IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 12.02.2025 CORAM THE HON'BLE MR. JUSTICE S. M. SUBRAMANIAM AND THE HON'BLE MR. JUSTICE K. RAJASEKAR Writ Petition No.30605 of 2024 Mr.Sarada Krishnan Sudhir ... Petitioner Vs.

1. Union of India, Rep by the Secretary, Government of India, Ministry of Defence (Air force), 5 A South Block, New Delhi – 110 011.

2. The Chief of Air Staff, Air Head Quarters (Vayu Bhavan), Rafi Marg, New Delhi – 110 006.

3. The Principal Controller, Defence Accounts(Pensions), G3 – Section, Draupadi Ghat, Allahabad – 211 014. 4. Controller General, Defence Accounts (AF), Ulan Batar Road, Palam, Delhi Cant, New Delhi – 110 010.

5. The Director, Air HQs, Directorate of Air Veterans, Subroto Park, New Delhi – 110 001. . ... Respondents Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, to call for the records of order of the Armed Forces Tribunal at Chennai in O.A.No.74 of 2019 dated 16.06.2022 and quash the portion of order “However, the arrears of pension is restricted for a period of Three years prior to the date of filing Original Application (OA filed on 18.03.2019)” and consequently, issue direction to the respondents to pay service pension to the petitioner with effect from the date of discharge of the petitioner i.e., 28.03.1999.

For Petitioner : Mr.K.Mohamed Hussen For R1 to R5 : Mr.C.Kulanthaivel, Special Panel Counsel

ORDER

(Order of the Court was made by S.M.SUBRAMANIAM,J.)

Under assail is the order passed by the Armed Forces Tribunal, Regional Bench, Chennai in O.A.No.74 of 2019.

2. The applicant before the Tribunal is the writ petitioner before this Court. The petitioner was enrolled in the Indian Air Force on 16.01.1985 and admittedly discharged from service on 20.03.1999. Thus, the petitioner rendered 13 years and 360 days of regular qualifying service (excluding 70 days due to AWL).

3. As per Regulation 121 of the Pension Regulations for The Air Force, 1961 (Part-1) the minimum qualifying regular service required to earn service pension is 15 years. As per the Government of India, Ministry of Defence letter dated 14.08.2001, condonation of short fall in qualifying service for the grant of pension in respect of Airmen, beyond 6 months and up to 12 months may be condoned by the competent authority. Since the deficit service crossed more than one year, the said deficiency for qualifying regular service was not condoned, which resulted in the filing of Original Application before the Armed Forces Tribunal.

4. The Armed Forces Tribunal elaborately considered the issues and condoned the delay and allowed service pension to the writ petitioner. The order of the Armed Forces Tribunal directed the respondents to issue PPO to the petitioner granting service pension with effect from 30.03.1999. The arrears shall be paid within four (4) months from the date of receipt of a copy of the order, failing which the arrears will carry interest at 8% per annum till payment. However, the arrears of pension is restricted for a period of three years prior to the date of filing of the Original Application in accordance with the principles laid down in the Judgment of the Hon’ble Apex Court in Union of India and Others vs. Tarsem Singh¹

5. The learned counsel for the petitioner relying upon the findings of the Hon'ble Supreme Court in the case of Union of India Vs. Surender Singh Parmar in Civil Appeal No.9389 of 2014 would submit that a fraction of a year equal to 3 months and above, but less than 6 months, shall be treated as a completed one half year and reckoned as qualifying service.

6. The main issue which crops up in the present lis is that an Airman not completed requisite qualifying services of 15 years under Regulation 121 of the the Pension Regulations for Air Force, 1961, but eligible to avail the benefit after condonation of short fall upto 12 months under Para 114 would be further eligible for condonation of short fall exceeding 12 months (i.e.,