ARMED FORCES TRIBUNAL, REGIONAL BENCH, KOCHIaftdelhi.nic.in/benches/kochi_bench/judgments/february2014/OA 142 of 2010.pdfARMED FORCES TRIBUNAL, REGIONAL BENCH, KOCHI O.A.Nos. 142 of

ARMED FORCES TRIBUNAL, REGIONAL BENCH, KOCHI

O.A.Nos. 142 of 2010, 106 of 2012, 189 of 2013, 192 of 2013, 193 of 2013, 201 of 2013, 202 of 2013, 203 of 2013, 204 of2013, 214 of 2013, 220 of 2013, 221 of 2013, 222 of 2013, 2 of 2014, 3 of 2014, 5 of 2014, 7 of 2014, 13 of 2014, 17 of

2014, 18 of 2014, 19 of 2014, 20 of 2014, 21 of 2014 &28 of 2014

WEDNESDAY, THE 26TH DAY OF FEBRUARY, 2014/7TH PHALGUNA, 1935

CORAM:

HON'BLE MR. JUSTICE SHRIKANT TRIPATHI, MEMBER (J)

HON'BLE VICE ADMIRAL M.P.MURALIDHARAN,AVSM & BAR, NM, MEMBER (A)

O.A.NO.142 OF 2010:- APPLICANTS:-

1. BALAKRISHNA PILLAI M., AGED 61 YEARS, (EX LEMP, NO.57150 OF INDIAN NAVY) PERUMBRAL HOUSE, KARUVATTA SOUTH P.O., ALAPPUZHA DISTRICT, KERALA.

2. K.C.SANATH KUMAR, AGED 55 YEARS, (EX LME, NO.105267 OF INDIAN NAVY) VELUTHEDATH HOUSE, WEST NALLUR, KARUVANTHIRUTHI, P.O. FEROKE, KOZHIKODE DISTRICT, KERALA – 673 643

3. R.N.GOPINATHA PANICKER, AGED 61 YEARS, (EX LME, NO.57109 OF INDIAN NAVY) “ANJALI', ERICKAVU, KARTHIKAPPALI P.O., ALAPPPUZHA DISTRICT, KERALA.

4. K.CHANDRA MOHANAN, AGED 53 YEARS, (EX LEMP, NO.201267 A OF INDIAN NAVY) “SREENIDHI”, KOZHUMMAL P.O., VIA KARIVALLUR, KANNUR DISTRICT, KERALA.

5. B. SUNDARESAN PILLAI, AGED 61 YEARS, (EX LEMP, NO.57214 OF INDIAN NAVY) NARAYANA VILASAM, KALAKKODE P.O., PARAVOOR, KOLLAM DISTRICT, KERALA.

BY ADV.SRI.V.K.SATHYANATHAN

versus

O.A.No. 142 OF 2010 & CONNECTED CASES. -: 2 :-

RESPONDENTS:- 1. UNION OF INDIA, REPRESENTED BY IT'S SECRETARY, MINISTRY OF DEFENCE, SOUTH BLOCK,

NEW DELHI.

2. THE CHIEF OF THE NAVAL STAFF, INTEGRATED HEADQUARTERS, MINISTRY OF DEFENCE (NAVY), NEW DELHI.

3. THE COMMODORE, BUREAU OF SAILORS, CHEETAH CAMP, MANKHURD, MUMBAI – 400 088.

4. THE PRINCIPAL CONTROLLER OF DEFENCE ACCOUNTS (NAVY), PENSION CELL, MUMBAI.

5. THE PRINCIPAL CONTROLLER DEFENCE ACCOUNTS (PENSIONS) OFFICE OF THE PCDA(P), DRAUPADI GHAT, ALLAHABAD, UTTARPRADESH.

BY ADV.SRI.TOJAN.J.VATHIKULAM, CENTRAL GOVERNMENT COUNSEL

O.A.NO.106 OF 2012

APPLICANT:-

1. NO.89748 EX-PO(TEL) S.N. RAVINDRAN PILLAI, AGED 64 YEARS, INS ANGRE, INDIAN NAVY, KAILAS, KADUVINAL P.O., VALLIKUNNAM VILLAGE, DISTRICT-ALLEPPEY, KERALA STATE, PIN-690501.

BY ADV.SRI.RAMESH C.R.

Versus

RESPONDENTS:-

1. THE UNION OF INDIA, REPRESENTED BY THE SECRETARY, MINISTRY OF DEFENCE (INDIAN NAVY), SOUTH BLOCK,

NEW DELHI-110001.

2. THE CHIEF OF NAVAL STAFF, INTEGRATED HEADQUARTERS, MINISTRY OF DEFENCE, SOUTH BLOCK, NEW DELHI-110001.



4. THE PRINCIPAL CONTROLLER OF DEFENCE ACCOUNTS (NAVY), (PENSION CELL), MUMBAI – 400 039.

5. THE COMMANDING OFFICER, INS ANGRE, SHAHID BHAGAT SINGH ROAD, MUMBAI – 400 023.

BY ADV.SRI.P.J.PHILIP, CENTRAL GOVERNMENT COUNSEL


1. EX.NO.82716 SEA 1 CT JACOB, AGED 67 YEARS, S/O LATE THOMAS, CHIRAYIL HOUSE, 3/856, K.K.ROAD, CHEMPUMUKKU, THRIKKAKARA P.O., COCHIN-21.

2. EX NO.54301 TEL I MP JOHN, AGED 65 YEARS, S/O LATE M.K.PAPPU, MUKKUNGAL HOUSE, KODIKULTHUMALA, ASOKAPURAM, ALUVA, EKM-683101.

3. EX NO.69349 LEMR JOY LOUIS, AGED 67 YEARS, S/O LATE P.J.LOUIS,

PULIYANATH HOUSE, MUNDAMVELI P.O., KOCHI-682507.

4. EX NO.88620 POELR VK RAJENDRA BAU, AGED 69 YEARS, S/O KUMARAN, VALIYAPARAMBIL HOUSE, PERINGANAM WEST P.O., THRISSUR – 680686.

5. EX NO.105043 K EMP I WILLIAM XAVIER CHELAT, AGED 56 YEARS, LATE SHRI, CHAVARAPPAN, CHELAT HOUSE, PERUMPALLY CHURCH ROAD, NJARAKAL, ERNAKULAM – 682505.

6. EX NO.200856 T SEA I JOY JOSEPH CHELAT, AGED 56 YEARS, S/O LATE CX JOSEPH, CHELAT HOUSE, PERUMPALLY CHURCH ROAD,NJARAKAL, ERNAKULAM – 682505.

7. EX NO.94617 SEA I AGK GEORGE, AGED 61 YEARS, S/O K.J.JOSEPH, 13/1051 A, KALATHIL HOUSE, THRIKKAKARA P.O., COCHIN-682021.

8. EX NO.82845 SEA I, FRANCIS TK, AGED 67 YEARS, S/O KOCHU PAPPU,

THALUTHARA HOUSE, NO.1/994, FOSSE ROAD, FORT KOCHI-682001.

9. EX NO.93601 LME, N.ANTONY JOSEPH, AGED 62 YEARS, S/O LATE VARGHESE JOSEPH, NADUVILATHAYIL HOUSE, 27/2181, KASTURBA NAGAR, CHERIYA KADAVANTHRA, KOCHI-682020.


10. EX NO.104424 B LRO KVB VENU, AGED 57 YEARS, S/O BAHULEYAN, KANNETH HOUSE, NAYARAMBALAM P.O., ERNAKULAM – 682509.

11. EX NO. 51653 LME NO JOSE, AGED 63 YEARS, S/O LATE N.A.OOTHUPPU,

28/1642, 'NECHOLIL' KADAVANTHRA, KOCHI-682020.

12. EX NO.82778 SEA I VIJAYAN NAIR P., AGED 67,S/O LATE K.PRABHAKARAN,

PRASANTHI, ERAMALLUR, CHERTHALA, ALAPPUZHA-688537.

13 EX NO.69035 POELP AG GEORGE, AGED 67 YEARS, S/O GEORGE, A 20 B,

BETHESDA, HEERA VASTHUGRAMAM, RAJAGIRI VALLEY P.O., KOCHI-682039.

BY ADV.SRI.T.R.JAGADEESH.

Versus RESPONDENTS:-

1. UNION OF INDIA, REPRESENTED BY ITS SECRETARY, MINISTRY OF DEFENCE, SOUTH BLOCK,

NEW DELHI-110 011.

2. THE CHIEF OF THE NAVAL STAFF, NAVAL HEADQUARTERS, NEW DELHI-110011.

3. THE COMMODORE, BUREAU OF SAILORS, CHEETAH CAMP, MANKHURD, MUMBAI – 400088.

4. THE PRINCIPAL CONTROLLER OF DEFENCE ACCOUNTS NAVY, (PENSION, POST BOX NO.589, NO.1 COOPERAGE ROAD, MUMBAI – 400039.



1. E.K.SCARIA, EX-LME, NO.55636, AGED 62 YEARS, S/O K.P.KURIAKOSE, KATTUPARAMBIL HOUSE, KURICHY (PO), KOTTAYAM DISTRICT, KERALA STATE.

2. SURENDRANATH V., EX-LEMP, NO.103930 F, AGED 59 YEARS, S/O VISWANATHAN, ANJALI, DHANYA CORNER, ERANHOLI (PO), THALASSERY, KANNUR DISTRICT, KERALA STATE.


3. V.N.NAIR, EX-LS, NO.103449N, AGED 60 YEARS, S/O LATE A.R.VASUDEVAN NAIR, KARTHIKA, THUDAYANCODU, EANIKKARA, KARAKULAM (PO), TRIVANDRUM, KERALA-695 564, KERALA STATE.

4. A.C.JACOB PANICKER, EX-L/TEL, NO.91280, AGED 64 YEARS, S/O CHACKO PANICKER, ALUVILA HOUSE (J.P.VILLA), THRIPPILAZHIKOM (P.O), KOLLAM DISTRCT, KERALA STATE.

5. V.T.LAWRENCE BABY, EX-SEA 1, NO.56622, AGED 65 YEARS, S/O S.THANKACHAN, VATTAVELA HOUSE, KARUVELIL (PO), EZHUKONE, KOLLAM DISTRICT, KERALA STATE.

6. VALLATH FALGUNAN, EX-LEADING SEAMAN NO.103276 W, AGED 59 YEARS,

S/O C.GOVINDAN, VALLATH HOUSE, MADAPPALLY COLLEGE (PO), KOZHIKODE DISTRICT, KERALA STATE.

7. MOHANAN.N., EX-TEL-I, NO.93457, AGED 62 YEARS,S/O NARAYANAN,

GANAPATHITHARA HOUSE, SAKTHIKULANGARA (PO), KOLLAM DISTRICT, KERALA STATE.

8. GOPALAKRISHNA PILLAI.C., EX-L/TEL, NO.85835, AGED 65 YEARS, S/O CHELLAPPA KURUP, KRISHNALAYAM, CHIRAKKARA POST, CHIRAKKARA, EDAVATTOM, KOLLAM DISTRICT, KERALA STATE.

9. RAMACHANDRA KURUP.J., EX-SA I, NO.56442, AGED 65 YEARS, S/O JANARDHANA KURUP, SREEPADMANABHAM,

KIZHAKKEPURAM (PO), AYOOR,VARKALA, THIRUVANANTHAPURAM, KERALA STATE.

10. P.J.CLEETUS, EX-AG.L/TEL, NO.84333, AGED 66 YEARS, S/O P.C.JOSEPH, PADINJATTUMMURY HOUSE, TKCRRA-223, PUZHAPAKA ROAD, VADUTHALA, ERNAKULAM, KERALA STATE.

11. KURUVILA MATHEW, EX-LEMP, NO.91724, AGED 63 YEARS, S/O KURUVILA, KODETHADATHIL HOUSE, EADAKKATTUVAYAL, ARAKKUNNAM (PO),

ERNAKULAM, KERALA STATE.

12. PUNNOOSE PUTHENVEEDU GEORGE, EX-TEL-I, NO.53289, AGED 64 YEARS, S/O P.G.GEORGE,

PUTHENVEEDU, MULLANICHADU, VAZHAMUTTOM (PO), OMALLUR VIA,

PATHANAMTHITTA DISTRICT, KERALA STATE.

13. SIVANANDAN.V., EX-PETTY OFFICER, NO.56896 K, AGED 65 YEARS, S/O K.VELU, PREYESI, (SIVANANDA VILASAM), KEDAKULAM, ELAKAMON (PO), VARKALA,

TRIVANDRUM DISTRICT, KERALA STATE.


14. MANMATHAN ASARI.K.K, EX-L/TEL, NO.85718, AGED 66 YEARS, S/O KRISHNAN ASARI, KARAMELKIZHAKKETHIL HOUSE, ARATTUPUZHA, CHENGANNUR (PO), PUTHENCAVU (VIA), PATHANAMTHITTA DISTRICT, KERALA STATE.

15. K.P.PHILIP, EX-LAM, NO.54116, AGED 64 YEARS, S/O LATE K.G.PHILIPPOSE,

KILANNAMANNIL HOUSE, KUNNAM (PO), MAVELIKKARA, ALAPPUZHA DISTRICT, KERALA STATE.

16. G.RAJASEKHARAN, EX-LME, NO.55637, AGED 63 YEARS, S/O GOVINDA PILLAI, RAJENDHU, PAVUMPA (PO), VIA-MANNAPALLI NORTH, KOLLAM DISTRICT, KERALA STATE.

17. C.G.THOMAS, EX-LEADING SEAMAN RP-II, NO.54414, AGED 64 YEARS, S/O C.T.GEORGE, CHAKKETTAYIL AJIVILLA, PUNNACKAD (PO), KOZHENCHERRY, PATHANAMTHITTA DISTRICT, KERALA STATE.

18. M.D.ABRAHAM, EX-LSA, NO.59459, AGED 64 YEARS, S/O LATE M.K.DANIEL, MALAYIL PEEDIKAYIL HOUSE, KUNNAM (PO), MAVELIKKARA, ALAPPUZHA DISTRICT,

KERALA STATE.

19. P.P.EASOW, EX-SIG I, NO.54970, AGED 63 YEARS, S/O POTHEN, PANACHIKAL HOUSE, PUTHUSSERY SOUTH (PO), MALLAPALLY, PATHANAMTHITTA DISTRICT, KERALA STATE.

20. U.S.JOSEPH, EX-MUSICIAN, NO.42848, AGED 65 YEARS, S/O DEVASIA SAVIER, VADAKKETTAM HOUSE, CHANGANKARY (PO), EDATHUA, ALAPPUZHA DISTRICT, KERALA STATE.

BY ADV.SRI.THAMBAN M.V. Versus

RESPONDENTS:- 1. UNION OF INDIA, REPRESENTED BY THE SECRETARY, MINISTRY OF DEFENCE, SOUTH BLOCK,

NEW DELHI-110 011.

2. THE CHIEF OF NAVAL STAFF, NAVAL HEADQUARTERS, NEW DELHI-110 011.

3. THE COMMODORE, BUREAU OF SAILORS, CHEETAH CAMP, MANKHURD, MUMBAI, PIN – 400 088.

4. PRINCIPAL CONTROLLER OF DEFENCE ACCOUNTS, (PENSION), DRAUPATHI GHAT, ALLAHABAD, PIN-211 014.



O.A.NO.193 OF 2013:-

APPLICANTS:-

1. JOY JACOB (EX.LEM(P) NO.69121), AGED 68 YEARS, S/O LATE P.M.THOMAS, ERAKKATHIL HOUSE, PUTHUPPALLY (PO), KOTTAYAM, KERALA STATE, PIN-686 011.

2. KORIATH KURIAKOSE (EX.LEADING SEAMAN NO.82612), AGED 67 YEARS, S/O KURIAN, K.KURIAKOSE, KODIATH JOJI VILLA, KUTTEMPEROOR (PO), MANNAR, ALLEPPEY DISTRICT, KERALA STATE, PIN-689 623.

3. EAPEN NINAN (EX.AG L/TEL NO.90289) AGED 64 YEARS, S/O A.E.NINAN, ATHIMOOTTIL, OAVIKKARA (PO), MANNAR, ALAPPUZHA DISTRICT, KERALA, PIN-689 622.

4. KALLIKUNNIL VARGHESE MATHAI (EX.LEADING SEAMAN NO.82807) AGED 69 YEARS, S/O P.M.VARGHESE, KALLIKUNNIL BETHEL, KAVIYOOR (PO), THIRUVALLA, PATHANAMTHITTA, PIN-689 582.

5. V.K.GEORGE, (EX.SIG NO.88804), AGED 66 YEARS, S/O L.K.GEORGE, VILAYAKAT HOUSE, NO.B 1040 SATELITE TOWN SHIP, PADAMUGAL, KAKKANAD (PO), ERNAKULAM, KOCHI-682 030, KERALA STATE.

6. K.A.ABRAHAM (EX SIGI NO.84209), AGED 67 YEARS, S/O LATE ABRAHAM,PUTHUPARAMBIL HOUSE, MARKET ROAD, PALIYAKARA, THIRUVALLA (PO), KOLLAM DISTRICT, KERALA STATE.

7. R.C.MATHEW, (EX.L.TEL NO.90354) AGED 64 YEARS, S/O R.M.CHACKO, RAMAPURATHU HOUSE, VELLAPPAD, PALA (PO), KERALA STATE.

8. F.M.JOSE IPE (EX L/SIG NO.68587), AGED 67 YEARS, S/O ITTY IPE, MADUKOLIL, CHENGANNOOR (PO), ALAPPUZHA DISTRICT, KERALA STATE.

9. E.D.RAJAN, EX TEL NO.69346, AGED 66 YEARS, S/O G.DANIEL, EAPPENPARAMBIL, THATTARAMPALAM (PO), MAVELIKKARA, PIN-690 103, ALAPPPUZHA DISTRICT, KERALA STATE.

10. JANARDANAN K.A., EX.LTEL NO.68809, AGED 68 YEARS, S/O LATE KOPPARA APPU, 45/621-A. GOLDEN STREET, VADUTHALA (PO), KOCHI-682 023, ERNAKULAM DISTRICT, KERALA STATE.

11. M.K.MATHEW, L/TEL NO.68669, AGED 66 YEARS, S/O KORUTHU, KULMAGARA SUSAN VILLA, PUTHUR (PO), KOLLAM DISTRICT, PIN-691 507, KERALA STATE.


12. T.SELVARAJ, EX P.O.M.E NO.68452, AGED 68 YEARS, S/O THANGARAJ, MADIPARA HOUSE, OPP.POST OFFICE, VAZHAKULAM (PO), MUVATTUPUZHA, ERNAKULAM DISTRICT, PIN-686 670, KERALA STATE.

13. K.CHANDRAMOHAN, L-TEL, NO.69328, AGED 67 YEARS, S/O LATE R.KUNJAN, VADAKKEVILA HOUSE,

VAKKOM (PO), THIRUVANANTHAPURAM PIN-695 308, KERALA STATE.

BY ADV.SRI.M.V. THAMBAN

RESPONDENTS:-

1. UNION OF INDIA, REPRESENTED BY THE SECRETARY, MINISTRY OF DEFENCE, SOUTH BLOCK,

NEW DELHI-110 011.

2. THE CHIEF OF NAVAL STAFF, NAVAL HEADQUARTERS, NEW DELHI-110011.

3. THE COMMODORE, BUREAU OF SAILORS, CHEETAH CAMP, MANKHURD, MUMBAI, PIN-400 088.

4. PRINCIPAL CONTROLLER OF DEFENCE ACCOUNTS (PENSION), DROUPATHI GHAT, ALLAHABAD, PIN-211 014.


O.A.NO.201 OF 2013: APPLICANTS:-

1. N.K.KESAVARU NAMPOOTHIRI, EX-POELP, NO.57239 R, AGED 63 YEARS, S/O KESAVARU SURABHI, VAIPUR (PO), PATHANAMTHITTA DISTRICT, KERALA STATE, PIN-689 588.

2. P.K.GEORGE KUTTY, EX-LEMP, NO.057582 W, AGED 63 YEARS, S/O P.K.KOCHU KURIAN, KANKALI THARAYIL HOUSE, CHERIYANAD (PO) (WEST), ALAPPPUZHA DISTRICT, KERALA STATE, PIN-689 511.

3. NANDAN MANGALI, EX-LMA, NO.59780, AGED 63 YEARS, S/O LATE K.P.KUTTIKRISHNAN NAIR, SRUTHI, MANGALAM POST, PALAKKAD DISTRICT, KERALA STATE, PIN-679 301.

4. HARIDASAN.U.P., EX-EMPI, NO.56323, AGED 66 YEARS, S/O BALAKRISHNAN NAIR, MEENAKSHI NILAYAM, MANGALAM, LEKKIDI, (VIA) OTTAPPALAM, PALAKKAD DISTRICT, KERALA STATE, PIN-679 301.


5. K.C.THOMAS, EX-L/S.NO.53299, AGED 65 YEARS, S/O K.V.CHACKO, KALLIKOTHU HOUSE, NIRANAM (PO), THIRUVALLA, KERALA STATE, PIN-689 621.

6. K.E.YOHANNAN, EX-POEL(R),N.057486, AGED 63 YEARS, S/O EDICULA PAPPACHAN, KUZHIPPARAMBIL THEKKETHIL, MANKAMKUZHI (PO), MAVELIKKARA, ALAPPPUZHA DISTRICT, KERALA STATE, PIN-690 558.

7. P.ACHUTHAN NAIR, EX-L/TEL-54792, AGED 62 YEARS, S/O PADMANABHAN NAIR, SOUMYA, KUPPATTICAD, MANNAR (PO), ALAPPPUZHA DISTRICT, KERALA STATE, PIN-689 622.

8. GEORGE MATHEW, EX-TEL I, NO.55557, AGED 62 YEARS, S/O LATE P.M.GEORGE, PANDIPURATHU PRINCE DALE, MANNARKULANJI (PO) MYLAPRA TOWN (VIA) PATHANAMTHITTA DISTRICT, KERALA STATE, PIN-689 678.

9. MATHEW ABRAHAM, EX-LEMR, NO.91578, AGED 64 YEARS, S/O KUTTIKKATTU POTHA ABRAHAM, CHIRAMEL KUTTIKKATTU, NEERATTUPURAM (PO), THALAVADY VILLAGE, ALAPPUZHA DISTRICT, KERALA STATE, PIN-689 571.

10. KADAKETHE THOMAS THOMAS, EX-SEA 1, NO.92738, AGED 62 YEARS, S/O K.C.THOMAS, KADAKETHE HAPPY VILLA, MANDIRAM (PO), RANNY, PATHANAMTHITTA DISTRICT, KERALA STATE, PIN-689 672.

11. PLAMMOTIL GEORGE KOSHY, EX-LME 90257, AGED 65 YEARS, S/O LATE P.K.GEORGE, FLAT 301, INTERNATIONAL GARDEN SQUARE, PUSHPAGIRI ROAD, THIRUVALLA, KERALA STATE, PIN-689 101.

12. A.J.XAVIER, EX-LEMP, NO.095860 R, AGED 60 YEARS, S/O LATE A.J.JOSEPH, 33/2557A, C.H.COLONY, MARYKUNNU (PO), CALICUT, KERALA STATE, PIN-673 012.

13. K.P.GOPINATHAN, EX-LEM(P), NO.202933-N, AGED 54 YEARS, S/O K.GOVINDA KUTTY NAIR, KALAVARA PANDARA PARAMBIL HOUSE, THIRUMITTAKODE (PO), KOOTTANAD (VIA), PALGHAT DISTRICT, KERALA STATE, PIN-679 533.

14. ANGAILTHAZHE KURIEN PHILIP, EX.L/SIGNAL MAN NO.95813, AGED 60 YEARS, S/O ANGAILTHAZHE POTHEN KURIEN, RESIDING AT ANGAILTHAZHE “STAR VILLA”, MUNDIAPPALLY (PO), THIRUVALLA, PATHANAMTHITTA DISTRICT,KERALA STATE.

15. VENU GOVINDAN KUTTY, EX-LEMP NO.095848 N, AGED 60 YEARS, S/O K.BALAKRISHNAN NAIR, RESIDING AT 'UTHRAM' THEKKUMMURI (PO), THIRUR, KERALA STATE, PIN-676 105.

16. THATTIL PAUL SAMSON, EX LRO (TEL) NO.096660 H, AGED 60 YEARS, S/O LATE T.J.PAUL, RESIDING AT THATTIL HOUSE, AMALANAGAR (PO), THRISSUR DISTRICT, KERALA STATE, PIN-680 555.


17. R.RAMACHANDRA PODUVAL, EX.LME.096661, AGED 60 YEARS, S/O R.RAGHAVA PODUVAL, RESIDING AT CHITHRANJAILEY, MANNAM (PO), N.PARAVUR, ERNAKULAM DISTRICT, KERALA STATE, PIN-683 520.

18. RAGHAVAN PILLAI VIJAYAKUMAR, EX.LME NO.103299 Y, AGED 57 YEARS, S/O LATE RAGHAVAN PILLAI, RESIDING AT DEVIKRIPA, T.P.CENTRE, MANNARASALA (PO), HARIPAD, ALAPPUZHA DISTRICT, KERALA STATE, PIN-690 550.

19. HARIDASAN.P., EX.ME.1 NO.201818 B, AGED 54 YEARS, S/O M.CHINNAN NAIR, SANKAR NAGAR, VEERAMANI FLAT, VIA PATTAMBI, NHANGATTIRI (PO), KERALA STATE, PIN-679 303.

20. CHERUKATTU MATHAI MATHEW, EX.LEMR NO.096437 A, AGED 59 YEARS, S/O K.V.MATHAI, CHERUKATTU HOUSE, 34/581, CHULLIYODE ROAD, CIVIL STATION (PO), KOZHIKODE, KERALA STATE, PIN-673020.

BY ADV.SRI.M.V.THAMBAN

VERSUS

RESPONDENTS:-


NEW DELHI-110 011.





O.A.No. 202 of 2013:-

APPLICANTS:-

1. R. SIVANANDAN, EX-LRO (TAC) NO. 096120 F, AGED 60 YEARS, S/O. RAMANKUTTY, CHAKIRIKUDI VEEDU, KOONTHALLOOR, CHIRAYINKIL (PO), THIRUVANANTHAPURAM DIST. KERALA STATE, PIN 695 304.


2. V.V. BALAN, EX-LEMP, NO. 095485 N, AGED 61 YEARS, S/O. LATE V.V. ARAMUGHAN, VEETTIL VALAPPIL HOUSE, MANGALAM (PO), MALAPPURAM DISTRICT, KERALA STATE , PIN 676 561.

3. V.VALSAN, EX-LME, NO. 052310, AGED 59 YEARS, S/O. V. SIVARAMAN NAIR, KAMALA NIVAS, WANDOOR (PO), MALAPPURAM DIST., KERALA STATE, PIN 679 328.

4. M.J. JOHN, EX-LME NO. 052090 N AGED 60 YEARS, S/O. LATE ANTONY JOHN, MATTAKKARA HOUSE, PUTHENKUNNU (PO), CHEERAL (VIA), WYANAD DIST, KERALA STATE, PIN – 673 595.

5. S.C. VARGHESE, EX-LEADING SEAMAN NO.54409, AGED 64 YEARS, S/O. S.O.CHERIAN, SARAMBICAL HOUSE, NEERATTUPURAM (PO) ALAPPUZHA DIST., KERALA STATE, PIN 689 571.

6. C. MOHANDAS, EX-POEL (P) NO. 097778 Z AGED 57 YEARS, S/O. LATE N.KUTTYKRISHNAN NAIR, SREE VIHAR, PULIKKAL (PO), MALAPPURAM DIST. KERALA STATE, PIN – 673 637.

7. SUKUMARAN MAROLI, EX-LEMR NO. 097718 N, AGED 58 YEARS, S/O. KUNHIKANNAN T., DEVIKA, NARAVOOR, KUTHUPARAMBA (PO) KANNUR DIST., KERALA STATE, PIN 670 643.

8. VENU KADIRKKOT, EX-LME NO.052376 N, AGED 58 YEARS, S/O. RAYARAMBETH KANNAN, 'VENUS', MALAKKUTAZHE, MATTANUR (PO) KANNUR DIST., KERALA STATE PIN 670 702.

9. P.N. SUKUMARAN, EX-LME NO.0103963 F, AGED 57 YEARS, S/O. NARAYANAN, PUTHANPURACKAL, VELLIYODE, VILANGAD (PO) KALLACHI (VIA), KOZHIKODE DIST., KERALA STATE,

PIN 673 506.

10. C.P. JOHN, EX-LME NO.0104135 Y, AGED 59YEARS, S/O. LATE C.J. PAUL, CHAKKALAKKAL HOUSE, CHANGAMPUZHA NAGAR,(PO) UNICHIRA, KOCHI – 682 033, KERALA STATE.

11. R.THULASEEDHARAN PILLAI, EX LME NO. 103577 B, AGED 59 YEARS, S/O. P. RAGHAVAN PILLAI, DEEPALAYAM, CHUNKATHARAKIZHAKKATHIL, OYOOR (PO), KOLLAM DIST.,


KERALA STATE PIN 691 510.

12. K.M. JOHN, EX LME NO. 57248, AGED 62 YEARS, S/O. LATE MATHAI JOSEPH, ANIL VILLA, MUTTOM (PO), HARIPPAD, ALAPPUZHA DIST., PIN 690 511.

13. GEORGE THOMAS, EX SEA-I NO.103893 Y AGED 60 YEARS, S/O. KORA THOMAS, KANIYAMATTATHIL HOUSE, KINGINIMATTAM (PO) KOLENCHERY, ERNAKULAM DIST., KERALA STATE, PIN 682 311.

14. S.UDAYA KUMAR, EX.LME NO. 201260 K, AGED 56 YEARS, S/O. K.SIVARAMA PILLAI, RESIDING AT VARSHA, THAZHAM-MIDDLE, CHATHANNOOR (PO), KOLLAM DIST. KERALA STATE, PIN 691 572.

15. MURALEE MOHANAN M.S., EX POME NO. 097943 Z, AGED 57 YEARS, S/O. LATE A.P. SREEDHARAN NAIR, KESAVEEYAM, OPP. S&S AUDITORIUM, HARIPAD (PO), ALAPPUZHA DIST., KERALA STATE, PIN 690 514.

16. M.K. UMAR, EX CK(S) I NO. 140731 W, AGED 59 YEARS, S/O. M.K. KOCHUMOIDEEN, MATHILAKATHU VEETIL, MATHILAKAM (PO) PUTHIYAKAVU, THRISSUR DIST. KERALA STATE, PIN 680 685.

17. T.M. RAVIKUMAR, EX LRO(TEL) NO.106333 T, AGED 56 YEARS, S/O.P.N.MADHAVAN PILLAI, RESIDING AT SREEPADAM, ANAKUNNAM, PALLICKAL (PO), KILIMANOOR, THIRUVANANTHAPURAM DIST., KERALA STATE, PIN – 695 604.

18. PULICKAL KURIAKOSE BABY, EX LPM NO. 104125 Z, AGED 59 YEARS, S/O. P.K. KURIAKOSE, PULICKAL HOUSE, RAMAMANGALAM (PO), ERNAKULAM DIST., KERALA STASTE, PIN 686 663.

19. RADHAKRISHNA KAIMAL P.R., EX LRO(SPL) NO. 104371 H, AGED 58 YEARS, S/O. RAMAKRISHNA PILLAI, PADINJAREILLIRICKAL, KAITHAKODY (PO), PATHANAMTHITTA DIST., NOW RESIDING AT SREERAGAM, CHAUAPPALLY (PO), PATHANAMTHITTA DIST., KERALA STATE, PIN 689 586.

20. JOSEPH C.O., EX.TEL-I, NO.85832, AGED 65 YEARS, S/O. LATE OMMENONNUNNY,


CHRIST VILLA, ERAMATHOOR (PO), MANNAR, ALAPPUZHA DIST., KERALA STATE, PIN 689 622.

BY ADV.SRI.THAMBAN M.V.

RESPONDENTS:-

1. UNION OF INDIA, REPRESENTED BY THE SECRETARY, MINISTRY OF DEFENCE, SOUTH BLOCK, NEW DELHI – 110011.

2. THE CHIEF OF NAVAL STAFF,NAVAL HEADQUARTERS, NEW DELHI – 110 011.

3. THE COMMODORE, BUREAU OF SAILORS,CHEETAH CAMP, MANKHURD, MUMBAI, PIN – 400 088.

4. PRINCIPAL CONTROLLER OF DEFENCE ACCOUNTS (PENSION), DROUPATHI GHAGT, ALLAHABAD

PIN 211 014.


OA 203 OF 2013

APPLICANTS

1. NARENDRAN NAIR T.R., EX LMA NO. 59072, AGED 65 YEARS, S/O. LATE RAGHAVAN NAIR, THOVELIL HOUSE, ARATTUPUZHA (PO), PATHANAMTHITTA DIST., KERALA STATE.

2. N.S. RAVINDRANATHAN NAIR, EX LSA NO. 59743 AGED 63 YEARS, S/O. N.K.SIVARAMA PANICKER, NADUVIELMURIYIL HOUSE, ASHOKA ROAD, KALOOR (PO), ERNAKULAM DIST., KERALA STATE.

3. P.M. VENUS FRANCIS, EX LEMP, NO. 095846 H., AGED 60 YEARS, S/O. P.V. MICHAL, VIBHINNA VILLA, PULIKKATHARA , PALAMPALAKODE (PO), PLAKKAD DIST., KERALA STATE.

4. P. VENUGOPAL, EX POEL ® NO. 200505 W., AGED 56 YEARS, S/O. LATE VASUDEVAN NAIR, SEKHAR NIVAS, PERINGODE (PO), KOOTTANAM (VIA),


PALAKKAD DIST., KERALA STATE.

5. C. JAYAPALAN, EX LME NO. 097024 K, AGED 59 YEARS, S/O. A.K. CHACRAPANI,

CHAITHANYA, CHIRAKADVOM, KAYAMKULAM, ALAPPUZHA DIST., KERALA STATE.

6. P.K. MOHANAN, EX-SEA-I NO. 84416, AGED 66 YEARS, S/O. KARAPPAN,

PERINGADAN HOUSE, VELLIYANOOR, THRISSUR DIST., KERALA STATE.

7. P. MATHAI SAMUEL, EX LRP(TEL) NO. 54746, AGED 63 YEARS, S/O. YOHANNAN MATHAI, PAKKANDATHIL PUTHEN VEEDU, CHANDANAPPALLY (PO), PATHANAMTHITTA DIST.

8. SUDHEENDRAN PARAMESWARA PANICKER, EX-LAM NO. 95611, AGED 62 YEARS, S/O. PARAMESWARA PANICKER, PUTHANPARAMBIL HOUSE, PALLIPPATTUMURI, THRIKKUNNAPUZHA (PO), ALAPPUZHA DIST., KERALA STATE.

9. AUM KRISHNAN, EX-POELA, NO. 202735 N, AGED 55 YEARS, S/O. LATE P.UNNIKRISHNAN NAIR, PANCHAJANYAM, KODUNTHARAPULLY (PO), PALAKKAD DIST.

10. C.T. KOCHANTHONY, EX L/TEL NO. 55483, AGED 63 YEARS, S/O. C.C. THOMAS, CHOONDAL HOUSE, PUZHAKKAL (PO), THRISSUR DIST., KERALA STATE.

11. GEORGE JOSEPH, EX-LRO(TEL) NO.200804 Z, AGED 57 YEARS, S/O. LATE VARKEY JOSEPH, MANNAMTHURUTHIL HOUSE, VANNAPPURAM (PO), THODUPUZHA, IDUKKI DIST., KERALA STATE.

12. C. VIJAYAN, EX-EM(P)-I NO. 57383, AGED 62 YEARS, S/O. CHANDRASEKHARAN PILLAI, SORYA, PALLIPAD (PO), ALAPPUZHA DIST. KERALA STATE.

13. K.M. GOPINATHAN, EX-LEM(P) NO. 92373 AGED 63 YEARS, S/O. LATE A.V. VELU NAIR, KAVILTHODI HOUSE, VALIYAPARAMBA (PO), PULIKKAL, MALAPPURAM DIST., KERALA STATE.

14. PADMANABHAN SOMAN, EX-LMA NO. 59794, AGED 63 YEARS, S/O. PADMANABHAN, ASWATHI, HARIPPAD (PO), ALAPPUZHA DIST.


KERALA STATE.

15. M.G. RAJAPPAN NAIR, EX-LEMR NO. 57614, AGED 63 YEARS, S/O. K.GOPALAN NAIR, MANGALATHU HOUSE, MANNADISALA (PO), VECHUCHIRA, KERALA STATE.

16. GEORGE MATHEW, EX-L.TEL NO.90657, AGED 64 YEARS, S/O. T.V. GEORGE, NO.10 SKYLINE SPRING FIELD, PADIVATTOM, EDAPPALLY, KOCHI, ERNAKULAM DIST., KERALA STATE.

17. K.P. P. MAMMAN VARGHESE, EX-LOELR, NO.0977342 Z, AGED 57 YEARS, S/O. P.K. VARGHESE, KALATHOOR HOUSE, VENNALA (PO), COCHIN, ERNAKULAM DIST., KERALA STATE.

18. ASOK KUMAR E.M., EX-POEL ® NO.096309 K., AGED 59 YEARS, S/O. GOVINDA AMENON, SIKHA'S (KELANKANDIYIL), IRIVALLUR (PO), CHELANNUR (VIA), CALICUT, KERALA STATE.

19. E.F.M. MOHAN, EX -POEL(R) NO. 103012 W, AGED 58 YEARS, S/O. E. BHASKARAN, ELIKKOTIL HOUSE, KAYAKUNDU ROAD, ANGADIPURAM (PO), MALAPPURAM DIST., KERALA STATE.

20. RAJU JACOB, EX-POEL(R) NO.200552 A, AGED 56 YEARS, S/O. K.K. JACOB, KELACHANDRA HOUSE, MARKET ROAD, CHINGAVANAM (PO), KOTTAYAM DIST., KERALA STATE.

BY ADVS.M/S.M.V.THAMBAN, R.REJI, THARA THAMBAN & B.BIPIN.

VERSUSRESPONDENTS



3. THE COMMODORE, BUREAU OF SAILORS,CHEETAH CAMP, MANKHURD, MUMBAI – 400 088.

4. PRINCIPAL CONTROLLER OF DEFENCE ACCOUNTS (PENSION), DROUPATHI GHAGT, ALLAHABAD

PIN 211 014. BY ADV.SRI.P.J.PHILIP, CENTRAL GOVERNMENT COUNSEL


O.A.NO. 204 OF 2013

APPLICANTS

S.P. STANSISLAUS, AGED 70 YEARSS/O. LATE SHRI. SYDNEY GEORGE SCHMIDT,(EX NO. 81732 SEA 1 OF INDIAN NAVY)SCHMIDT VILA, NAZARETH, COCHIN 682 002.

BY ADV. SHRI.T.R. JAGADEESH

RESPONDENTS




4. PRINCIPAL CONTROLLER OF DEFENCE ACCOUNTS NAVY (PENSION), POST BOX NO.589,NO.1 COOPERAGE ROAD, MUMBAI 400039.

BY ADV. SRI. P.J. PHILIP, CENTRAL GOVT. COUNSEL.

O.A.NO.214 OF 2013

APPLICANTS

1. A.P. SUNNY, S/O. PAPPACHAN, AGED 74 YEARS, EX NO.66267L/SIG, ANGRE,

A.P. AYYEMKERIL, (CHITTETH), ARAKKUNNAM,ERNAKULAM DIST. - 682313.

2. T.K. VIJAYAN, S/O. KRISHNAN, AGED 67 YEARS EX CHIEF ENGINE ROOM ARTIFICER, NO.52653, ANGRE, INDIAN NAVY, RESIDING AT THRUTHEL, ARAKKUNNAM, ERNAKULAM DISTRICT 682313.

BY ADVS. M/S. P. SREEKUMAR & B.S. SIVAJI

VERSUS


RESPONDENTS


2. THE CHIEF OF NAVAL STAFF, INTEGRATED HEADQUARTERS, MINISTRY OF DEFENCE, (NAVY)NEW DELHI – 110 011.


4. PRINCIPAL CONTROLLER OF DEFENCE ACCOUNTS NAVY, PENSION CELL,MUMBAI – 400 088.

BY ADV. SRI. TOJAN J. VATHIKULAM, CENTRAL GOVT. COUNSEL.

O.A NO. 220 OF 2013:

APPLICANT

K.J. VARGHESE, AGED 65 YEARS, S/O. LATE SHRI GERVASISEX NO. 42849 MUS I OF INDIAN NAVYKALATHIL HOUSE, POOKKOTTUMPADAM P.O.,NILAMBUR, MALAPPURAM DIST. KERALA 679332.


VERSUS

RESPONDENTS




4. PRINCIPAL CONTROLLER OFDEFENCE ACCOUNTS NAVY (PENSION), POST BOX NO.589,NO.1 COOPERAGE ROAD, MUMBAI 400039.

BY ADV. SRI. TOJAN J. VATHIKULAM, CENTRAL GOVT. COUNSEL.


O.A.NO.221 OF 2013:

APPLICANTS:-

1. P.MANOHARAN NAIR, EX-SEA-I, NO.104956 N, AGED 58 YEARS, S/O PARAMESWARAN NAIR.K., VISAK, TC 10/1483,VNRAB-122, VILAYANNIKONAM, VATTIYOORKKAVU (PO), THIRUVANANTHAPURAM DISTRICT, KERALA STATE.

2. VARGHESE KUNJUMMEN, EX-LS, NO.104725N, AGED 58 YEARS, S/O T.K.KUNJUMMEN, THACHIRAZHIKATHU KEVIN BUNGLOW, NEAR M.G.D.H SCHOOL, KUNDARA (PO), KOLLAM DISTRICT, KERALA STATE.

3. K.T.URMESE, EX-LEM (P), NO.56298, AGED 65 YEARS, S/O K.O.THARIATH, KAIPPARAMPATT HOUSE, MOOKKANNOOR (PO), ANGAMALY (VIA), ERNAKULAM DISTRICT.

4. P.BALAKRISHNAN NAIR, EX-LS, NO.104912 N, AGED 58 YEARS, S/O LATE PADMANABHA PILLAI, VAISHNAVI, KAILAS NAGAR-44, KAZHAKUTTOM (PO), THIRUVANANTHAPURAM, KERALA STATE.

5. P.ANTONY OUSEPH, EX-LEADING SEAMAN, NO.200859 Z, AGED 57 YEARS, S/O P.P.ANTONY, PADUPURAKKAL, UDAYAMPEROOR (PO), ERNAKULAM DISTRICT, KERALA STATE.

6. K.D.JOSHUA, EX-PO (ELECT) AIR, NO.200587 F, AGED 57 YEARS, S/O C.K.DANIEL, CHARUVILA PUTHEN VEEDU, THUMPAMON POST, PANDALAM VIA, PATHANAMTHITTA DISTRICT, KERALA STATE.

7. CHARLES PADAYATTIL SEBASTIAN, EX-LEM (P), NO.96624, AGED 60 YEARS, S/O SEBASTIAN, NN-21, NETAJI NAGAR, PUTHIYA ROAD, KADVAVANTHARA (PO), KOCHI, ERNAKULAM DISTRICT.

8. MATHEWS KOSHY THARAKAN, EX-LEADING SIGNALMAN, NO.91891, AGED 64 YEARS, S/O POLACHIRACKAL MATHEW KOSHY, POLACHIRACKAL HOUSE, THIRUMOOLAPURAM (PO), THIRUVALLA, PATHANAMTHITTA DISTRICT, KERALA STATE.

9. IDICHANDY BABU, EX-LME, NO.106336-Z, AGED 57 YEARS, S/O CHACKO IDICHANDY, VILAYIL JAI BHAVAN, EARM NORTH, CHATHANNOOR (PO), KOLLAM DISTRICT,KERALA STATE.

10. M.J.MATHEW, EX-L.TEL,NO.92461, AGED 62 YEARS, S/O MATTATHIL JOHN, MATTATHIL HOUSE, VECHOOCHIRA (PO), PATHANAMTHITTA DISTRICT, KERALA STATE.

11. R.G.KRISHNAN, EX-LEM (P), NO.56313, AGED 65 YEARS, S/O LATE RAJAMANNAR, C/O. MRS.MARY QUEENIE, F-14, ST.JOHN'S MEDICAL COLLEGE, STAFF QUARTERS, HOSUR ROAD, BANGALORE-560034.


12. K.A.KAKKUNNY, EX-LEMP, NO.104937 W, AGED 58 YEARS, S/O LATE K.K.ALBERT, KOILPARAMBIL HOUSE, PALLITHODE (PO), THURAVOOR, ALLEPPEY DISTRICT, KERALA STATE.

13. GOPALAN MOHAN KUMAR, EX-POELA, NO.97180 R, AGED 58 YEARS, S/O V.GOPALAN, PANKAJA BHAVAN, PUTHIYADOM, KAYAMKULAM (PO) ALAPPUZHA DISTRICT, KERALA STATE.

14. JOJI GEORGE, EX-LPM, NO.104027, AGED 58 YEARS, S/O GEORGE MATHEW, KANJICKAL HOUSE, KARAMVELI (PO) ELANTHOOR, PATHANAMTHITTA DISTRICT, KERALA STATE.

15. K.SUKUMARAN NAIR, EX-L/TEL, NO.54046, AGED 65 YEARS, S/O KARUNAKARAN PANICKER, VISAKH, CHARUMMOODU (PO), ALAPPUZHA DISTRICT, KERALA STATE.

16. GEORGE THOMAS P., EX-YS, NO.88135, AGED 68 YEARS, S/O LATE P.N.GEORGE, PERALACHITHRA-PENIEL HOUSE, ASHOKAPURAM (PO), ALUVA, ERNAKULAM DISTRICT, KERALA STATE.

BY ADV.BY ADVS.M/S.M.V.THAMBAN, R.REJI, THARA THAMBAN & B.BIPIN.

VERSUS

RESPONDENTS:-


NEW DELHI-110 011.


3. THE COMMODORE, BUREAU OF SAILORS, CHEETAH CAMP, MANKHURD, MUMBAI, PIN-400 088. 4. PRINCIPAL CONTROLLER OF DEFENCE ACCOUNTS (PENSION), DROUPATHI GHAT, ALLAHABAD, PIN-211 014.

BY ADV. SRI.TOJAN J VATHIKULAM, CENTRAL GOVT. COUNSEL


O.A.NO.222 OF 2013:

APPLICANTS:-

1. P.NARAYANAN, EX-LEMA, NO.097914 H, AGED 57 YEARS, S/O LATE E.K.S.NAIR, GEETH, KARUVAMBRUM WEST (PO), MANJERI, MALAPPURAM DISTRICT, KERALA STATE.

2. MADUSOODANAN A, EX-LAOM, NO.200767 R, AGED 56 YEARS, S/O DAMODARAN NAIR.K., SAMUDRIKA, MAKKADA (PO), KAKKODI, CALICUT, KERALA STATE.

3. PALATTY MATHEW ANTU, EX-LEMR, NO.104971 A, AGED 58 YEARS, S/O P.J.MATHEW, PALLADIUM APARTMENT, ELAMAKKARA (PO), ERNAKULAM, KERALA STATE.

4. G.THOMAS, EX-L/TEL, NO.54693, AGED 64 YEARS, S/O GEEVARGHESE, HILL TOP BUNGLOW, EARAM NORTH, CHATHANOOR (PO), KOLLAM DISTRICT, KERALA STATE.

5. PARATHODI CHELLAPPAN GOPI, EX-LMA, NO.59745, AGED 63 YEARS, S/O LATE AYYAPPAN, VADAKKEPARAMBIL HOUSE, ANTIPAPAL NORTH (PO), THALAVADY, ALAPPPUZHA DISTRICT, KERALA STATE. 6. V.V.SOMAN, EX-TEL-I, NO.55704, AGED 63 YEARS, S/O P.V.VARGHESE, VENGANILKKUNNATHIL HOUSE, KUTTATHOOR (PO), AYROOR, PATHANAMTHITTA DISTRICT, KERALA STATE.

7. K.M.THOMAS, EX-PO, NO.92609, AGED 62 YEARS, S/O K.K.MATHAI MATHAI, KIZHAKKE VEETTIL JOYVILLA, ARANMULA (PO), PATHANAMTHITTA DISTRICT, KERALA STATE.

8. T.RAJAN, EX-LME, NO.052114 T, AGED 60 YEARS, S/O MADAVAN NAIR, SURABHI(H), PAYAMBRA, KUNNAMANGALAM, KOZHIKODE DISTRICT, KERALA STATE.

9. M.K.SUKUMARA PILLAI, EX-POEL (P), NO.097789-N, AGED 57 YEARS, S/O LATE M.N.KUMARA PILLAI, PONNU VIHAR, THURUTHIPARAMBU ROAD, KANJIRAKKADU, RAYONPURAM (PO), PERUMBAVOOR, ERNAKULAM DISTRICT.

10. PUTHANPURACKAL JOSEPH JOSE, EX-LMA, NO.057723 R, AGED 61 YEARS, S/O P.O.JOSEPH, PUTHANPURACKAL HOUSE, KANJOR (PO), ALUVA, THATTANPADY, ERNAKULAM DISTRICT, KERALA STATE.

11. YALLAPPA YAMANAPPA KADAKOL, EX-ERA-2, NO.52661, AGED 66 YEARS, S/O YAMANAPPA, 4538/16/1, NANDIKOL GUDI ONI MANGALAWAR PETH, DHARWAD, KARNATAKA DISTICT.


12. P.GEORGE SAIBU, EX-L P M, NO.84428, AGED 65 YEARS, S/O LATE K.G.GEORGE STATLAND, PARENTHAL (PO), PANDALAM, KERALA STATE.

13. PARAYIL MOHANAN, EX-POEL(R), NO.202727 W, AGED 54 YEARS, S/O LATE KUNJAMBU NAIR, MANJEERAM, THULICHERRY ROAD, TALAP, KANNUR DISTRICT, KERALA STATE.

14. T.S.THOMAS, EX-TEL I, NO.55060, AGED 63 YEARS, S/O SAMUEL K.S., THALATHAYIL HOUSE, PATHANAMTHITTA DISTRICT, KERALA STATE.

15. C.M.MATHEW, EX-POELP, NO.68754, AGED 66 YEARS, S/O THOMAS MATHAI, CHERAPURATH HOUSE, PANDANAD WEST, CHENGANNUR, ALAPPPUZHA DISTRICT, KERALA STATE.

BY ADV. BY ADVS.M/S.M.V.THAMBAN, R.REJI, THARA THAMBAN & B.BIPIN.

VERSUS

RESPONDENTS:-


NEW DELHI-110 011.




BY ADV. TOJAN J VATHIKULAM, CENTRAL GOVT. COUNSEL

O.A.No.2 OF 2014 APPLICANTS:-

1. USHA SOMAN, AGED 54 YEARS, W/O LATE K.SOMAN PILLAI, (EX-L/TEL, NO.84022), RESIDING AT CHITHIRA HOUSE, KULAKKADU, YAMUNA NAGAR, THIRUVALLA, PATHANAMTHITTA DISTRICT, KERALA STATE. 2. VASUMATHI SEKHARAN, AGED 63 YEARS, W/O LATE SEKHARAN (EX.PETTY OFFICER TELEGRAPHIST NO.81447), RESIDING AT KANDANGATH HOUSE, MULLASSERY PO, THRISSUR DISTRICT, KERALA STATE.


3. USHA JOSE, AGED 50 YEARS, W/O LATE K.F.JOSE, (EX-LMA, NO.59954), RESIDING AT KUNDUKULAM HOUSE, THIRUNELLUR PO, PUVATHUR (VIA), THRISSUR DISTRICT, KERALA STATE.

4. SUMA SAJEEV, AGED 43 YEARS, W/O LATE M.N.SAJEEV, (EX-LRO (TEL), NO.200529 Z), RESIDING AT SRUTHY, KOTTA PO., KARAKKAD, PATHANAMTHITTA DISTRICT KERALA STATE.

5. SOOSAN FRANCIS, AGED 61 YEARS, W/O LATE ELAVUNKAL ANTONY FRANCIS,

(EX-SIG I, NO.54312), RESIDING AT FLAT NO.2 D, RIVERIN APARTMENT, AROOKUTTY PO., ALAPPUZHA DISTRICT, KERALA STATE.


versus

RESPONDENTS: 1. UNION OF INDIA, REPRESENTED BY THE

SECRETARY, MINISTRY OF DEFENCE, SOUTH BLOCK, NEW DELHI- 110 011.

2. THE CHIEF OF NAVAL STAFF, NAVAL HEADQUARTERS, NEW DELHI – 110 011.

3. THE COMMODORE, BUREAU OF SAILORS, CHEETAH CAMP, MANKHURD, MUMBAI – PIN -400 088.

4. THE PRINCIPAL CONTROLLER OF DEFENCE ACCOUNTS(PENSION) DRAUPADI GHAT, ALLAHABAD - PIN -211 014. . BY ADV. TOJAN J. VATHIKULAM, CENTRAL GOVERNMENT COUNSEL.

O.A.No3 OF 2014

APPLICANTS:

1. BABEN MATHEWS, EX -AG. POAOF, NO.097705 H, AGED 57 YEARS, S/O MATHEW, THOPPIL HOUSE, NEERICODE PO.,ALANGAD (VIA), ERNAKULAM DISTRICT, KERALA STATE. 2. NADIYADETH SREEVALSAN UNNY, EX-LEMP, NO.095859, AGED 60 YEARS, S/O LATE BHASKARAN NAIR, NADIYADETH HOUSE,


NELLEPPILLY PO., CHITTUR TALUK, PALAKKAD DISTRICT, KERALA STATE.


versus

RESPONDENTS: 1. UNION OF INDIA, REPRESENTED BY THE

SECRETARY, MINISTRY OF DEFENCE, SOUTH BLOCK, NEW DELHI- 110 011.



4. THE PRINCIPAL CONTROLLER OF DEFENCE ACCOUNTS(PENSION) DRAUPADI GHAT, ALLAHABAD - PIN -211 014. . BY ADV.SRI.TOJAN J.VATHIKULAM, CENTRAL GOVERNMENT COUNSEL.

O.A.No.5 OF 2014

APPLICANTS:

1. JOSEPH ANTONY MICHAEL ERIC DOWSON, EX-POELP, NO.89829, AGED 65 YEARS, S/O F.P.DOWSON, RESIDING AT STARLET, T.C.NO.24/1595, MERA NAGAR-87, THYCAUD PO., THIRUVANANTHAPURAM DISTRICT, KERALA STATE, PIN – 695 014.

2. B.CHANDRA BABU, EX-LS, NO.104140, AGED 58 YEARS, S/O K.BHASKARAN, RESIDING AT SOPANAM, GRACE PARK ROAD, PALACE WARD, ALAPPUZHA DISTRICT, KERALA STATE, PIN – 688 001.

3. K.RADHAKRISHNAN, EX-EM(P) 1, NO.57642 AGED 62 YEARS, S/O K. CHELLAPPAN NAIR, RESIDING AT PADMALAYAM, NEAR VELIVILAKAM TEMPLE, VAKKOM PO., THIRUVANANTHAPURAM DISTRICT, KERALA STATE, PIN – 695 308.


4. SIVADASAN KONNAMKUZHI CHOYIMADATHIL, EX-POEL (R), NO.095724 F, AGED 60 YEARS, S/O K.C.KUNJUKUTTY, RESIDING AT PANJAJANYAM, KADALUNDY NAGARAM PO., KERALA STATE.

5. K.VENUGOPALAN, EX-LEMP, NO.56590, AGED 63 YEARS, S/O LATE P.M.NAIR, RESIDING AT SREEYAS, GAS GODOWN ROAD,

PALAPPURAM PO., PALAKKAD DISTRICT, KERALA STATE – PIN- 679 103.

6. MOIDEEN K.M. EX-POELA, N.202721 (F), AGED 54 YEARS, S/O.CHEEKU K.M., RESIDING AT NAJATH, KILIYAMANNIL HOUSE, HAJIYARPALLY PO., MALAPPURAM DISTRICT. KERALA STATE, PIN – 676 519.

7. AKKALISSERY MEETHAL RAVEENDRAN, EX-L/TEL,NO.92839, AGED 62 YEARS, S/O A.M.KUNHIRAMAN, RESIDING AT MADONNA, THE RAVEES (AKKALISSERI MEETHAL), PANTHALAYANI, QUILANDY, CALICUT, KERALA STATE – PIN-673 305.

8. A.KUNJUNNI, EX-LEM(P), NO.91974, AGED 63 YEARS, S/O LATE A.V.KRISHNAN, RESIDING AT 28/3696, SONY BHAVAN, KUTHIRAVATTOM PO., KOZHIKODE DISTRICT, KERALA STATE, PIN – 673 016.

9. ABRAHAM JOSEPH, EX-POELR, NO.095496, AGED 61 YEARS, S/O CHACKO JOSEPH, RESIDING AT THAIPARAMPIL PUTHENPURA, AYMANAM PO., KOTTAYAM DISTRICT, KERALA STATE, PIN -686 015.

10. K.PREMKUMAR, EX-LEMP, NO.91975, AGED 63 YEARS, S/O.N.KUNHUNNY NAIR, RESIDING AT PADINJARAYIL HOUSE, PULLODE ROAD, UMMANCHIRA PO., TELLICHERRY, KANNUR DISTRICT, KERALA STATE, PIN- 670 649.

11. KONAT RAMACHANDRAN, EX-POM (E), NO.92086, AGED 63 YEARS, S/O P.MADHAVAN NAIR, RESIDING AT MANICKETH, M.P.ROAD, AKATHETHARA, PALAKKAD DISTRICT, KERALA STATE, PIN-678 085

12. SOMASEKHARAN RAMAN NAIR, EX-LEM (P), NO.56762, AGED 65 YEARS, S/O RAMAN NAIR, RESIDING AT PRAVEENAM, VAZHAMUTTOM EAST PO, MALLASSERY (VIA), PATHANAMTHITTA DISTRICT, KERALA STATE, PIN- 689 646. 13. ARAVINDAKHSHAN NAIR.P.G., EX-LEM(R), NO,57069,

AGED 64 YEARS, S/O N.GOVINDAN NAIR, RESIDING AT PONPUZHA HOUSE, VAZHAMUTTOM PO., OMALLOOR (VIA), PATHANAMTHITTA DISTRICT,

KERALA STATE, PIN – 689 647.


14. VELUKUTTY KOODATHINGAL, EX.LEMP, NO.56586, AGED 63 YEARS, S/O LATE RARUKUTTY K.P., RESIDING AT USHAS, KONNAMANGALAM POST, KOZHIKODE DISTRICT, KERALA STATE, PIN -673 571.

15. C.V.GEORGE, EX.WRITER-1, NO.58423, AGED 64 YEARS, S/O C.C.VARKEY, RESIDING AT CHAKKALACKAL HOUSE, KUTHIRICAL PO., ALAPPUZHA DISTRICT, KERALA STATE, PIN – 689 575.

16. T.A.THOMAS, EX.AG.LEM(P) NO.104938 Y, AGED 58 YEARS, S/O T.T.ASTHAPPAN, RESIDING AT THUNDYIL HOUSE, PLASSANAL PO., KOTTAYAM DISTRICT, KERALA STATE, ,PIN-686 579.

17. K.P.RAMACHANDRAN, EX.LMMP, NO.095723 B, AGED 60 YEARS, S/O LATE N.KUTTY KRISHNAN NAIR, RESIDING AT NIVEDHYA, THAIKKAD PO., GURUVAYOOR, THRISSUR DISTRICT, KERALA STATE, PIN – 680 104.

18. SURESH KUMAR S.V., EX.POELA, NO.200611 K., AGED 56 YEARS, S/OK.V.KUNHIANANDAN NAIR., RESIDING AT SRAVAN, THERVAYAL, NILESHWAR PO., KASARAGOD DISTRICT, KERALA STATE, PIN-671 314.

19. GEORGE VARUGHESE, EX.AG.LMA, NO.057740 B, AGED 61 YEARS, S/O LATE P.G.VARUGHESE. RESIDING AT PLAPRAPADICKEL HOUSE, THOTTABHAGAM PO., THIRUVALLA, PATHANAMTHITTA DISTRICT, KERALA STATE, PIN- 689 541.

20. GEORGE VARUGHESE, EX.LEADING SIGNALMAN, NO.54990, AGED 64 YEARS, S/O LATE ISSAC GEORGE, RESIDING AT SHOPPIL SAM VILLA, NADACAVE, MAVELIKARA, ALAPPUZHA DISTRICT, KERALA STATE, PIN – 690 101.


versus

RESPONDENTS: :

1. UNION OF INDIA, REPRESENTED BY THE SECRETARY, MINISTRY OF DEFENCE, SOUTH BLOCK, NEW DELHI- 110 011.




4. THE PRINCIPAL CONTROLLER OF DEFENCE ACCOUNTS(PENSION) DRAUPADI GHAT, ALLAHABAD - PIN -211 014. . BY ADV.SRI.TOJAN J.VATHIKULAM. CENTRAL GOVERNMENT COUNSEL.

O.A.NO.7 OF 2014

APPLICANT: CHERUKAD ISSAC EDWARD, EX-LEM ( R), NO.105293 B, AGED 58 YEARS, S/O C.J.EDWARD, CHERUKAD HOUSE, EDATHUA PO., ALAPPUZHA DISTRICT, KERALA STATE.


VERSUS

RESPONDENTS:

1. UNION OF INDIA, REPRESENTED BY THE SECRETARY, MINISTRY OF DEFENCE, SOUTH BLOCK, NEW DELHI- 110 011.



4. THE PRINCIPAL CONTROLLER OF DEFENCE ACCOUNTS(PENSION) DRAUPADI GHAT, ALLAHABAD - PIN -211 014. . BY ADV.SRI.TOJAN J.VATHIKULAM. CENTRAL GOVERNMENT COUNSEL.

O.A.No. 13 of 2014

APPLICANTS: 1. D.M.J. JAYAKUMAR, EX-POELR,

NO. 096557 Z, AGED 57 YEARS, S/O. S. DAVID,C/O. MR. D. PHILIP SELVA KUMAR, 29, 1ST MAIN ROAD, OLD MANJUNATH LAYOUT,RAMAMURTHY NAGAR, BANGALORE,REPRESENTED BY POWER OF ATTORNEY HOLDER


SHRI. D. PHILIP SELVA KUMAR, S/O/ S. DAVID,RESIDING AT 29, 1ST MAIN ROAD,OLD MANJUNATH LAYOUT, RAMAMURTHY NAGAR,BANGALORE, KARNATAKA STATE.

2. MUTTATHU DAVID GEORGE, EX-TEL-I, NO. 55564, AGED 62 YEARS, S/O. LATE M.J. DAVID, MUTTATHU PEACE COTTAGE, MATHOOR (PO)

PATHANAMTHITTA DISTRICT, KERALA STATE,REPRESENTED BY POWER OF ATTORNEY HOLDERMRS. LALI GEORGE, AGED 55 YEARS,W/O. MUTTATHU DAVID GEORGE,MUTTATHU PEACE COTTAGE, MATHOOR P.O.,PATHANAMTHITTA DISTRICT, KERALA STATE.

BY ADVS. M/S.M.V. THAMBAN, R. REJI, THARA THAMBAN, & B. BIPIN

versusRESPONDENTS:

1. UNION OF INDIA, REPRESENTED BY THE

SECRETARY, MINISTRY OF DEFENCE, SOUTH BLOCK, NEW DELHI – 110011.


3. THE COMMODORE, BUREAU OF SAILORS,CHEETAH CAMP, MANKHURD, MUMBAI – PIN 400 088.

4. PRINCIPAL CONTROLLER OFDEFENCE ACCOUNTS (PENSION)DROUPATHI GHAGT, ALLAHABAD, PIN 211 014.

BY ADV. SRI. P.J. PHILIP, CENTRAL GOVT. COUNSEL.

O.A.NO. 17 OF 2014

APPLICANTS:

1. K.C.VENUGOPALAN NAIR, EX L/TEL NO. 86241, AGED 70 YEARS, S/O.LATE K.PARAMESWARAN PILLAI, RESIDING AT NIRMAL (ANCHAKULATH), PERUVARAM WEST NADA, NORTH PARAVUR P.O., ERNAKULAM DISTRICT, KERALA STATE,PIN 683 513.


2. K.OOMMEN EX LEMP NO.67576, AGED 72 YEARS, S/O.KURIAN, RESIDING AT JAYASADANAM, PLAPPALLY.P.O.,, PULAMON, KOTTARAKKARA, KOLLAM DISTRICT, KERALA STATE, PIN – 691 531.

3. BABY THOMAS, EX L/TEL NO.69388, AGED 67 YEARS, S/O.ITTY THOMAS, RESIDING AT THANAKANDATHIL HOUSE, KURISUMMOODU.P.O., CHANGANACHERRY, KOTTAYAM DISTRICT, KERALA STATE , PIN 686 104.

4. T.V.SURESH, EX LME NO.104136 Z AGED 57 YEARS, S/O.THOTTIYIL VELAYUDHAN, HOUSE NO. VIII/1772 A, KOOVAPPADAM, MATTANCHERRY.P.O., ERNAKULAM DISTRICT, KERALA STATE, PIN 682 002.

5. K. SUDHAKARAN EX LME NO. 097782 H, AGED 57 YEARS, S/O.B.KUNHIKANAN, RESIDING AT NIHAS, THIRUVANGAD.P.O., THALASSERY, KANNUR DISTRICT, KERALA STATE, PIN - 670 103.

6. THANKAPPAN NAIR MURALEEDHARAN NAIR, EX AG, LME NO.96978 F, AGED 59 YEARS, S/O.THANKAPPAN NAIR, RESIDING AT 'ARCHANA', T.C.17/1935(1), NARAYANA LANE, PURA – 154, PALACE ROAD, POOJAPPURA.P.O., THIRUVANANTHAPURAM, KERALA STATE, PIN – 695 012.

BY ADVS. M/S.M.V. THAMBAN, R. REJI, THARA THAMBAN, & B. BIPIN.

VERSUS

RESPONDENTS:

1. UNION OF INDIA REPRESENTED BY ITS SECRETARY, MINISTRY OF DEFENCE, SOUTH BLOCK, NEW DELHI-110 011.

2. THE CHIEF OF THE NAVAL STAFF, NAVAL HEADQUARTERS, NEW DELHI – 110 011.

3. THE COMMODORE BUREAU OF SAILORS, CHEETAH CAMP, MANKHURD, MUMBAI – 400 088.

4. THE PRINCIPAL CONTROLLER OF DEFENCE ACCOUNTS (PENSION), DROUPATHI GHAT, ALLAHABAD, PIN 211 014.

BY ADV.SRI. P.J. PHILIP, CENTRAL GOVT. COUNSEL


O.A.NO.18 OF 2014: APPLICANT:

PADMANABHAN DAMODARAN PANICKER AGED 69 YEARS,S/O.LATE SHRI PADMANABHAN (EX NO.68553 L/TEL OF INDIAN NAVY),HOUSE NO. 11/371, KAVITHA VILAS,INS DRONACHARYA ROAD, FORT KOCHI,ERNAKULAM DIST, KERALA – 682 001.

BY ADV.SRI.T.R.JAGADEESH.

VERSUS

RESPONDENTS:




4. THE PRINCIPAL CONTROLLER OF DEFENCE ACCOUNTS NAVY (PENSION), POST BOX NO.589, NO.1 COOPERAGE ROAD, MUMBAI – 400 039.

BY ADV.SRI.P.J. PHILIP, CENTRAL GOVT. COUNSEL

O.A.NO. 19 OF 2014 :

APPLICANT:

SYAMALA NAIR, AGED 60 YEARS,W/O.LATE NEELAKANDAN NAIR,L.TEL NO.48889

RESIDING AT : MUTHAKKULATHU PADEETTATHIL, PILAPPUZHA, HARIPAD.P.O., ALAPPUZHA DISTRICT, KERALA STATE, PIN – 695 012.


VERSUS


RESPONDENTS:






O.A.NO.20 OF 2014 APPLICANT:

SHEKHARAN RATNAKARAN, EX-L/STD. NO.81796,AGED 69 YEARS, S/O.SHEKHARAN,RESIDING AT:“ASWATHY”, VIKAS NAGAR, KUNDANNOOR,MARADU.P.O., ERNAKULAM DISTRICT,KERALA STATE, PIN – 682 304.


VERSUS

RESPONDENTS:






O.A.NO. 21 OF 2014:

APPLICANT:

M.K.GOPALAKRISHNA PANICKER,EX LME NO. 105387, AGED 57 YEARS,S/O.MUNDAKKALIL KUTTAN PILLAI,MUNDAKKALIL HOUSE, ERUVILLIPRA,THIRUMOOLAPURAM.P.O.THIRUVALLA, PATHANAMTHITTA DISTRICT,KERALA STATE.


VERSUS

RESPONDENTS;






O.A.NO. 28 OF 2014

APPLICANT

PATHADAN SEBASTIAN THARIATH, AGED 80 YEARS,S/O. LATE SHRI.SEBASTIAN (EX NO.50251 CHERA OFINDIAN NAVY), PATHADAN HOUSE,KALAPPURACKAL, PANGARAPPILLY P.O.,ERNAKULAM DST., KERALA - 682 314.


VERSUS


RESPONDENTS

1. UNION OF INDIA, REPRESENTED BY ITS SECRETARY, MINISTRY OF DEFENCE, SOUTH BLOCK, NEW DELHI – 110011.

2. THE CHIEF OF THE NAVAL STAFF, NAVAL HEADQUARTERS,NEW DELHI – 110 011.


4. THE PRINCIPAL CONTROLLER OF DEFENCE ACCOUNTS NAVY, (PENSION), POST BOX NO.589, NO.1 COOPERAGE ROAD,MUMBAI – 400 039.

ORDER

Shrikant Tripathi, Member (J):

By these Original Applications, the applicants have prayed for

granting them reservist pension. Therefore, with the consent of the

learned counsel for the parties, all the matters were heard together

and are being disposed of by this common order.

2. We have heard M/s. V.K. Sathyanathan. Thamban M.V.,

Remesh C.R., Jagadeesh T.R. and P. Sreekumar for the applicants

and M/s. S. Krishnamoorthy, Senior Panel counsel and Tojan J.

Vathikulam and P.J. Philip, Central Government Counsel for the

respondents and perused the records.


3. We had occasion to consider the question, as to when a

sailor will be deemed to have been transferred to fleet reserve and

when he is entitled to reservist pension, in O.A. No. 8 of 2013 while

rendering the final order on 22nd January, 2014. We had made the

relevant observations in paragraphs 25 and 26 of the order, which are

reproduced as follows:

“25. Salient points that emerge from the above

Regulations, which are of relevance in this case are:--

(a) Sailors having 10 years continuous service shall

be liable, if required, for further service in Indian Fleet

Reserve, subject to provisions of Regulations for Indian

Fleet Reserve (Regulation 269).

(b) When an active service rating is within six

months of completion of his term of enrollment, the

Commanding Officer has to inform the Registrar of

Reserves whether or not he is recommended for

Fleet Reserve Service and his service certificate is to

be endorsed accordingly (Regulation 11 of Fleet

Reserve).

(c) Qualifications have been specified for enrolment into

Fleet Reserves. Joining Reserves is not a Right

(Regulations 4 and 6 of Fleet Reserves).


(d) Recruiting officers are mandated to explain and make

the recruits fully understand terms and conditions of service

and liabilities before they are enrolled into the Navy

(Regulation 264 of Regulations for the Navy).

(d)

(e) A Fleet Reservist Certificate will be issued to each

person on enrolment in Fleet Reserves.

26. It is evident from the Regulations that a

Sailor after his active service has to be drafted into Fleet

Reserve and it is not an automatic re-enrollment. There

is no specific claim or right to join the Fleet Reserve as

there are terms and conditions which have to be fulfilled

by a person before he can be drafted into Fleet Reserve.

It is also evident that, at the time of initial

enrollment no recruit can be given any

guarantee/promise of his being enrolled into Fleet

Reserve as his performance in the active service

and recommendations he receives would decide

his eligibility for enrollment into Fleet Reserve.

Therefore even prior to the promulgation of policy for

discontinuance of drafting into Fleet Reserve from 1976,

Respondents 1 and 2 were clearly at liberty to decide if a

Sailor is to be enrolled into Fleet Reserve or not. In view

of the above, we cannot agree with the submission of the

learned counsel for applicants that they were made to

understand anything else.”


4. We had also considered in the aforesaid Original Application

the doctrine of promissory estoppel and its application with reference

to the term of engagement and recorded the relevant findings in

paragraphs 27, 28, 29 and 30 of the order, which are reproduced as

follows:

“27. We will now consider if the principle of

promissory estoppel can be applied in this given case

against the Government. While explaining the doctrine of

promissory estoppel in Motilal Padampat Sugar Mills

v. State of Uttar Pradesh (AIR 1979 SC 621), the Apex

Court held as follows:

“....where one party has by his words or conduct

made to the other a clear and unequivocal promise

which is intended to create legal relations or affect a

legal relation ship to rise in the future, knowing or

intending that it would be acted upon by the other

party to whom the promise is made and it is in fact

so acted upon by the other party, the promise would

be binding on the party making it and he would not

be entitled to do back upon it, if it would be

inequitable to allow him to do so having regard to

the dealings which have taken place between the

parties, and this would be so irrespective whether


there is any pre-existing relationship between the

parties or not.”

28. In the matter of Bakul Cashew Co. vs.

S.T.O. (1986) SCC 365, the Apex Court reiterated the same

principle and held as follows:

“Three principles are evolved in order to protectthe applicability of doctrine of promissoryestoppel against the government. They are (i)that there was a definite representation by theGovernment, (ii) that the person to whom therepresentation or promise was made, in factaltered their position by action upon suchrepresentation and (iii) that he has sufferedsome prejudices sufficient to constitute anestoppel.”

29. In the matter of State of Haryana vs.

Mahavir Vegetable Oils (P) Ltd., SLP (c) No.16227 of

2009, the Apex Court while reiterating the principles laid

down in Motilal Padampat Sugar Mills (supra) held that

the doctrine of promissory estoppel is an equitable remedy

and has to be moulded depending on the facts of each case

and not straitjacketed into pigeon holes . The Apex Court

further explained that there cannot be any hard and fast

rule for applying the doctrine of promissory estoppel but

the doctrine has to evolve and expand itself so as to do

justice between the parties and ensure equity between the

promisor and the promisee.


30. We have to see as to what promise had been

made to the applicants and if any promise had been made,

whether the same was sufficient to attract the doctrine of

promissory estoppel. What is stated by the applicants is

that they were enrolled for 10 years of active service and

were made to understand that on completion, they had to

serve another 10 years in Fleet Reserve. Therefore,

according to the applicants, by this fact itself, the

respondents were bound by the doctrine of promissory

estoppel and had no justification to withdraw therefrom. In

our view, the enrolments of the applicants in the aforesaid

manner were nothing except that their terms and conditions

of service were such as to make them liable to serve in the

Indian Fleet Reserve on completion of active service and to

make them eligible under Regulation 269 for being

transferred to Indian Fleet Reserve. Mere

recruitment/enrollment for active as well as reserve service

without making any order of transfer to Indian Fleet Reserve

under Regulation 269 of the Navy and relevant Regulations

of Indian Fleet Reserve cannot be treated to be a complete

promise to place the applicants in Fleet Reserve. The

question of transfer to Indian Fleet Reserve arises only on

completion of active service and not prior to that. As

brought out earlier, Regulations lay down conditions to be

met during active service to become eligible for enrollment

into Fleet Reserve and hence no promise/guarantee can be

given at the time of initial enrolment into the Navy of being


inducted into Fleet Reserves. Therefore, whatever promise

was made at the time of enrolment of the applicants was

merely a promise to put the applicants on reserve liability to

serve, if required, in Reserves, so as to make them eligible

for being transferred to Indian Fleet Reserve under relevant

regulations and nothing more. We therefore do not agree

with the submissions that mere enrollment for both active

and reserve service amounts to a complete promise to

transfer the applicants to Indian Fleet Reserve. In view of

the above, the principle of promissory estoppel is not

applicable in this case.

5. In O.A.No. 8 of 2013 we had also considered the question

of relevancy of certificate of service disclosing the period of

engagement of 10 years fleet reserve service and recorded the

relevant findings in paragraphs 32 to 34, which are reproduced as

follows:

“32. The applicants have tried to contend that at

the time of discharge, in the Certificate of Service issued

to each of them, a period of engagement in Fleet Reserve

of 10 years is indicated. Therefore, the applicants were

required to be treated as in Fleet Reserve on completion

of their normal tenure in active service. In our view, the

aforesaid submission has no substance.


33. Page 1 of the Certificate of Service produced by the

applicants indicates amongst other details, the period for which

they were engaged at the time of enrollment for active service

and for Fleet Reserves. The actual details of their service are

given at subsequent pages of the Certificate. In all cases a

specific date of discharge has been shown, which indicates that

their engagement with Navy has expired on that date. Copy of

the same documents produced by the respondents indicates

additional details such as payment of gratuity and verification of

the certificates which were not legible in the copies submitted

by the applicants. There is no specific endorsement in any of

the Service Certificates submitted by the applicants on their

being enrolled into Fleet Reserve, of having undergone reservist

training or any recommendations by their Commanding Officers

for their enrollment into Fleet Reserve. All such entries were

mandated according to regulations in case they were drafted

into Fleet Reserve. This is in accordance with Section 17(4)(c) of

the Navy Act which states that the full period of service in the

Navy and the Indian Naval Reserve Force is to be indicated. It is

also pertinent to bring out that as the Certificates were given to

them on their discharge from regular service, nobody could in

advance have indicated their period of time spent in Reserve

Forces. Such an entry could have been made only after they

complete their time in Fleet Reserve. Therefore this

endorsement on page 1 of the certificate merely indicated their

liability at the time of enrolment to be inducted into Fleet

Reserve, provided all other terms and conditions in the

regulations were met. None of the applicants have also

produced any Fleet Reservist Certificate which would have been

issued to them had they been enrolled into Fleet Reserve. In

our view, therefore, a mere endorsement on page 1 of the


Certificate does not prove the claim of the applicants that they

served in Fleet Reserve for 10 years on completion of their active

service.

34. All these facts and the various provisions of the

Act and the Regulations make it amply clear that the

applicants were not enrolled into Fleet Reserves. As all the

applicants were discharged from service after 1976 when

the Government ordered stoppage of drafting into Fleet

Reserve, we take the word of the counsel for the

respondents that the practice of specific notation in the

Certificate of Service of not being drafted into Fleet

Reserves was done away with.”

6. The learned counsel for the applicants tried to contend that

O.A. No.8 of 2013 was not correctly decided because in view of the

fact that Regulation 280(5) of the Navy Regulations Part III lost the

sight of the Bench. According to the learned counsel, Regulation 280

of the Navy Regulations, Part III provides as to how discharge on

compassionate ground is to be allowed. Sub-regulation (5) empowers

the Chief of the Naval Staff, while allowing the request for premature

discharge from service, to fix the liability on the individual to serve for

the unexpired portion of his original service engagement as fleet

reserve, in addition to the period for which he is normally required to

serve in the fleet reserve under the terms of his original


engagement. The learned counsel for the applicants, therefore, tried

to contend that even the original term of engagement could provide

both active and fleet reserve service and in such matter, transfer to

fleet reserve as per Regulation 269 was not required.

7. It is true that there could be engagement at the beginning

for active service as also for fleet reserve service. But merely

because of such engagement, the individual cannot be said to have

acquired any right to serve in reserve, unless transferred to reserve

service in terms of Regulation 269 on completion of the active

engagement. So, in our view, the question of transferring a person

to fleet reserve could arise only at the end or near the end of the

regular engagement of the service and any type of assurance given to

the individual at the time of entry to take him in reserve could not be

treated to be an appointment in fleet reserve at that time. One could

be transferred to fleet service only on completion of active service. In

our view, Regulation 280(5) of the Navy Regulations is of no help to

the applicants.

8. The individual case of each of the applicants need to be

examined in the back drop of the above principle.


O.A.No.142 of 2010:

(a) Balakrishnan Pillai.M. No.57150 Ex LEMP was enrolled into

the Navy on 14 Jan 1969 and discharged on 28 Feb 1979 on expiry

of engagement. There is no notation of his being enrolled in Fleet

Reserves.

(b) Kunnan Cheri Sanath Kumar, No.105267W Ex LME was

enrolled into the Navy on 10 April 1975 and discharged on 30 April

1985 on expiry of engagement. There is no notation of his being

enrolled in Fleet Reserves.

(c) Raghavan Nair Gopinatha Panicker, No.57109 Ex LME was

enrolled into the Navy on 11 Jan 1969 and discharged on 31 Jan

1979 on expiry of engagement.

(d) K.Chandra Mohanan, No.201267A Ex LEMP was enrolled as a

Boy on 12 Jan 1974 and Oath of Allegiance was taken by him on 14

Jan 1974. He was discharged from the Navy on 31 May 1985 on

expiry of engagement. There is no notation on page 1 of the

Certificate of Service of any liability on his part of Fleet Reserves or

is there any notation in the Certificate of having been enrolled into

Fleet Reserves.

(e) Sundaresan Pillai.B, No.57214 Ex LEMP was enrolled into


the Navy on 16 Jan 1969 and discharged on 28 Feb 1979 on expiry

of engagement.

1. O.A.No.106 of 2012:

Sankaran Nair Ravindran Pillai, No.89748 Ex Ag.PO (Tel) was

enrolled as a Boy on 19 Mar 1964 and Oath of Allegiance was taken

by him on 21 March 1964. He was discharged from service on 31

Jan 1977 on expiry of engagement.

O.A.No.189 of 2013:

(a) Cherayil Thomas Jacob No.82716 Ex C1 was enrolled into

the Navy on 25 April 1964 and discharged on 24 April 1974 on

expiry of engagement. There is a specific notation that says not

drafted into Fleet Reserve as not required.

(b) Mukkungal Pappu John No.54301 Ex Tel 1 was enrolled into

the Navy on 17 April 1968 and discharged on 30 April 1978 on

expiry of engagement (duplicate).

(c) Joy Louis No.69349 Ex LEMR was enrolled into the Navy

on 18 Jan 1965 and discharged on 31 Jan 1975 on expiry of

engagement. There is a specific notation that says not drafted into

Fleet Reserve as not required.

(d) Rajendra Babu Valiya Parambil Kumaran No.88620 Ex POELR


was enrolled as a Boy on 10 Dec 1962 and Oath of Allegiance was

taken by him on 11 Dec 1962 and was discharged on April 1974.

There is a specific notation that says not drafted into Fleet Reserve

as not required. (duplicate)

(e) William Xavier Chelat No.105043 Ex EMPI K was enrolled on

10 Jan 1975 and discharged on 31 Jan 1985 on expiry of

engagement.

(f) Joy Joseph, No. 200856 Ex Sea-I was enrolled as a Boy on

14 June 1973 and Oath of Allegiance was taken on 17 June 1973.

He was discharged on 3 April 1984 on compassionate ground

(duplicate).

(g) Antony George Kalathil George No.94617 Ex Sea-I was

enrolled as a Boy on 15 June 1968 and Oath of Allegiance was taken

on 17 June 1968. He was discharged on 30 Sep 1979 on expiry of

engagement. (duplicate)

(h) Thaluthara Nikarth Kochupappu Francis No.82845 Ex Sea-I

was enrolled on 20 July 1964 and discharged on 19 July 1974 on


drafted to Fleet Reserve as not required.

(i) Naduvilathayil Antony Joseph No. 93601 Ex LME was


enrolled as a Boy on 18 Sep 1967 and Oath Allegiance was taken by

him on 20 Sep 1967 and he was discharged on 31 Dec 1978 on

expiry of engagement (duplicate).

(j) Kannath Bahuleyan Venu, No. 104424B Ex Ag.LRO (Spl) was

enrolled on 25 April 1974 and discharged on 30 April 1984 on expiry

of engagement. (duplicate)

(k) Necholil Oothuppu Jose No.51653 Ex Ag. LME (TY) was

enrolled on 28 Jan 1967 and discharged on 10 Feb 1978 on expiry

of engagement (duplicate).

(l) Prabhakaran Pillai Vijayan Nair Ex Sea-I No. 82778 was


of engagement. There is a specific notation that says not drafted

into Fleet Reserve as not required.

(m) A. George George No.69035 Ex Prov.Ag.POELP was




O.A.No.192 of 2013:

(a) Easwaranparambil Kuriakose Scaria No. 55636 Ex LME

was enrolled on 14 Oct 1969 and discharged on October 1979 (?) on


expiry of engagement.

(b) Viswanathan Surendranath No. 103930 F Ex LEMP was

enrolled on 02 Nov 1973 and discharged on 30 Nov 1983 on expiry

of engagement.

(c) Vasudevan Nair Narayanan Nair No.103449 Ex LS was

enrolled on 04 July 1973 and discharged on 31 July 1983 on expiry

of engagement.

(d) Aluvilaveedu Chacko Panicker Jacob No.91280 Ex L/Tel

was enrolled as a Boy on 04 Dec 1965 and had taken Oath of

Allegiance on 06 Dec 1965. He was discharged on 31 Mar 1978 on


(e) Lawrance Baby V.T, No. 56622 Ex Sea I was enrolled on

06 Nov 1967 and discharged on 30 Nov 1977 on expiry of


(f) Vallath Falgunan No. 103276W Ex LS was enrolled on 09

July 1973 and discharged on 01 June 1983 on expiry of engagement.

(g) Mohanan.N, No.93457 Ex TEL I was enrolled as a Boy on

29 June 1967 and Oath of Allegiance was taken by him on 02 July

1967 and was discharged on 30 Nov 1978 on expiry of engagement.

(h) Gopalakrishna Pillai C, No.85835 Ex L/Tel was enrolled on


18 April 1967 and discharged on 30 April 1978 on expiry of

engagement.

(i) Ramachandra Kurup Janardhan Kurup No. 56442 Ex SA I



(j) Padinja Thummuri Joseph Cleetus No.84333 Ex Ag.L/Tel

(duplicate) was enrolled on 19 July 1966 and discharged on 31 July

1976 on expiry of engagement. There is a specific notation that

states not drafted into Fleet Reserve as not required.

(k) Kodithadathil Kuruvilla Mathew No. 91724 Ex LEMP was

enrolled as a Boy (duplicate) on 04 Jun 1966 and Oath of Allegiance

was taken on 06 Jun 1966. He was discharged on 30 Sep 1977 on


(l) Punnoose Puthenveedu George No. 53289 Ex Tel I was

enrolled on 19 Jul 1967 and discharged on 31 July 1977 on expiry of


(m) Sivanandan K Velu No. 56896 K Ex Ag.POELR was

enrolled on 16 July 1968 and was discharged on 31 Aug 1980 on


(n) Manmathan Asari.K.K. No.85718 Ex L/Tel was enrolled

on 20 April 1967 and discharged on 28th Feb 1978 on expiry of


engagement.

(o) Kalannamannil Philipose Philip No.54116 Ex Lam was

enrolled on 17 April 1968 and discharged on 30 April 1978

(duplicate) on expiry of engagement.

(p) Govinda Pillai Rajasekharan No. 55637 Ex LME was enrolled

on 18 Oct 1969 and discharged on 31 Oct 1979 on expiry of

engagement.

(q) Chakkettail George Thomas (duplicate) 54414 Ex Sea I was

enrolled on 15 July 1968 and discharged on 31 July 1978 on expiry

of engagement.

(r) Malayil Peedikayal Daniel Abraham No.59459 Ex LSA was


of engagement.

(s) Panachical Pothen Easow No. 54970 Ex Sig I was enrolled


engagement (duplicate) .

(t) U S Joseph No. 42848 Ex Mus I (duplicate) was enrolled

on 02 Nov 1967 and discharged on 30 Nov 1977 on expiry of

engagement.


O.A.No.193 of 2013:

(a) Joy Jacob No.69121 Ex Ag.LEMP was enrolled into the

Navy on 21 July 1964 and discharged on 20 July 1974 on expiry of

engagement. There is a specific notation on page 3 of Certificate of

Service (duplicate) that says not drafted into Fleet Reserve as not

required.

(b) Kodiathu Kuriakose No.82612 Ex LS was enrolled into the

Navy on 20 April 1964 and discharged on 20 Jan 1974 on expiry of



(c) Eapen Ninan No.90289 Ex Ag.L/Tel was enrolled as a Boy

on 7 Dec 1964 and Oath of Allegiance was taken on 7th Dec 1964. He

was discharged on 20 Aug 1975 on compassionate grounds. There

is a specific notation that says not drafted into Fleet Reserve as not

required. (duplicate)

(d) Kallikunnil Varghese Mathai Ex LS No.82807 was enrolled

into the Navy on 02 May 1964 and discharged on 21 May 1974 on


drafted into Fleet Reserve as not required.(duplicate)

(e) Vilayakattu Kuruvila George No. 88804 Ex Sig was enrolled

as a Boy on 11 March 1963 and Oath of Allegiance was taken by


him on 13 March 1963. He was discharged from service on 30 Sep


says not drafted into Fleet Reserve as not required.

(f) Kaichira Abraham Abraham No.84209 Ex Sig I was enrolled

on 20 April 1966 and discharged on 30 April 1976 on expiry of


Fleet Reserve as not required.(duplicate)

(g) Ramapurath Chacko Mathew No. 90354 Ex L/Tel was enrolled

as a Boy on 19 Dec 1964 and Oath of Allegiance was taken by him

on 11 Dec 1964. He was discharged from service on 31 Nay 1976

on expiry of engagement. There is a specific notation that says not

drafted into Fleet Reserve as not required.

(h) Jose Ipe No.68587 Ex L/Sig was enrolled on 19 July 1965

and discharged on 31 July 1975 on expiry of engagement. There is

a specific notation that says not drafted into Fleet Reserve as not

required. (duplicate)

(i) Eappenparambil Daniel Rajan No. 69346 Ex Tel I was

enrolled on 18 Jan 1965 and discharged on 31 Jan 1975 on expiry of




(j) Janardanan K.A No. 68809 Ex L/Tel was enrolled on 22

Jan 1966 and discharged from service on 31 Jan 1976 on expiry of


Fleet Reserve as not required. (duplicate)

(k) Mathew Mathaikoruthu No.68669 Ex L/Tel was enrolled

on 19 Oct 1965 and discharged 19 Oct 1975 on expiry of



(l) Thangaraj Selvaraj No. 68452 Ex Ag POME(TY) was

enrolled on 17 April 1965 and discharged on 31 May 1975 on expiry



(m) Kunjan Chandra Mohan No.69328 Ex L/Tel was enrolled on




O.A.No.201 of 2013:

(a) Narayanan Mangalathu Kesavaru Kesavaru Nampoothiri

No. 057239 R (duplicate) Ex POELP was enrolled on 16 Jan 1969

and discharged on 31 Aug 1980 on expiry of engagement.


(b) Georgekutty Puthenpalli Moothadathu Kochukurian No.

057582W (duplicate) Ex LEMP was enrolled on 15 Oct 1969 and

discharged on 31 Oct 1980 on expiry of engagement.

(c) Nandan Mangli No. 59780 Ex Ag LMA was enrolled on 21

July 1969 and discharged on 31 July 1979 on expiry of engagement.

(d) Haridasan U.P. 56323 (duplicate) Ex EMP I was enrolled

on 18 Apr 1967 and discharged on 30 Apr 1977 on expiry of

engagement.

(e) K. Chacko Thomas No. 53299 (duplicate) Ex Ag LS was

enrolled on 17 July 1967 and was discharged on 31 July 1977 on


(f) Yohannan Kuzhipparampil Kizhakthil No. 057486 was

enrolled on 12 July 1969 and was discharged on 30 Nov 1980 on


(g) Padmanabhan Nair Achuthan Nair No. 54792 Ex L/Tel

(duplicate) was enrolled on 14 Oct 1968 and discharged on 31 Jan


(h) George Mathew No.55557 (duplicate) Ex TEL I was enrolled

on 14 July 1969 and discharged on 31 July 1979 on expiry of

engagement.

(i) Mathew Abraham No. 91578 (duplicate) Ex LEMR was



on 16 Mar 1966 and discharged on 30 Sep 1977 on expiry of

engagement.

(j) Kadakethe Thomas Thomas No. 92738 (duplicate) Ex Sea I

was enrolled as a Boy on 27 Dec 1966 and Oath of Allegiance was

taken on 29 Dec 1966. He was discharged on 31 Jan 1980 on


(k) Plammotil George Koshy No. 90257 (duplicate) Ex LME was

enrolled as a Boy on 17 Sep 1964 and Oath of Allegiance was taken

on 19 Sep 1964 and was discharged on 07.01.1976 (Date not

readable) on expiry of engagement. There is a specific notation

that says not drafted into Fleet Reserve as not required.

(l) Alassakodam Joseph Xavier NO.95860R Ex LEMP was


by him on 27 June 1969 and discharged on 31 Oct 1980 on expiry

of engagement.

(m) K.P.Gopinathan No. 202933 N Ex LEMP was enrolled as a

Boy on 10 July 1975 and discharged on 31 Aug 1986 on expiry of

engagement.

(n) Angailthazhe Kurien Philip No. 95813 Ex Ag L/Sig (TY) was



on 25 June 1969 and was discharged on 30 Nov 1980 on expiry of

engagement.

(o) Venugovindan Kutty Vellapulli Pokat No. 095848N (duplicate)

Ex LEMP was enrolled as a Boy on 24 June 1969 and Oath of

Allegiance was taken on 27 June 1969 and was discharged on 31

Dec 1980 on expiry of engagement.

(p) Thattil Paul Samson No.96660 Ex LRO/TEL was enrolled as a

Boy on 24 March 1970 and Oath of Allegiance was taken on 28 Mar

1970 and discharged on 30 Nov 1981 on expiry of engagement.

(q) R.Ramachandra Poduval No.096661 Ex Ag LME was enrolled

as a Boy on 24 Mar 1970 and Oath of Allegiance was taken on 28

Mar 1970 and discharged on 30 Sep 1981 on expiry of engagement.

(r) Raghavan Pillai Vijayakumar No. 103299Y Ex LME was

enrolled on 05 July 1973 and discharged on 31 July 1983 on expiry of

engagement.

(s) Haridasan P No. 201818B Ex ME I was enrolled on 29 May

1974 and Oath of Allegiance was taken on the same day and was

discharged on 31 Oct 1985 on expiry of engagement.

(t) Cherukattu Mathai Mathew No. 096437A Ex LEMR was


enrolled as a Boy on 23 Dec 1969 and Oath of Allegiance was taken

on 26 Dec 1969. He was discharged on 31 May 1981 on expiry of

engagement.

O.A.No.202 of 2013:

(a) Ramankutty Sivanandan No. 096120F (duplicate) Ex L/Sig

was enrolled as a Boy on 25 Sep 1969 and Oath of Allegiance was

taken on the same day and was discharged on 28 Feb 1981 on


(b) Balan Veetil Valappil No.095485 N (duplicate) was enrolled

as a Boy on 22 Mar 1969 and Oath of Allegiance was taken on 24

Mar 1969 and discharged on 30 June 1980 on expiry of

engagement.

(c) Vazhasseri Valsan No. 52310 Ex Ag LME was enrolled as

an Apprentice on 12 Aug 1971 and Oath of Allegiance was taken on

28 Aug 1971 and was discharged on 31 July 1982 on expiry of

engagement.

(d) John Mattakara John (duplicate) No. 52090 Ex LME was

enrolled on 08 Sep 1971 and Oath of Allegiance was taken on 19

Feb 1971 (?) and discharged on 30 Sep 1981 on expiry of

engagement.

(e) Sarambical Cheriyan Varghese No. 54409 (duplicate) Ex LS




(f) Mohandas Chundayil No. 097778Z Ex POELP was enrolled

as a Boy on 13 May 1972 and Oath of Allegiance was taken on 16

May 1972 and was discharged on 31 Mar 1984 on expiry of

engagement.

(g) Sukumaran Maroli No. 097718 N Ex LEMR was enrolled as

a Boy on 07 Feb 1972 and Oath of Allegiance was taken on 10 Feb

1972 and was discharged on 31 July 1983 on expiry of engagement.

(h) Venu Kadirkkot No. 052376 N (duplicate) Ex LME was

enrolled on 27 Jan 1972 and discharged on 30 Apr 1983 on expiry of

engagement.

(i) Puthanpurackal Narayanan Sukumran No. 103963 F Ex LME

was enrolled on 08 Jan 1974 and discharged 31 Jan 1984 on expiry

of engagement.

(j) Chakkalackal Paul John No. 0 104135 Y Ex LME was enrolled


engagement.

(k)Raghavan Pillai Thulaseedharan Pillai No. 0 103577 B Ex

LME (duplicate) was enrolled on 10 Aug 1973 and discharged on 01

July 1983 on expiry of engagement.


(l) Kochveettil Mathai John No. 57248 Ex LME was enrolled on


engagement.

(m) George Thomas No. 103893Y Ex Sea I (duplicate) was

enrolled on 09 Nov 1973 and discharged on 30 Nov 1983 on expiry

of engagement.

(n) S. Udaya Kumar No. 201260 K Ex LME was enrolled as a

Boy on 12 Jan 1974 and Oath of Allegiance was taken on 14 Jan

1974 and was discharged on 30 June 1985 on expiry of engagement.

(o) Muralee Mohanan M. Sreedharan No. 0 97943 Z (duplicate)

Ex POME was enrolled as a Boy on 11 Sep 1973 and Oath of

Allegiance was taken on the same day and discharged on 30 Nov


(p) Umar M.K NO. 140731 W (duplicate) Ex Ck S(I) was enrolled


engagement.

(q) Ravikumar Thulasi Mandoiram No. 106333 T Ex LRO (Tel)

was enrolled on 29 June 1976 and discharged on 31 Oct 1986 o


(r) Pulickal Kuriakose Baby No. 0 104125 Z (duplicate) Ex LPM

was enrolled on 21 Jan 1974 and discharged on 31 Jan 1984


on expiry of engagement.

(s) Padinjareillirickal Ramakrishna Pillai Radhakrishna Kaimal No.

104371 H (duplicate) Ex LRO (Spl) was enrolled on 22 Apr 1974 and

was discharged on 30 Apr 1984 on expiry of engagement.

(t) Joseph C.O. No. 85832, Ex Tel I was enrolled on 18 Apr 1967

and discharged on 30 Apr 1977 on expiry of engagement.

O.A.No.203 of 2013:

(a) Narendran Nair T.R No. 59072 Ex Ag LMA (duplicate) was

enrolled on 17 April 1968 and was discharged on 30 Sep 1978 on


(b) N.S.Ravindranathan Nair No.59743 Ex LSA (duplicate) was

enrolled on 15 July 1969 and discharged on 31 July 1979 on


(c) Venus Francis Pulikkathara Michel 095846 H (duplicate)

Ex LEMP was enrolled as a Boy on 24 June 1969 and Oath of

Allegiance was taken on 27 June 1969 and discharged on 31 Oct


(d) P Venugopal No. 0200505 W Ex POELR was enrolled as a

Boy on 09 Jan 1973 and Oath of Allegiance was taken on 19 Jan


1973 and discharged on 28 Feb 1985 on expiry of engagement.

(e) Chakrapani Jayapalan No. 097024 K Ex LME was enrolled

as a Boy on 16 Jan 1971 and Oath of Allegiance was taken on 19

Jan 1971 and discharged on 31 Mar 1983 on expiry of

engagement.

(f) Peringadan Karappan Mohanan No. 84416 Ex Sea I

(duplicate) was enrolled on 18 July 1966 and discharged on 31 July



(g) Pakkandathil Mathai Samuel NO. 54746 (duplicate) Ex

L/Tel was enrolled on 14 Oct 1968 and discharged on 31 Oct 1978


(h) Sudheendran Parameswara Panicker No. 95611 Ex LAM

was enrolled as a Boy on 26 Mar 1969 and Oath of Allegiance was

taken on 28 March 1969 and was discharged on 31 May 1980 on


(i) Aum Krishnan No. 202735N was enrolled as a Boy on 04

July 1975 and Oath of Allegiance was taken on 06 July 975 and was

discharged on 30 Sep 1986 on expiry of engagement.

(j) Chundal Thomas Kochanthony 55483 Ex L/Tel (duplicate)




(k) George Joseph No. 200804 Z Ex LRO(Tel) (duplicate)

was enrolled as a Boy on 29 May 1973 and Oath of Allegiance was

taken on 30 May 1973 and discharged on 31 Jan 1985 on expiry of

engagement.

(l) C. Vijayan No. 57383 Ex EMP I was enrolled on 16 April

1969 and discharged on 30 April 1979 on expiry of engagement.

(m) K.M.Gopinathan No. 92373 Ex LEMP (duplicate) was

enrolled a a Boy on 13 Sep 1966 and Oath of Allegiance was taken

on 15 Sep 1966 and was discharged on 31 July 1978 on expiry of

engagement.

(n) Padmanabhan Soman No. 59794 Ex LMA was enrolled

on 11 Oct 1969 and discharged on 31 Oct 1979 on expiry of

engagement.

(o) Mangalat Gopalan Rajappan Nair No. 57614 Ex LEMR

(duplicate) was enrolled on 15 Oct 1969 and discharged on 31 Oct


(p) George Mathew 90657 Ex L/Tel (duplicate) was enrolled

on 13 Mar 1965 and Oath of Allegiance was taken on 15 Mar 1965

and was discharged on Aug 1976. There is a specific notation that



(q) K.P.P.Mamman Varghese No. 0977342 Ex POELR was

enrolled as a Boy on 13 May 1972 and Oath of Allegiance was taken

on the same day and was discharged on 01 Oct 1983 on expiry of

engagement.

(r) Ashok Kumar Ellath Manamkuzhi 96309 Ex POELR was

enrolled as a Boy on 20 Dec 1969 and Oath f Allegiance was taken

on 23 Dec 1969 and was discharged on 31 Mar 1982 on expiry of

engagement.

(s) Elikkottil Ferdinent Manomohan No. 103012 Ex POELR

was enrolled on 09 Apr 1973 and discharged on 01 Oct 1983 on

expiry of engagement

(t) Raju Jacob 0200552A (duplicate) Ex POELR was enrolled

on 02 Feb 1973 and Oath of Allegiance was taken on 04 Feb 1973

and was discharged on 28 Feb 1985 on expiry of engagement.

O.A.No.204 of 2013:

S.P.Stansislaus No.81732 Ex Sea-I. The applicant has not

enclosed any copy of the Certificate of Service but has placed a

Duplicate Discharge Certificate issued by Commodore Bureau of

Sailors, Navy which states that he was enrolled on 24 April 1963 and


discharged on 23 April 1973 on expiry of engagement.

O.A.No.214 of 2013:

(a) Ayakaril Pappachan Sunny No.66267 Ex L.Sig was enrolled

on 13 Nov 1958 and discharged on 19 Dec 1970 on compassionate

grounds.

(b) Thuruthel Krishnan Nair Vijayan Ex Ag CHETA(TY) was

enrolled on 16 Oct 1967 and discharged on 31 Oct 1977 on expiry of

engagement.

O.A.No.220 of 2013:

K.J. Varghese No.42849 Ex MUS I was enrolled on 02 Nov 1967

and discharged on 30 Nov 1977. The applicant has produced a

duplicate Discharge Certificate issued by Commodore Bureau of

Sailors, Navy. This is not a copy of the Certificate of Service.

Therefore other details are not mentioned. Certificate says that the

applicant was discharged as non pensioner.

O.A.No.221 of 2013:

(a) Puravurveedu Manoharan Nair No. 104956 – N Ex Sea I

was enrolled on 31 Oct 1974 and was discharged on 31 Oct 1984


(b) Varghese Kunjummen No. 104725 N Ex LS was enrolled


into the Navy on 07 Oct 1974 and was discharged on 31 Oct 1984


(c) Urmese Kaiprampatt Thariath No. 56298 Ex LEMP was

enrolled into the Navy on 17 April 1967 and discharged on 30 April


(d) Padmanabha Pillai Balakrishnan Nair No.104912 N Ex LS

was enrolled into the Navy on 11 Oct 1974 and discharged on 31 Oct


(e) Padupurakkal Antony Ouseph No. 200859Z Ex LS was

enrolled into the Navy as a Boy entry on 16 June 1973 and Oath of

Allegiance was taken by him on 19th June 1973. He was discharged

from the Navy on 30 Nov 1984 on expiry of engagement.

(f) Kurukkanmattukkal Daniel Joshua No.200587F Ex Ag.POELA

was enrolled as a Boy entry on 10 May 1973 and the Oath of

Allegiance was taken by him on 12th May 1973. He was discharged

from the Navy on 30 Nov 1984 on expiry of engagement.

(g) Charls Padayattil Sebastian NO.96624 Ex LEMP was enrolled

into the Navy as a Boy entry on 25 Mar 1970 and the Oath of

Allegiance was taken by him on 27 Mar 1970. He was discharged on

30 Sep 1981 on expiry of engagement.

(h) Mathews Koshy Tharakan No.91891 Ex L-Sig was enrolled


as Boy on 11 Jan 1966 and the Oath of Allegiance was taken on 13

June 1966. He was discharged from the Navy on 1 Jan 1979

Certificate of Service is duplicate . Some entries not legible.

(i) Idichandry Babu No. 106336Z Ex LME was enrolled into the

Navy on 29th June 1976 and discharged on 30 June 1986 on expiry

of engagement.

(j) Mattathil John Mathew No.92461 Ex L.TEL was enrolled

as a Boy on 17 Dec 1966 and Oath of Allegiance was taken on 19

Dec 1966 and was discharged in 1978 (date not legible) on expiry of

engagement.

(k) Rajamannar Gopalakrishnan No. 56313 Ex LEMP was

enrolled into the Navy on 17 Apr 1967 and discharged on 30 Apr


(l) Koilparambil Albert Kakkunny No.104937W EX LEMP was

enrolled into the Navy on 26 Oct 1974 and discharged on 31 Oct


(m) Gopalan Mohankumar No. 097180R Ex POELA was enrolled

as a Boy on 15 May 1971 and Oath of Allegiance was taken by him

on 18 May 1971. He was discharged from service on 31 Dec 1983


(n) Joji George No. 104027 Ex LPM was enrolled into the Navy


on 11 Jan 1974 and was discharged on 31 May 1984 on expiry of

engagement.

(o) Karunakaran Sukumaran Nair No.54046 Ex L/TEL was

enrolled into the Navy on 16 Jan 1968 and discharged on 30 Jan

1978 on expiry of engagement.(duplicate)

(p) George Thomas.P No. 88135 Ex Ag.YS (TY) was enrolled

into the Navy as a Boy on 12 Mar 1962 and Oath Allegiance was

taken on 14th Mar 1962. He was discharged from the Navy in 1974

on expiry of engagement. There is a specific notation that says not


O.A.No.222 of 2013:

(a) Pangat Narayanan No. 097914 H Ex LEMA was enrolled as

a Boy on 29 May 1972 and Oath of Allegiance was taken on the

same day. He was discharged from service on 31 Dec 1983 on


(b) Madusoodanan.A No. 200767 R (duplicate) Ex LAOM was

enrolled as a Boy on 25 May 1973 and Oath of Allegiance was taken

on 28th May 1973 and discharged on 31 Oct 1984 on expiry of

engagement.

(c) Palatty Mathew Antu No. 104971 A Ex LEMR was enrolled


on 11 Nov 1974 and discharged on 30 Nov 1984 on expiry of

engagement (duplicate).

(d) Geevargheese Thomas No.54693 Ex L/Tel was enrolled

on 19 July 1968 and discharged on 30 Nov 1978 on expiry of

engagement.

(e) Parathodil Chellappan Gopi No. 59745 Ex LMA (duplicate)



(f) Venganikunnathal Varughese Soman No.55704 Ex Tel I was

enrolled on 9 Fen 1970 nd discharged on 29 Feb 1980 on expiry of

engagement.

(g) Kizhekke Veettil Modiyil Mathai Thomas No.92609 Ex Ag PO

(TY) was enrolled on 21 Dec 1966 and Oath of Allegiance was taken

on 23 Dec 1966. He was discharged from service 31 Dec 1978 on

expiry fo engagement.

(h) Rajan Thattencheri No.052114 T Ex LME was enrolled as

Artificer Apprentice on 22 Jan 1970 and Oath of Allegiance was

taken by him on 19 Feb 1970. He was subsequently converted to

M(E)II on 31 Mar 1972 and thereafter retied as LME on 30 Sep 1981.

(i) M. Kumar Sukumara Pillai No. 097789 N (duplicate) Ex

POELP was enrolled as a Boy on 15 May 1972 and Oath of


Allegiance was taken on 16 May 1972. He was discharged on 31

March 1984 on expiry of engagement.

(j) Puthanpurackal Joseph Jose (duplicate) 057723 R Ex LMA

was enrolled on 02 May 1970 and discharged on 31 May 1980 on


(k) Yallappa Yamanappa Kadakol NO. 52661 (duplicate) was


of engagement.

(l) Paycat George Saibu No. 84428 was enrolled on 18 July

1966 and discharged on 31 July 1976 on expiry of engagement.

There is a specific notation that says not drafted to Fleet Reserve as

not required.

(m) Parayil Mohanan No. 202727W was enrolled as a Boy on

04 July 1975 and Oath of Allegiance was taken on 06 July 1975. He

was discharged on 30 Nov 1986 on expiry of engagement.

(n) Thalathayil Samuel Thomas 55060 (duplicate) Ex Tel I

was enrolled on 16 Jan 1969 and discharged on 31 Jan 1979 on


(o) Cherapurath Mathai Mathew No.68754 (duplicate) Ex

Prov.Ag.POELP(TY) ws enrolled on 17 Jan 1966 and discharged on

31 Dec 1976 on expiry of engagement. There is a specific notation


that says not drafted to Fleet Reserve as not required.

O.A.No.2 of 2014:

(a) Usha Soman, W/o.Krishnan Pillai Soman Pillai No.84022

Ex L/Tel. Late Soman Pillai was enrolled on 18 April 1966 and

discharged on 30 April 1976 on expiry of engagement. There is a

specific notation that says not drafted to Fleet Reserve as not

required.

(b) Vasumathi Sekharan, W/o.K.S.Sekharan, No. 81447

(duplicate) Ex POTEL. Later K.S.Sekharan was enrolled on 21 Jan

1963 and discharged on 04 Sep 1973 on expiry of engagement.

There is a specific notation that says not drafted to Fleet Reserve as

not required.

(c) Usha Jose W/o.K.F. Jose No.59954 (duplicate) Ex LMA .

Late K.F.Jose was enrolled on 17 Oct 1969 and discharged on 31 Oct


(d) Suma Sajeev, W/o. Mundakal Narayanan Sajeev No.200529

Z, Ex LRO (Tel). Late Mundakal Narayanan Sajeev was enrolled as a

Boy on 31 Jan 19783 and Oath of Allegiance was taken on the same

day and discharged on 30 Sep 1984 on expiry of engagement.

(e) Soosan Francis, W/o.Elavunkal Antony Francis, No. 54312,


Ex Ex Sig I. Late Elavunkal Antony Francis was enrolled on 17 April


O.A.No.3 of 2014:

(a) Baben Mathews No. 0 97705 H (duplicate) Ex Ag POAOF

was enrolled as Boy on 19 Jan 1972 and Oath of Allegiance was

taken on 22 Jan 1972 and discharged on 31 Aug 1984 on expiry of

engagement.

(b) Nadiyadeth Sreevalsanunny No. 0 95859 N Ex LEMP was

enrolled on 24 June 1969 and Oath of Allegiance was taken on 27

June 1969 and was discharged on 31 Oct 1980 on expiry of

engagement.

O.A.No.5 of 2014:

(a) Joseph Antony Michael Eric Dowson No. 89829 Ex POELA

was enrolled as a Boy on 09 June 1964 and Oath of Allegiance was

taken on 16 June 1964 and was discharged on 31 May 1976 on



(b) Bhaskaran Chandrababu No. 104140 Ex LS was enrolled



engagement.

(c) K. Radhakrishnan No. 57642 Ex EMP I was enrolled on

19 Oct 1969 and discharged on 31 Oct 1979 on expiry of

engagement.

(d) Sivadasan Konnamkuzhi Choyimadathil No.0 95724 F Ex

POELR was enrolled as a Boy on 21 June 1969 and Oath of

Allegiance was taken on 24 June 1969 and was discharged on 31

Oct 1981 on expiry of engagement.

(e) Kattoor Venu Gopalan No. 56590 Ex LEMP (duplicate) was

enrolled on 18 Oct 1967 and discharged on 31 Oct 1977 on expiry

of engagement.

(f) Moideen K.M. No.202721 F (duplicate) Ex POELA was enrolled

as a Boy on 04 July 1975 and Oath of Allegiance was taken on 06

July 1975 and was discharged on 30 Sep 1986 on expiry of

engagement.

(g) Akkalissery Meethal Raveendran No. 92839 Ex L/Tel was


on 20 Mar 1967 and was discharged on 31 Aug 1978 on expiry of

engagement.

(h) Aruthalottil Kunjunni No. 91974 Ex LEMP (duplicate) was

enrolled on 16 June 1966 and Oath of Allegiance was taken on 18


June 1966 and was discharged on 30 Sep 1977 on expiry of

engagement.

(i) Abraham Joseph No. 95495 Ex POELR was enrolled as a

Boy on 22 Mar 1969 and Oath of Allegiance was taken by him on

24 Mar 1969 and was discharged on 28 Feb 1981 on expiry of

engagement.

(j) Kunhunni Nair Prema Kumar No. 91975 Ex LEMP was


on 18 June 1966 and was discharged on 30 Sep 1977 on expiry of

engagement.

(k) Konat Ramachandran NO. 92086 Ex POME (duplicate)

was enrolled as a Boy on 03 Sep 1966 and Oath of Allegiance was

taken on 05 Sep 1966 and was discharged on 31 Dec 1977 on expiry

of engagement.

(l) Somasekaran Raman Nair No. 56762 Ex LEMP (duplicate)

was enrolled on 15 April 1968 and discharged on 30 April 1978 on


(M) Aravindakshan Nair Ponpuzha Govindan No.57069 Ex

LEMR (duplicate) was enrolled on 17 Oct 1968 and discharged on 17



(n) Velukutty Koodathingal No. 50586 Ex LEMP (duplicate)

was enrolled on 18 Oct 1967 and discharged on 31 Oct 1977 on


(o) C.V.George No. 58423 Ex Wtr I was enrolled on 19 April


(p) Thundiyyil Asthappan Thomas No. 104938 Y (duplicate)

Ex Ag LEMP was enrolled on 26 Oct 1974 and discharged on 31


(q) Kunathapathayapera Ramachandran No. 095723 B

(duplicate) Ex LEMP was enrolled as a Boy on 22 June 1969 and

Oath of Allegiance was taken on 24 June 1969 and was discharged

on 31 Oct 1980 on expiry of engagement.

(r) Suresh Kumar S.V No.200611 K Ex POELA was enrolled


May 1973 and was discharged on 30 Sep 1985 on expiry of

engagement.

(s) George Varughese No.057740 B Ex Ag LMA was enrolled

on 03 Aug 1970 and discharged on 31 Aug 1980 on expiry of

engagement.

(t) George Varughese No. 54990 Ex L/Sig (duplicate) was

enrolled on 17 Jan 1969 and discharged on 31 Jan 1979 on expiry


of engagement.

O.A.No.7 of 2014:

Cherukad Issac Edward No. 0 105293 B, Ex LEMR was enrolled


engagement.

O.A.NO.13 of 2014:

(a) David Maria Joseph Jayakumar No. 96557Z Ex POELR was

enrolled as a Boy on 24 March 1970 and Oath of Allegiance was

taken by him on 27 Mar 1970 and was discharged on 31 May 1982 on

expiry of engagement. (duplicate)

(b) Muttathu David George No.55564 Ex TEL-I was enrolled into

the Navy on 19 July 1969 and was discharged on 31 July 1979 on

expiry of engagement (duplicate)

O.A.No.17 of 2014:

(a) Kattilchittedath Venugopalan Nair No. 86241 (duplicate) Ex

L/Tel was enrolled as a Boy on 12 Dec 1959 and Oath of Allegiance

was taken on 15 Dec 1959 and was discharged on 14 Dec 1970 on

compassionate grounds.


(b) K. Oomman, No. 67576 Ex LEMP was enrolled on 07 Oct

1960 and Oath of Allegiance was taken 17 Oct 1960 and was

discharged on 30 Oct 1970 compassionate grounds.

(c) Baby Thomas No. 69388 Ex L/Tel was enrolled on 17 April

1965 and Oath of Allegiance was taken on 20 April 1965 and was

discharged on 23 Nov 1974 on compassionate grounds.

(d) Thottiyil Velayudhan Suresh No.104136 Z Ex LME was

enrolled on 21 Jan 1974 and Oath of Allegiance was taken on 22 Jan

1974 and was discharged on 15 July 1983 on compassionate

grounds.

(e) Sudhakaran Kalla Kandi No.097782 H Ex LME was enrolled


May 1972 and was discharged on 10 June 1983 on compassionate

grounds.

(f) Thankappan Nair Muraleedharan Nair No.96978 F Ex

Ag.LME was enrolled as a Boy on 18 Jan 1971 and Oath of

Allegiance was taken on the same day and was discharged on 29

June 1982 on compassionate grounds.

O.A.No.18 of 2014:

(a) Padmanabhan Damodaran Panicker No. 68553 (duplicate)

Ex L/Tel(TY) was enrolled on 19 July 1965 and was discharged on


31.07.1975 on expiry of engagement. The certificate produced is a

duplicate copy. There is no notation about being transferred into

fleet reserves.

O.A.No.19 of 2014:

Syamala Nair, W/o.late Vasudevan Nair Neelakantan Nair No.

48889 Ex L/Tel. Late VNN Nair was enrolled as a Boy on 13 Nov

1957 and Oath of Allegiance was taken on 16 Nov 1957 and was

discharged on 19 Nov 1968 on compassionate grounds. There is no

notation about being transferred into fleet reserves.

O.A.No.20 of 2014:

Shekharan Ratnakaran No.81796 Ex L/Std was enrolled on

23 April 1963 and Oath of Allegiance was taken on 26 April 1963 and

was discharged on 03 February 1977 on compassionate ground.

O.A.No.21 of 2014:

Mundakkalil Kuttan Pillai Gopalakrishna Panicker No.105387

Ex LME was enrolled on 10 April 1975 and Oath of Allegiance was

taken on 12 April 1975 and was discharged on 3o Apr 1985 on



O.A.No.28 of 2014:

Pathadan Sebastian Thariath, No. 50251 Ex Ag Ch ERA was

enrolled as Artificer Apprentice on 28 Dec 1951 and Oath of

Allegiance was taken on 28 Dec 1951 and was discharged on 28

July 1965 on compassionate grounds. There is no notation about

being transferred into fleet reserves.

9. On a perusal of the aforesaid service profile of each of the

applicants, it is crystal clear that none of the applicants was

transferred to fleet reserve on completion of the term of engagement

with regard to the active service. All of them were discharged on

completion of active service without any indication that they will be

kept in reserve after the discharge from the Navy service. Even some

of the applicants were specifically told at the time of their discharge

that they were not required for the fleet reserve or they are not

drafted to fleet reserve.

10. None of the applicants had put in 15 years of active

service, so none is eligible for regular pension also.

11. In view of the aforesaid, all the Original Applications have

no substance and are accordingly dismissed.


12. There will be no order as to costs.

13. Before concluding the matter, we are constrained to

observe that the following important points of law of general public

importance are involved in the decision.

1) Whether initial term of engagement of 10 years active

Navy service and 10 years fleet reserve service can be treated as

sufficient to treat the individual in fleet reserve for 10 years after

discharge on completion of the active naval service without being

transferred to fleet reserve in terms of Regulation 269 of the Navy

Regulations?

2) Whether engagement of an individual for 10 years active

navy service and 10 years fleet reserve service at the time of initial

enrollment is a promise by the respondents to treat the individual in

fleet reserve service on completion of his active navy service and in

that eventuality the respondents are estopped by the doctrine of

promissory estoppel from denying the benefit of fleet reserve service

to the individual for pension purposes?

14. We, therefore, consider it just and expedient to grant to

all the applicants leave to appeal to the Supreme Court. Accordingly


the leave to appeal to Supreme Court is granted in favour of the

applicants.

15. Issue free copy of this order to both sides.

16. Let a copy of this order be placed in each of the connected

cases.

Sd/- Sd/- VICE ADMIRAL M.P. MURALIDHARAN, JUSTICE SHRIKANT TRIPATHI,

MEMBER (A) MEMBER (J)

tm.

/True Copy/

Prl. Private Secretary

Documents

ARMED FORCES TRIBUNAL, REGIONAL BENCH, KOCHIaftdelhi.nic.in/benches/kochi_bench/judgments/february2014/OA 142 of 2010.pdfARMED FORCES TRIBUNAL, REGIONAL BENCH, KOCHI O.A.Nos. 142 of