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IN THE HIGH COURT OF KERALA AT ERNAKULAM
K.NATARAJAN, JOHNSON JOHN
P. Suseela – Appellant
Versus
Union Of India Represented By Its Secretary Ministry Of Defence, South Block, New Delhi – Respondent
| Table of Content |
|---|
| 1. factual background involving the entitlement to family pension and the dispute over arrears restriction. (Para 1 , 2 , 3 , 4 , 5) |
| 2. pension is a constitutional/vested right that cannot be curtailed by arbitrary time limits on arrears. (Para 7 , 8) |
JUDGMENT :
K. NATARAJAN. J.
This writ petition is filed by the widow of an Air Force personnel challenging the order passed by the Armed Force Tribunal, Regional Bench, Kochi (herein referred to as ‘AFT, Kochi’) in O.A.No.243 of 2023 for restricting the arrears of pension to three years prior to the filing of the Original Application before the AFT.
2. We have heard the arguments of the learned counsel for the petitioner and learned Central Government counsel for the respondents.
3. The case of the petitioner is that her husband enrolled as a Corporal in the Indian Air Force on 31.05.1974 and was discharged from service on 31.05.1989. Subsequently, he was in receipt of service pension with effect from 01.06.1989. Later, he died on 13.11.1993. No children were born out of the said wedlock and the petitioner is the widow of the deceased Air Force pensioner. She was receiving the family pension with effect from 14.11.1993. Subs
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