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IN THE HIGH COURT OF KERALA AT ERNAKULAM
K. Natarajan, Johnson John, JJ
Union Of India – Appellant
Versus
Shaik G Barhimam Sabu – Respondent
| Table of Content |
|---|
| 1. summary of facts and the underlying dispute regarding service pension rejection. (Para 1 , 2 , 3 , 4) |
| 2. analysis of whether deficiencies in qualifying service for pension can be condoned for voluntary discharge based on supreme court precedents. (Para 5 , 6 , 7 , 8 , 9 , 10 , 11) |
K.NATARAJAN, J.
This Writ Petition is filed challenging the order dated 31-05-2022 passed by the Armed Forces Tribunal, Regional Bench, Kochi (for short 'the AFT') in O.A No.393 of 2019, whereby the Original Application filed by the respondent for grant of service pension was allowed.
2. We have heard the learned Central Government Counsel appearing for the petitioners and the learned counsel appearing for the respondent.
3. The respondent was enrolled in the Indian Army as a Sepoy on 11-06-1986. He was discharged from service on 31-05-2000 on compassionate grounds and at his own request, after rendering of 13 years 11 months and 20 days of qualifying service. His claim for service pension was rejected on the ground that he had not completed the minimum qualifying service of 15 years and that the deficiency in service could not be condoned in the case of a person discharged at his own requ
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