Dismissed

Craftsman Rajagopal G (Ex NO.7119205) v. Union of India

Kerala HC3 Nov 2023WP(C)/31313/2023

Case brief

AI extract

What is this about?

The Kerala High Court dismissed the writ petition regarding Disability Pension denial but granted liberty to the petitioner to file an independent claim for Invalid Pension. This new claim is based on a 2020 Government decision applicable to those invalidated before 2019.

What did the court decide?

The writ petition is dismissed, but the petitioner is granted liberty to claim Invalid Pension in accordance with the law.

Craftsman Rajagopal G (Ex NO.7119205) Vs… — Pension and Retirement Benefits | Kerala HC (2023)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

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THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN

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TUESDAY, THE 14^TH DAY OF NOVEMBER 2023 / 23RD KARTHIKA,

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1945

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WP(C) NO. 31313 OF 2023

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PETITIONER/S:

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CRAFTSMAN RAJAGOPAL G (EX NO.7119205) AGED 68 YEARS S/O LATE. GANGADHARAN PILLAI REGENCY, PUNNAMUDU, VARKALA P.O THIRUVANANTHAPURAM (DIST.), KERALA, PIN - 695141

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BY ADVS. RATHEESH B. GYOTHISH CHANDRAN SETHUMADHAVAN D. SREENATH S.

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RESPONDENT/S:

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1 UNION OF INDIA REPRESENTED BY ITS SECRETARY MINISTRY OF DEFENCE, SOUTH BLOCK, NEW DELHI, PIN - 110011

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2 THE CHIEF OF THE ARMY STAFF INTEGRATED HEAD QUARTERS (ARMY) SOUTH BLOCK, NEW DELHI, PIN - 110011

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3 PRINCIPAL CONTROLLER OF DEFENCE ACCOUNTS (PENSIONS) OFFICE OF THE PCDA(P) DRAUPATI GARH, ALLAHABAD, PIN - 211014

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WP(C) NO. 31313 OF 2023

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4 OIC RECORDS EME RECORDS, PIN-900 453, C/O 56 APO, PIN - 900453

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5 DEPARTMENT OF EX SERVICEMEN WELFARE REPRESENTED BY ITS SECRETARY SOUTH BLOCK, NEW DELHI, PIN - 110011

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6 KENDRIYA SAINIK BOARD REPRESNTED BY ITS SECRETARY WEST BLOCK-IV, WING -VII, RK PURAM, NEW DELHI, PIN - 110066

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7 DIRECTOR GENERAL OF ARMED FORCES MEDICAL SERVICES OFFICE OF THE DGAFMS ROOM NO. 42, M BLOCK, NEW DELHI, PIN - 110001

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8 DIRECTOR GENERAL OF MEDICAL SERVICES (ARMY) OFFICE OF THE DGMS(ARMY) ROOM NO.34, 'L' BLOCK AG'S BRANCH, INTEGRATED HQ OF MOD (ARMY) NEW DELHI, PIN - 110001

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9 THE DIRECTOR IN CHARGE DEPARTMENT OF SAINIK WELFARE VIKAS BHAVAN PO, THIRUVANANTHAPURAM, PIN - 695033

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10 ZILLA SAINIK WELFARE OFFICER OLD COLLECTORATE ROAD, NEAR IG REGISTRATION OFFICE VANCHIYOOR, THIRUVANANTHAPURAM, PIN - 695035

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BY ADV K.S.PRENJITH KUMAR

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14.11.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 31313 OF 2023

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JUDGMENT

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A. MUHAMED MUSTAQUE, J.

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The petitioner is the applicant before the Armed

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Forces Tribunal Regional Bench, Kochi. The petitioner enrolled the Indian Army on 28.03.1972 and was invalidated out from service on 31.08.1977. He approached the Tribunal aggrieved by non grant of Disability Pension. The Tribunal considered the matter at length and found that there was inordinate delay in approaching the Tribunal and therefore, dismissed the original application.

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It appears that records also are not available so as to affirm the claim made by the petitioner. However, it is seen that the respondents have taken the stand that invalidation was not aggravated by military service.

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At this stage, learned counsel for the

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WP(C) NO. 31313 OF 2023

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petitioner, placing reliance on Ext.P4 decision

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of the Government of India dated 16.07.2020, submits that the petitioner's claim may be considered for Invalid Pension. According to the learned counsel, those who have less than ten years of qualifying service are entitled for Invalid Pension as per Ext.P4 decision of the Government. However, learned counsel points out that the Government of India restricted such claim to personnel, who were invalidated out from service before 04.01.2019. According to the learned counsel for the petitioner, the restriction is arbitrary and discriminatory and therefore, it has to be struck down.

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We note that the claim now made by the petitioner is independent cause of action and not related to original cause of action. The original application was filed before the Tribunal as early as in 2018 and Ext.P4 decision of the Government of India was in 2020. In that sense, the petitioner is having liberty to challenge the

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WP(C) NO. 31313 OF 2023

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restrictive clause in Ext.P4 decision of the Government and make independent claim

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notwithstanding dismissal of the previous claim for Disability Pension. We are not interfering with the impugned order. However, we give liberty to the petitioner to make claim for Invalid Pension in accordance with law.

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With liberty as above, the writ petition stands dismissed.

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Sd/-

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A. MUHAMED MUSTAQUE

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JUDGE

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Sd/-

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SHOBA ANNAMMA EAPEN

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JUDGE

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bka/-

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WP(C) NO. 31313 OF 2023

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APPENDIX OF WP(C) 31313/2023

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PETITIONER ANNEXURES

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Annexure	A-1 TRUE COPY OF IMB PROCEEDINGS
Annexure	A-3 TRUE COPY OF LETTER FROM EME RECORDS NO.7119205/DP-2/PEN DATED 20.09.2017 INTIMATING THE ORDER OF REJECTION
Annexure	A-2 TRUE COPY OF DISCHARGE CERTIFICATE
Annexure	A-4 TRUE COPY OF THE APPLICATION UNDER RTI ACT DATED 20.01.2018
Annexure	A-5 TRUE COPY OF THE APPEAL UNDER RTI TO THE APPELLATE AUTHORITY ARMY DATED 13.03.2018
Annexure	A- 6 TRUE COPY OF THE REPLY ALONG WITH ENCLOSURE BY THE CPIO NO.AN/RTI/4557/RG/2017 DATED 13.03.2018
Annexure	A-7 TRUE COPY OF THE ORDER DATED 12.09.2017 IN OA NO.74/2017
Annexure	A-8 MA FOR CONDONATION OF DELAY IN FILING OA
Annexure	R-1 TRUE COPY OF AFMSF-16 DATED 23.07.1977
Annexure	R-2 TRUE COPY OF THE REJECTION LETTER DATED 29.11.1977
Annexure	R-3 TRUE COPY OF EME RECORDS LETTER WITH REGARDS COMMUNICATION OF REJECTION DATED 28.12.1977
Annexure	R-4 TRUE COPY OF EME RECORDS LETTER NO.7119205/DP-2/PEN DATED 20.09.2017

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WP(C) NO. 31313 OF 2023

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Annexure R-5	TRUE COPY OF RELEVANT PAGES OF THE RULE 8 OF ENTITLEMENT RULES TO THE CASUALTY PENSIONARY AWARDS,1982
Exhibit P-1	TRUE COPY OF O.A. 276 OF 2018 ALONG WITH ALONG WITH MA NO. 467 OF 2018 AND ANNEXURES
Exhibit P-2	TRUE COPY OF THE REPLY STATEMENT ALONG WITH ANNEXURE R-1 TO R-5
Exhibit P-3	TRUE COPY OF ORDER DATED 02.11.2022 IN OA NO.276 OF 2018 PASSED BY THE ARMED FORCES TRIBUNAL, REGIONAL BENCH KOCHI
Exhibit P-4	TRUE COPY OF GOI (MOD) LETTER NO.12 (06)/2019/D(PEN/POL) DATED 16.07.2020
Exhibit P-5	TRUE COPY OF ORDER DATED 09.01.2023 IN OA NO. 2344 OF 2019 BY THE ARMED FORCES TRIBUNAL REGIONAL BENCH, CHANDIGARH
Exhibit P-6	TRUE COPY OF ORDER DATED 04.01.2023 IN OA NO. 79 OF 2022 BY THE ARMED FORCES TRIBUNAL REGIONAL BENCH, CHANDIGARH

Craftsman Rajagopal G (Ex NO.7119205) v. Union of India

Case brief

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Craftsman Rajagopal G (Ex NO.7119205) v. Union of India

Case brief

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