Invalid pension eligibility extends to Armed Forces personnel invalided before the relaxation cut-off, upholding fairness under constitutional provisions.

1. This writ petition is filed under Art.226 of the Constitution of India by the applicant in O.A. No.162 of 2023 on the file of the Armed Forces Tribunal, Regional Bench, Kochi ('the Tribunal' for short), challenging the order dated 12/09/2023, whereby the claim of the petitioner for invalid pension was dismissed.

2. The facts in brief which led to the filing of this writ petition are as follows: The petitioner was enrolled in the Indian Air Force on 20/12/1994 and was invalided out of service on 23/10/2002 due to 'Schizophrenia' assessed at 50% for life. The Medical Board opined that the disability was neither attributable to nor aggravated by military service. The claim of the petitioner for disability pension was rejected by the adjudicating authority, concurring with the opinion of the Medical Board. The statutory appeals preferred by the petitioner were also ended in rejection. Being aggrieved, the petitioner then preferred O.A. No.130 of 2010 before the Tribunal, which was dismissed vide Annexure A3 order dated 17/01/2013. According to the petitioner, he was ineligible for invalid pension at the time of his invalidment due to the stipulation of 10 years minimum service period in Regulation 198 of the Pension Regulations for the Army, 1961, as existed at that time. But subsequently, the requirement of 10 years service period was relaxed vide Annexure A4, GOI (MOD) letter No.12(06) / 2019 / D (Pen / Pol) dated 16/07/2020 issued by the Government in view of the judgment of the Apex Court in Union of India v. P.A. Thomas (SLP (C)No.20339 of 2011). Hence, the petitioner filed the above O.A. contending that in view of the judgment of the Apex Court in D.S Nakara and others v. Union of India ( (1983) 1 SCC 305 ) the cut - off date for granting invalid pension fixed as 04/01/2019 in Annexure A4 is illegal and arbitrary. However, the Tribunal dismissed the O.A.

3. Heard Sri. Gyothish Chandran, the learned counsel for the petitioner and Sri. Suvin R. Menon, the learned Central Government Counsel for the respondents.

4. The learned counsel for the petitioner would submit that the Armed Forces Tribunal, Principal Bench, New Delhi, granted invalid pension to the members of the Armed Forces invalided out of service before 04/01/2019. In support of his said contention, the learned counsel produced the order dated 03/07/2023 in O.A. No.2148 of 2019, order dated 18/12/2024 in OA No.2371 of 2024 and the order dated 06/02/2025 in O.A. No. 476 of 2015 of the Principal Bench of the Armed Forces Tribunal, New Delhi. The learned counsel submitted that the order of the Principal Bench of the Tribunal still holds good and hence the respondents cannot take a different stand in the case of the petitioner.

5. On the other hand, the learned CGC would submit that the Tribunal has correctly analysed the facts and reached a right conclusion, and no interference is needed by this Court exercising extraordinary jurisdiction under Art.226 of the Constitution of India .

6. The petitioner enrolled in the Indian Air Force on 20/12/1994 and was invalided from service on 23/10/2002 due to 'Schizophrenia'. At the time of entering service, no disability was noted in his service records. According to the respondents, the petitioner is not entitled to invalid pension since a cut - off date of 04/01/2019 was fixed in Annexure A4 order while relaxing the requirements of 10 years service period for granting invalid pension. Therefore, the issue before us is whether the petitioner, who was a member of the Armed Forces invalided out of service before 04/01/2019, without 10 years of service, is entitled to get invalid pension?

7. Regulations 197 and 198 of Pe