L. Vijayarajan Versus the Air Officer Commanding - in - Charge, Air Force Record Office, New Delhi and Others - Court Judgment

SooperKanoon Citationsooperkanoon.com/1117264
CourtArmed forces Tribunal AFT Regional Bench Kochi
Decided OnFeb-19-2010
Case NumberT.A.NO.127 OF 2009 (WPC NO. 17211 OF 2006 OF THE HIGH COURT OF KERALA)
JudgeTHE HONOURABLE MR.JUSTICE K.PADMANABHAN NAIR, MEMBER (J) & LT.GEN.THOMAS MATHEW, PVSM, AVSM, MEMBER (A)
Excerpt:
padmanabhan nair, member (j). the petitioner is an ex-service man retired on 31.12.1995, while working as a warrant officer. he was granted pension in accordance with the rules which was in existence on that date. subsequently there was a revision of the pension, but that benefit was given only to those persons who have retired on or after 1.1.1996. the petitioner has challenged the rationale of fixing 1.1.1996 as the cut off date. a number of writ petitions were filed before various high courts challenging the rationale of fixing 1.1.1996 as cut off date by the government. it has been held that since it is a policy decision, the courts cannot interfere with the same. so, the petitioner is not entitled to any relief. the t.a. is only to be dismissed. in the result, the t.a. is dismissed. no costs.
Judgment:

PADMANABHAN NAIR, MEMBER (J).

The petitioner is an Ex-service man retired on 31.12.1995, while working as a Warrant Officer. He was granted pension in accordance with the rules which was in existence on that date. Subsequently there was a revision of the pension, but that benefit was given only to those persons who have retired on or after 1.1.1996. The petitioner has challenged the rationale of fixing 1.1.1996 as the cut off date. A number of Writ Petitions were filed before various High Courts challenging the rationale of fixing 1.1.1996 as cut off date by the Government. It has been held that since it is a policy decision, the courts cannot interfere with the same. So, the petitioner is not entitled to any relief. The T.A. is only to be dismissed.

In the result, the T.A. is dismissed. No costs.