UNION OF INDIA & ORS. vs 278535 CPL THANKACHEN CHACKO, RETD.

Judgment text excerpt

$~84 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 21.04.2026 + W.P.(C) 5350/2026, CM APPL. 26223/2026 and CM APPL. 26224/2026 UNION OF INDIA & ORS. .....Petitioners Through: Mr. Vivekanand Mishra, SPC for UOI. versus 278535 CPL THANKACHEN CHACKO, RETD. .....Respondent Through: None. CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL HON'BLE MR. JUSTICE AMIT MAHAJAN J U D G M E N T (ORAL) AMIT MAHAJAN, J. : 1. The present petition is filed against the order dated 05.12.2024 (hereafter ‘impugned order’) passed by the learned Armed Forces Tribunal, Principal Bench, New Delhi in O.A. No. 2180/2019 whereby the learned Tribunal found the Respondent to be entitled to the grant of Special Pension from the date of his discharge and directed the Petitioners to grant Special Pension to the Respondent with effect from a period of three years prior to the date of filing of the Signature Not Verified Signed By:HARMINDER KAUR W.P.(C) 5350/2026 Page 1 of 5 Signing Date:23.04.2026 16:52:59 original application minus the amount of gratuity already paid, if any, to the be adjusted against the amount of arrears. 2. Succinctly put, the pertinent facts as highlighted on behalf of the Petitioners is as follows: 2.1. The Respondent was enrolled in the Indian Air Force on 03.09.1965. The rules stipulated that the initial period of engagement of personnel enrolled in Indian Air Force as an airman was 09 years regular service and 06 years reserve liability. The Respondent, post the expiry of the initial period of engagement of 09 years, despite being eligible, did not opt for enhancement of his term of engagement to 15 years in accordance with the rules. Consequently, the Respondent was discharged from service with effect from 30.09.1974 after having completed 09 years 28 days of qualifyin