Karnataka High Court
Sri. Shymasundar S/O Hanumanth Rao ... vs The Director General on 17 February, 2025
Author: M.Nagaprasanna
Bench: M.Nagaprasanna
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NC: 2025:KHC-D:3143
WP No. 102622 of 2024
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 17TH DAY OF FEBRUARY, 2025
BEFORE
THE HON'BLE MR. JUSTICE M.NAGAPRASANNA
WRIT PETITION NO.102622 OF 2024 (S-RES)
BETWEEN:
SRI SHYMASUNDAR
S/O. HANUMANTH RAO EKBOTE,
AGE: 61 YEARS, OCC: RETIRED,
NO. 831311-N-EX-WO,
R/O: NO. 26, SUHARSHA,
SIDDARAMESHWARA COLONY,
RANICHANNAMMA NAGAR,
DHARWAD - 580 001
...PETITIONER
(BY SRI S. R. HEGDE AND S.S.HEGDE, ADVOCATES)
AND:
Digitally signed by
VISHAL NINGAPPA
PATTIHAL
Location: High
Court of Karnataka,
Dharwad Bench,
1. THE DIRECTOR GENERAL,
Dharwad
RESETTLEMENT DEPARTMENT OF
EX-SERVICEMEN,
MINISTRY OF DEFENSE,
NEW DELHI - 100 001.
2. THE ADDITIONAL DIRECTOR GENERAL,
ARMY POSTAL SERVICES,
ARMY HEAD QUARTERS,
R K PURAM,
NEW DELHI - 110 066.
3. THE JOINT DIRECTOR/
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NC: 2025:KHC-D:3143
WP No. 102622 of 2024
DEPUTY DIRECTOR OF SAINIK WELFARE
AND RESETTLEMENT,
D. C. COMPOUND,
DHARWAD - 580 001.
4. THE DIRECTOR SAINIK WELFARE
AND RESETTLEMENT,
FIELD MARSHAL,
KARIYAPPA ROAD,
BANGALORE - 560 001.
...RESPONDENTS
(BY SRI M.B.KANAVI, CGSC FOR R1 AND R2
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO, A
WRIT OF CERTIORARI MAY PLEASE BE ISSUED QUASHING THE
BACK REFERENCE NOTE ISSUED BY THE RESPONDENT NO.3,
BEARING ITS LETTER NO. SAIKADHA/APS/CSD/2023, DATED
16-09-2023, VIDE ANNEXURE-H. A WRIT OF MANDAMUS MAY
PLEASE BE ISSUED DIRECTING THE RESPONDENTS TO RENEW
THE CANTEEN SMART CARD OF THE PETITIONER AND ETC.,
THIS WRIT PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) The petitioner is before this Court calling in question a communication dated 16.09.2023, by which, the petitioner has been denied of canteen facility by grant of a card of him to be an ex-serviceman - a canteen smart card.
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2. The petitioner joins the services of the Army Postal Service on 20.12.1985. He is said to have been deputed to work in the defence. He is discharged from the defence service on 20.08.1988. After his discharge, the petitioner is said to have been granted all the benefits that depict him to be an ex-serviceman. Then comes an office memorandum on 21.07.2011 for grant of ex-serviceman status to Army Postal Service Personnel. The office memorandum reads as follows:
"1(9)/2010/D(Res-l) Government of India Ministry of Defence (Deptt. of Ex-Servicemen Welfare) New Delhi, the 20th /21st July, 2011 OFFICE MEMORANDUM Subject: Grant of Ex-servicemen status to Army Postal Service Personnel The undersigned is directed to refer to this Ministry's OM No. 523/1/2006/D (Res) dated 26.07.2006 on the above subject and to state that as per Order dated 26.03.2010 passed by Hon'ble AFT Chandigarh in connection with TA. No. 110 of 2009 (arising out of CWP No 15237/2009) filed by JC-105931 Ex-Sub Atma Singh & others Vs UOI & others. personnel who were on deputation in Army Postal Service for more than 6(Six) months prior to 14th April 1987 Would also be considered as Ex - servicemen with all consequential benefits.-4-
NC: 2025:KHC-D:3143 WP No. 102622 of 2024
2. This is in supersession of the O.M. of even number dated 14.07.2011 issued in this regard. The said O.M. dated 14.07.2011 may be treated as cancelled/withdrawn.
3. This has the approval of the competent authority.
(Supriyo Mukhyjee) Under Secretary to the Government of India To,
1. Director General Resettlement
2. Secretary, Kendriya Sainik Board
3. Addi. DG (Postal Services), Army HQrs, R.K.Puram, New Delhi,
4. Zonal Directors of Resettlement (though KSB)"
3. In terms of the aforequoted office memorandum, persons who are on deputation in Army Postal Service, for more than six months prior to 14th April 1987, would also be considered an ex-servicemen with all consequential benefits. The petitioner was deputed in Army Postal Service is a matter of record. He is posted for more than six months prior to 14.04.1987 is again a matter of record and he would be considered as ex- serviceman is the benefit that is granted to the petitioner by the respondent themselves, as a canteen smart card is also issued to the petitioner pursuant to the aforesaid office memorandum.
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4. The issue now is the canteen smart card that was in favour of the petitioner has not been reissued or renewed on the strength of a particular circular that has emerged in the year 2018.
5. The learned CGSC Sri M.B. Kanavi would submit that the only impediment for grant of canteen facility to the petitioner is the communication dated 23.03.2018. The said communication reads as follows :
"ENTITLEMENT OF CANTEEN FACILITY AND CANTEEN SMART CARD
1. Inspite of extant policy and numerous advisories on entitlement of canteen. facility, cases have been reported wherein unauthorized individuals are found in possession of canteen smart cards, leading to misuse of facility 2 Individuals authorized for canteen facility/ smart card are as given below,
(a) Entitled through Individual Canteen Smart Card.
(i) Armed Forces personnel (including Coast Guard) who are receipt of pay/pension (including disability pension) through defence services estimates (Authority, AO 02/2006/QMG)
(ii) Armed Forces personnel (including Coast Guard) who have put in minimum five years of physical service and honourably discharged/resigned from service (Authority: AO 02/2006/QMG).-6-
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(iii) All ranks of Assam Rifles and SFF, at par with Armed Forces personnel (Authority: 96029/ Q/ DDGCS/URCM dated 23 Aug 2016 and 96014/Q/DDGCS dated 18 Mar 2010).
(iv) All serving personnel of APS (Authority:
96029 /DDGCS/Entitlement dated 28 Apr 2014).
V) Ex- APS personnel who have served for minimum five years in APS (Authority 96029/ Q/ DDGCS/ Entitlement dated 28 Apr 2014).
(vi) All Serving OSC Personnel (Authority:
AO 02/2006/OMG)"
In terms of the said communication, any Army Postal Service Personnel, who have served for a minimum period of 5 years in Army Postal Service, would only become entitled to the issuance of a canteen smart card.
6. As observed hereinabove, this comes about in the year 2018. The petitioner was granted all the benefits of being an ex-serviceman pursuant to an office memorandum dated 21.07.2011. If the petitioner has been treated as an ex-serviceman, in terms of the office memorandum dated 21.07.2011, had all the benefits of being an ex-serviceman granted to the petitioner, it is -7- NC: 2025:KHC-D:3143 WP No. 102622 of 2024 understandable as to how it can be denied on a subsequent communication, which concerns only the issuance or re-issuance of canteen smart card. The petitioner, if treated as ex-serviceman throughout, he shall be treated as one and grant all benefits that would flow for an ex-serviceman. The communication of the year 2018 could not take away the status of the petitioner as ex-serviceman, which is depicted in terms of office memorandum dated 21.07.2011. On this short ground that the subsequent communication cannot take away the right of the petitioner, which stood granted on 21.07.2011, pursuant to an office memorandum, the petition deserves to succeed.
7. For the aforesaid reasons, the following:
ORDER
(i) The impugned communication dated 16.09.2023, issued by the respondent No.3, vide Annexure-H, stands quashed.-8-
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(ii) Mandamus issues to the respondents to renew/reissue the canteen smart card to the petitioner as long as his status of ex-serviceman remains.
Sd/-
(M.NAGAPRASANNA) JUDGE NAA/CT-ASC List No.: 1 Sl No.: 26