to the Tribunal. 2. The respondents have taken the defence that after 25 years, the records have been burned. Whatever be the merit of the claim of the petitioner, we do not think we can direct the Government to consider the claim of the petitioner for pension because his eligibility if at all was there in 1976 itself. For the first time he filed WP(C) only in 2009, i.e. after 32 years' after he became eligible. In view of the inordinate delay in filing application or approaching this Court seeking the relief, and in view of the OP(AFT) No.1124/2010 -2- contention of the respondents that records are destroyed, we feel the Tribunal has rightly declined relief to the petitioner. Therefore, the OP(AFT) fails and is accordingly dismissed. Sd/- (C.N.RAMACHANDRAN NAIR, JUDGE) Sd/- (BHABANI PRASAD RAY, JUDGE) jg //TRUE COPY// PA TO JUDGE.