Kerala High Court
Ex No:2587173 A Lance Naik Ramakrishnan ... vs Union Of India on 8 January, 2025
2025:KER:2468
W.P.(C).Nos.23871, 36234, 37680 & 43307 of 2024
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR. NITIN JAMDAR
&
THE HONOURABLE MR. JUSTICE S.MANU
WEDNESDAY, THE 8TH DAY OF JANUARY 2025 / 18TH POUSHA, 1946
WP(C) NO. 23871 OF 2024
PETITIONER:
EX NO:2587173 A LANCE NAIK RAMAKRISHNAN KG
AGED 59 YEARS
S/O LATE. K GOVINDAN RS NIVAS, NEDUMGOLAM, PARAVOOR
KOLLAM DISTRICT, KERALA, PIN - 691334.
BY ADV RATHEESH B.
RESPONDENTS:
1 UNION OF INDIA
REPRESENTED BY ITS SECRETARY MINISTRY OF DEFENCE,
SOUTH BLOCK, NEW DELHI, PIN - 110011.
2 THE CHIEF OF ARMY STAFF
INTEGRATED HEAD QUARTERS (ARMY) SOUTH BLOCK,
NEW DELHI, PIN - 110011.
3 O IC DSC RECORDS
MILL ROAD, BURNACHERRY P.O KANNUR., PIN - 670013.
4 THE DIRECTOR (DSC)
HQ K & K SUB AREA (DSC) C/O 56 APO, PIN - 900493.
BY ADV C.DINESH
OTHER PRESENT:
AR.L.SUNDARESAN, ASG
M.R.HARIRAJ (SR.) (AMICUS CURIAE)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
08.01.2025, ALONG WITH WP(C).Nos.36234/2024, 37680/2024 AND
43307/2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2025:KER:2468
W.P.(C).Nos.23871, 36234, 37680 & 43307 of 2024
2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR. NITIN JAMDAR
&
THE HONOURABLE MR. JUSTICE S.MANU
WEDNESDAY, THE 8TH DAY OF JANUARY 2025 / 18TH POUSHA, 1946
WP(C) NO. 36234 OF 2024
PETITIONER:
EX NO. 2615202 H SEP (MACP NK) NAGARAJ DUGGEWADI
AGED 36 YEARS
S/O MARUTI DUGGEWADI, SAUKESWAR VILLAGE & PO,
HUKKERI TALUK, BELAGAVI DISTRICT,
KARNATAKA, PIN - 591313.
BY ADV RATHEESH B.
RESPONDENTS:
1 UNION OF INDIA
REPRESENTED BY ITS SECRETARY MINISTRY OF DEFENCE,
SOUTH BLOCK, NEW DELHI, PIN - 110011.
2 THE CHIEF OF THE ARMY STAFF,
INTEGRATED HEAD QUARTERS (ARMY) SOUTH BLOCK,
NEW DELHI, PIN - 110011.
3 OIC RECORDS
RECORDS THE MADRAS REGIMENT, C/O 56 APO,
PIN - 900458.
4 PRINCIPAL CONTROLLER OF DEFENCE ACCOUNTS (PENSIONS)
OFFICE OF THE PCDA (P) DRAUPATI GARH, ALLAHABAD,
PIN - 211014.
BY ADV S. BIJU- SCGC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
08.01.2025, ALONG WITH WP(C).Nos.23871/2024, 37680/2024 AND
43307/2024 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2025:KER:2468
W.P.(C).Nos.23871, 36234, 37680 & 43307 of 2024
3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR. NITIN JAMDAR
&
THE HONOURABLE MR. JUSTICE S.MANU
WEDNESDAY, THE 8TH DAY OF JANUARY 2025 / 18TH POUSHA, 1946
WP(C) NO. 37680 OF 2024
PETITIONER:
ESHAKKU KUNJU (EX. NK- 14365639-X)
AGED 59 YEARS
S/O ABUBAKER KUNJU (LATE), DSC RECORDS, KANNUR-
670013, 'SURMI MANSIL', PUNNAKULAM, K.S PURAM P.O,
KARUNAGAPPALLY, KOLLAM, PIN - 690544.
BY ADVS.
B.HARISH KUMAR
THANAZ SADHIC
RESPONDENTS:
1 UNION OF INDIA,
REPRESENTED BY THE SECRETARY TO GOVERNMENT (DEFENCE),
MINISTRY OF DEFENCE, NEW DELHI, PIN - 110011.
2 CHIEF RECORD OFFICER
DSC RECORDS, MILL ROAD, KANNUR, KERALA, PIN - 670013.
3 THE DIRECTOR GENERAL,
CONTROLLER OF DEFENCE ACCOUNTS, (PENSION), ALLAHABAD,
U.P, PIN - 210014.
BY ADV.
SRI.S.BIJU- SCGC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
08.01.2025, ALONG WITH W.P.(C).Nos.23871/2024, 36234/2024 &
43307 of 2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2025:KER:2468
W.P.(C).Nos.23871, 36234, 37680 & 43307 of 2024
4
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR. NITIN JAMDAR
&
THE HONOURABLE MR. JUSTICE S.MANU
WEDNESDAY, THE 8TH DAY OF JANUARY 2025 / 18TH POUSHA, 1946
WP(C) NO. 43307 OF 2024
PETITIONER/PETITIONER:
COL AK DIWAKAR (RETD)
AGED 74 YEARS
IC-33676H AGED 74YEARS S/O LATE. AANNAMALAIMUDLAIAR
APARTMENT #7041, TOWER 7 PRESTIGE SHANTINIKETAN ITPL
MAIN ROAD, MAHADEVPURA BANGALORE,
KARNATAKA, PIN - 560048.
BY ADVS.GYOTHISH CHANDRAN
SANUJU R.
RESPONDENTS/RESPONDENTS:
1 UNION OF INDIA
REPRESENTED BY ITS SECRETARY MINISTRY OF DEFENCE,
SOUTH BLOCK, NEW DELHI, PIN - 110011.
2 THE CHIEF OF ARMY STAFF
INTEGRATED HEAD QUARTERS (ARMY) SOUTH BLOCK,
NEW DELHI, PIN - 110011.
3 ADDL. DIRECTOR GENERAL OF MANPOWER (P&P) MP-5 (B)
ADJUTANT GENERALS' BRANCH IHQ OF MOD (ARMY),
WING NO.3 GROUND FLOOR WEST BLOCK-III,
SOUTH BLOCK RK PURAM NEW DELHI, PIN - 110066.
4 PRINCIPAL CONTROLLER OF DEFENSE ACCOUNTS (PENSIONS
OFFICE OF THE PCDA(P) DRAUPATIGHAT,
ALLAHABAD, PIN - 211014.
BY ADV T C KRISHNA - SCGC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
08.01.2025, ALONG WITH W.P.(C).Nos.23871/2024, 36234/2024 &
37680/2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2025:KER:2468
W.P.(C).Nos.23871, 36234, 37680 & 43307 of 2024
5
NITIN JAMDAR, C.J.
&
S.MANU, J.
-------------------------------------------------------------------------------
W.P.(C).Nos.23871, 36234, 37680 & 43307 of 2024
-------------------------------------------------------------------------------
Dated this the 08th day of January, 2025
JUDGMENT
S.MANU, J.
These Writ Petitions have been filed by Applicants in various cases which were allowed by the Armed Forces Tribunal, Regional Bench, Kochi, aggrieved by non-compliance of the directions by the Respondents. We will narrate the brief facts of each case first.
2. W.P.(C).No.23871 of 2024:-
Writ Petitioner is the Applicant in O.A.No.264/2022 of the Armed Forces Tribunal, Regional Bench, Kochi. He was a Lance Naik in Defence Security Corps (DSC). He served for 14 years 6 months and 8 days. Two punishments were imposed on him. Claiming that he was entitled to get extension of service for 2 years and also for promotion to the rank of Naik, he approached the AFT. The learned 2025:KER:2468 W.P.(C).Nos.23871, 36234, 37680 & 43307 of 2024 6 Tribunal disposed the O.A. by order dated 9 December 2022 directing the 4th Respondent to consider and dispose of Annexure-A3 statutory complaint, if the same was not disposed of already, at the earliest. Outer time limit of 2 months was fixed for complying with the order. Aggrieved by the non-compliance of the order the Petitioner filed a Miscellaneous Application as M.A.No.531/2023 before the Tribunal in the disposed O.A. Thereafter this Writ Petition was filed for a direction to the 4th Respondent to comply with the order of the AFT in O.A.No.264/2022.
3. W.P.(C)No.36234 of 2024:-
Applicant in O.A.No.33/2023 of the AFT, Regional Bench, Kochi has filed this writ petition aggrieved by non-compliance of the directions issued by the learned Tribunal by order dated 20 March 2023. Petitioner was enrolled in Army on 20 June 2007 and was discharged from service on 28 February 2022 on his request. There was deficiency of 5 months and 2 days to earn service pension. He approached the AFT, claiming that the deficiency was liable to be condoned. O.A. was allowed and Respondents 3 and 4 were directed to grant service pension to the Petitioner from the date of discharge. Arrears were directed to be disbursed at the earliest, at any rate, within
4 months from the date of receipt of a copy of the order. It was further 2025:KER:2468 W.P.(C).Nos.23871, 36234, 37680 & 43307 of 2024 7 directed that in case of failure to make payment within the time limit the unpaid amount will carry interest at the rate of 9% per annum. M.A.No.715/2023 was filed by the Petitioner in the disposed O.A. praying for direction to the Respondents to comply with the order in the O.A. Though an order was passed on 27 October 2023 by the learned Tribunal granting 5 months' time for implementing the order, the Respondents failed to comply with the direction even within the extended time limit. Hence, this writ petition has been filed.
4. W.P.(C)No.37680 of 2024:-
Grievance of the Petitioner, who was the Applicant in O.A.No.144/2021 of the AFT, Regional Bench, Kochi is that the Respondents have failed to comply with the directions issued by the learned Tribunal by order dated 22 March 2022. Petitioner, after discharge from the Army joined Defence Security Corps and completed 14 years, 2 months and 10 days of service in the DSC. Claiming second service pension after condoning the short-fall in service he approached the learned Tribunal. O.A. was allowed and the short-fall of qualifying service was condoned. Respondents were directed to grant second service pension to the Petitioner for the service rendered by him in DSC from the date of discharge. Arrears were directed to be disbursed within 4 months with 6% interest per annum.
2025:KER:2468 W.P.(C).Nos.23871, 36234, 37680 & 43307 of 2024 8 In case of default the rate of interest was fixed at 9% per annum till actual payment. When the directions in the order were not complied, Petitioner filed M.A.No.460/2023 in the disposed O.A. On 21 July 2023, the Tribunal granted 3 more months' time for implementation. The case was again posted on 1 March 2024 before the Tribunal and the Respondents again sought time for implementation. Yet the directions were not complied with and hence the Petitioner invoked the writ jurisdiction of this Court.
5. W.P.(C)No.43307 of 2024:-
Applicant in O.A.No.141/2021 of the AFT, Regional Bench, Kochi has filed this writ petition. The Petitioner is an Ex Colonel of Corps of Signals. He was discharged from service at his own request on medical grounds on 1 August 2000. He had served 27½ years in the Corps of Signals. Service pension and allied retirement benefit in the rank of Colonel were sanctioned. However, his claim for disability element of pension was rejected. He therefore approached the AFT. The learned Tribunal allowed the O.A. and declared that the Petitioner was entitled to get disability pension at 20% which would stand rounded off at 50% for 3 years. Respondents were directed to issue corrigendum PPO granting disability pension to the Petitioner at 50% for 3 years from the date of discharge. For payment of arrears, time 2025:KER:2468 W.P.(C).Nos.23871, 36234, 37680 & 43307 of 2024 9 limit of 4 months from the date of receipt of a copy of the order was fixed. It was further declared that in case of failure to make payment of arrears as directed, the amount will carry interest at the rate of 9% per annum. Respondents did not implement the order within the time frame fixed by the AFT. A review application was filed and the same was also dismissed. It was dismissed on 6 January 2023. Even after dismissal of the review the original order was not complied with. M.A.No.795/2022 was filed for implementation. By order dated 22 June 2023, the Tribunal granted 3 more months to implement the original order. Later, on 23 November 2023, the Tribunal imposed a cost of ₹10,000/-. When the matter was considered again on 28 August 2024 it was submitted by the Standing Counsel for the Respondents before the Tribunal that a writ petition had been filed challenging the order in the O.A. Hence, the learned Tribunal adjourned the M.A. Thereafter, the Petitioner approached this Court in the instant writ petition.
6. A Division Bench of this Court, taking note of the submission that large number of Miscellaneous Applications seeking execution of the orders passed by the learned Tribunal are pending before the Tribunal, had appointed an Amicus Curiae to assist the Court in resolving the issue. We heard the respective learned counsel appearing 2025:KER:2468 W.P.(C).Nos.23871, 36234, 37680 & 43307 of 2024 10 for the Petitioners, learned Senior Central Government Counsel appearing for the Respondents and the learned Amicus Curiae on 22 October 2024 and passed an order seeking details of all applications pending before the AFT, Regional Bench, Kochi for enforcement of the orders passed by the Tribunal in various Original Applications. Accordingly, such details were furnished by the Registrar of the AFT, Regional Bench. In total, 312 applications for execution were pending as on 13 November 2024. On 27 November 2024, when these cases were taken up, Mr.AR.L.Sundaresan, the learned Additional Solicitor General of India appeared for the Respondents. We then mentioned that it was an unfortunate situation as several orders passed by the Armed Forces Tribunal have not been complied with by the respondents. We pointed out that the Authorities concerned should make an endeavour to resolve the issue. The learned ASGI submitted that he would discuss the matter with the Authorities concerned and make efforts. On 11 December 2024, these cases were heard again and then the learned ASGI submitted that the subject was under active consideration of the Authorities and the progress would be placed on record before the next hearing of these cases.
7. An affidavit was filed thereafter in W.P.(C)No.23871/2024 on behalf of the Respondents. The Respondents have stated that earnest 2025:KER:2468 W.P.(C).Nos.23871, 36234, 37680 & 43307 of 2024 11 efforts have been undertaken at the Army Head Quarters to synchronize the process to streamline necessary actions to deal with orders issued by various benches of the Armed Forces Tribunal. Various steps taken by the Ministry of Defence are explained in the affidavit. It is also stated that a committee constituted by the Ministry to review the status of implementation of orders on pay/pension matters had met on seven occasions pursuant to which the Standard Operating Procedure has been revised. Details of total number of cases under consideration, either for implementing the orders or to contest are mentioned in the affidavit. Specifically with regard to the AFT, Regional Bench, Kochi it is stated in the affidavit that 250 cases pertaining to the Army are pending implementation. It is further stated that the matters are being expeditiously examined and necessary steps of either challenging or implementing the orders would be undertaken.
8. After hearing both sides as also the learned Amicus Curiae we are of the view that the Authorities have to examine every adverse order passed by the Tribunal alertly at the earliest and shall decide whether the order needs to be challenged or not. In all cases in which the Authorities have taken decision not to challenge the orders, steps for complying with the orders within the time frame fixed by the Tribunal shall be ensured. It is also to be noted that in most of the cases the 2025:KER:2468 W.P.(C).Nos.23871, 36234, 37680 & 43307 of 2024 12 learned Tribunal has fixed a condition that the arrears would carry interest, if payments are not made within the time frame stipulated by the Tribunal. Therefore, delay in implementing the orders would lead to denial of justice to the Applicant and also needless loss to the public exchequer. Such a situation is not desirable.
9. During the course of hearing, we suggested the learned ASGI to propose a time frame within which the matters pending before the AFT, Regional Bench, Kochi for execution can be resolved. The learned ASGI in conversation with the officer present, stated that endeavour will be made to examine each case and to decide either to challenge the orders or to implement the same within an outer time limit of three months. We note that the Respondents have contested all matters before the Tribunal and are therefore well aware of the facts and circumstances of each case. Records pertaining to the individual cases also might have been traced out. Therefore, it would not be difficult for the Respondents to take necessary action in all matters within a reasonable time frame. It needs to be kept in mind that if legitimate claims upheld by the Tribunal are not honoured, that would result in injustice to the Applicants and frustrate the object of constituting the Tribunal.
2025:KER:2468 W.P.(C).Nos.23871, 36234, 37680 & 43307 of 2024 13
10. In view of the above, we dispose of these Writ Petitions with the following general directions:-
I. The Respondents in all 312 Miscellaneous Applications mentioned in the report of the Registrar, Armed Forces Tribunal, Regional Bench, Kochi submitted with covering letter dated 18 November 2023 shall take necessary steps to implement the final orders in the respective Original Applications if no decision and steps are taken to challenge the orders.
2. The Respondents shall ensure action as aforesaid in one-third of the total matters pending for execution within a period of one month from the date of receipt of copy of this order.
3. Appropriate action as directed above in remaining matters shall be ensured at the earliest at any rate within a further period of two months.
2025:KER:2468 W.P.(C).Nos.23871, 36234, 37680 & 43307 of 2024 14
4. While complying with the above directions, the matters shall be prioritized in chronological order, with reference to the dates of passing of final orders in corresponding Original Applications by the learned Tribunal.
11. The Writ Petitions are disposed of as above. The matters shall however be listed on 10 April 2025 for reporting compliance.
Sd/-
NITIN JAMDAR CHIEF JUSTICE Sd/-
S.MANU JUDGE skj 2025:KER:2468 W.P.(C).Nos.23871, 36234, 37680 & 43307 of 2024 15 APPENDIX OF WP(C) 23871/2024 PETITIONER'S EXHIBITS Exhibit P1 TRUE COPY OF ORDER DATED 09.12.2022 IN OA NO. 264 OF 2022 OF THE ARMED FORCE TRIBUNAL REGIONAL BENCH KOCHI.
Exhibit P2 TRUE COPY OF THE APPLICATION MA NO.531 OF 2023 IN OA NO.264 OF 2022 ON THE FILES OF ARMED FORCE TRIBUNAL REGIONAL BENCH, KOCHI DATED 14-08-2023.
RESPONDENTS' EXHIBITS Exhibit R1(a) True copy of the common order issued by the Principal Bench of the Armed Forces Tribunal, New Delhi in CA 4/2014 [filed in OA No. 4/2014 before Regional Bench, Kolkata], CA 7/2014 [filed in OA No. 29/2014 before Regional Bench, Kolkata], CA 01/2023 in OA 408/2017 before Regional Bench, Chandigarh, CA 02/2023 in OA 408/2017 before Regional Bench, Chandigarh and CA 04/2022 in OA 431/2024 before AFT, PB, Delhi, dated 31.07.2024 Exhibit R1(b) True copy of the notification dated 09.08.2024 issued by the Armed Forces Tribunal, New Delhi Exhibit R1(c) True copy of the Judgment issued by the High Court of Judicature at Bombay in Contempt Petition no. 255 of 2024 dated 02/08/2024 2025:KER:2468 W.P.(C).Nos.23871, 36234, 37680 & 43307 of 2024 16 APPENDIX OF WP(C) 36234/2024 PETITIONER'S EXHIBITS Exhibit P1 TRUE COPY OF ORDER DATED 20.03.2023 IN OA NO.
33 OF 2023 ON THE FILES OF AFT REGIONAL BENCH KOCHI.
Exhibit P2 TRUE COPY OF THE MA NO. 715 OF 2023 IN OA NO.
33 OF 2023 ON THE FILES OF AFT REGIONAL BENCH KOCHI.
Exhibit P3 TRUE COPY OF ORDER DATED 27.10.2023 IN MA NO.
715 OF 2023 IN OA NO. 33 OF 2023 ON THE FILESOF AFT REGIONAL BENCH KOCHI.
2025:KER:2468 W.P.(C).Nos.23871, 36234, 37680 & 43307 of 2024 17 APPENDIX OF WP(C) 37680/2024 PETITIONER'S EXHIBITS Exhibit P1 A TRUE COPY OF THE ORDER DATED 22/03/2022, PASSED BY THE ARMED FORCES TRIBUNAL, REGIONAL BENCH, KOCHI IN O.A NO.144 OF 2021.
Exhibit P2 A TRUE COPY OF THE EXECUTION PETITION M.A NO. 460 OF 2023 DATED 14/07/2023 FILED BY THE PETITIONER.
Exhibit P3 A TRUE COPY OF THE ORDER DATED 21/07/2023 PASSED BY THE ARMED FORCES TRIBUNAL, REGIONAL BENCH, KOCHI IN M.A NO.460 OF 2023 IN O.A NO. 144 OF 2021.
2025:KER:2468 W.P.(C).Nos.23871, 36234, 37680 & 43307 of 2024 18 APPENDIX OF WP(C) 43307/2024 PETITIONER'S EXHIBITS Exhibit P-1 EXHIBIT P1: TRUE COPY OF ORDER DATED 13.04.2022IN OA NO. 141 OF 2021OF AFT RB, KOCHI Exhibit P-2 EXHIBIT P2: TRUE COPY OF HON'BLE SUPREME COURT OF INDIA DATED 28.11.2019 IN CIVIL APPEAL NO. 5970 OF 2019 Exhibit P-3 EXHIBIT P3: TRUE COPY OF EXECUTION APPLICATION VIDE MA NO. 795 OF 2022 IN OA NO. 141 OF 2021 Exhibit P-4 TRUE COPY OF THE ORDER DATED 22.06.2023 IN EXHIBIT P-3 MA Exhibit P-5 TRUE COPY OF THE ORDER DATED 23.11.2023 IN EXHIBIT P-3 MA Exhibit P-6 A TRUE COPY OF ORDER DATED 28.08.2024 IN THE EXHIBIT P-3 MA