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Bombay High Court

indiaversusEX 229835 corporal MA Inamdar

Decided
Disposal
Disposed Off

Holding

The respondent is entitled to the special pension, and the Tribunal’s judgment is affirmed.

Summary

The petitioners, Union of India and others, filed a writ petition under Article 226 challenging the Armed Forces Tribunal's (AFT) judgment granting a special pension to ex‑Corporal M.A. Inamdar, who had completed 15 years of service (9 regular, 6 reserve). The petitioners argued that the Tribunal erred in applying Regulation 144 of the Air Force Pension Regulations, 1961, and sought to quash the order. The High Court examined Regulation 144, which authorises special pension at the President’s discretion for personnel not transferred to reserve and discharged under a government policy of reduction or re‑organisation. Relying on Supreme Court precedents (T.S. Das v. Union of India, Deokinandan Prasad v. State of Bihar) and earlier AFT decisions, the Court held that the Tribunal correctly applied the regulation and that the respondent satisfied all criteria for a special pension. The Court also rejected the petitioners' arguments on delay and laches, noting that pension rights constitute a continuing cause of action. Consequently, the writ petition was dismissed and the Tribunal’s order left undisturbed.

Issues considered

  • Whether the respondent is entitled to a special pension under Regulation 144 of the Air Force Pension Regulations, 1961.
  • Whether the Armed Forces Tribunal correctly interpreted and applied the statutory provisions and Supreme Court precedents in granting the special pension.
  • Whether the petitioners can set aside the Tribunal’s order on grounds of delay, laches, or arbitrary executive action.

Legislation cited

Subjects

  • special pension
  • Armed Forces Tribunal
  • Regulation 144
  • Air Force Pension Regulations
  • pension rights
  • promissory estoppel
  • delay and laches
  • Article 226
  • writ of certiorari

Judgment

           Digitally signed
           by MAYUR
MAYUR    KONDIRAM
KONDIRAM ADANE
ADANE    Date:
         2026.09.22
           14:24:06 +0530
                                                                                      21-WP-11710-2026(C).docx

   Mayur
                                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                                CIVIL APPELLATE JURISDICTION
                                               WRIT PETITION NO. 11710 OF 2026

                              Union Of India and Anr.                                ...Petitioners
                                   Versus
                              Ex 229835 Corporal M.A. Inamdar                        ...Respondent
                                                                   ...
                              Adv. Anamika Malhotra, a/w Adv. Khushi Dhamdhere, for the
                              Petitioners.
                                                                  ...
                                                 CORAM : MAHESH CHANDRA TRIPATHI, CJ. &
                                                         ADVAIT M. SETHNA, J.

                                                 DATE      : 17th SEPTEMBER, 2026.

                              P.C.:
                              1.      The instant Writ Petition has been preferred under Article 226

                              of the Constitution of India, for the following substantive relief:

                                       “b) This Hon’ble court may be pleased to issue a writ of
                                       certiorari or anyother appropriate writ and order or direction in
                                       the like nature, thereby quashing and setting aside the
                                       impugned judgment dated 16th April 2025 passed by the
                                       Armed Forces Tribunal, Mumbai Bench in Original Application
                                       No.60/2022.”

                              2.      Before dealing with the challenge raised by the Petitioners, it

                              would be apposite to briefly mention that the present Respondent,

                              who was the Original Applicant before the Armed Forces Tribunal,

                              Mumbai (“Tribunal”), had preferred Original Application No. 60 of

                              2022 under Section 14 of the Armed Forces Tribunal Act, 2007.

                              Such Application was filed, inter alia, for the grant of pension on


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the basis that he had completed 15 years of service, comprising 9

years of regular active service and 6 years of reserved service.

3.    The record would indicate that at the final stage of hearing

before the Tribunal, learned counsel appearing for the Original

Applicant/present Respondent confined and limited the prayer to

the grant of special pension, which the Tribunal was confronted

with for determination.

4.    Thereafter, the Tribunal passed the Judgment dated 16 th April

2025 (“Impugned Judgment”), which is assailed in this Writ

Petition.

5.    Ms. Anamika Malhotra, learned Counsel for the Petitioners

has submitted that the Impugned Judgment erroneously holds that

the Respondent, having regard to Regulation 144 of the Pension

Regulations for the Air Force, 1961 (“Pension Regulations”), is

entitled to special pension, directing the Department/Respondent

therein to grant the same to the Respondent along with arrears.

Such Order is contrary to the statutory provisions as applicable

and therefore deserves to be set aside. Accordingly, the Petition be

Allowed.

6.    We have heard Ms. Malhotra and with her assistance, perused

the record. At the very outset, we find that the case of the

Respondent is to the effect that he is entitled to the grant of special



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pension in accordance with Regulation 144 of Pension Regulations.

7.       Contextually, it would be apposite to refer to Regulation 144 of

Pension Regulations, which reads thus:

         “144. Special pension or gratuity may be granted, at the discretion
         of the President, to individuals who are not transferred to the
         reserve and are discharged in large numbers in pursuance of
         Government’s policy--
               (a) of reducing the strength of establishment of the Air Force;
               or
               (b) of re-organisation, which results in disbandment of any
               units/formations.”


         Upon perusal of the said regulation, evidently, it would apply

to the given factual matrix. We do not find any material on record

placed by the Petitioners to controvert such position. It is thus clear

that the grant of special pension to the Respondent would be

governed by the above provision.

8.       Also, from the Impugned Judgment of the Tribunal, it is

apparent that the Tribunal has proceeded, inter alia, by relying on

the decision of the Supreme Court in T.S. Das & Ors. v. Union of

India & Anr1. The Supreme Court therein was confronted with a

similar factual situation. Considering the same, the grant of special

pension was confirmed to sailors who were not transferred to the

Reserve and were discharged from service pursuant to the extant

government policy. We find the said decision to be clearly applicable

in the given facts, more particularly in light of Regulation 144 of

     1
     . 2016 SCC Online SC 1240.


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Pension Regulations which is akin to Regulation 95 of Navy

(Pension) Regulations, 1964, in consideration before the Supreme

Court.

9.        The Tribunal has placed reliance on the decision of the

Principal Bench of the Tribunal in Cpl. Kandasamy T. v. Union of

India & Ors2. In this case, the claim for special pension was

considered in the context of the Applicant therein having completed

the requisite period of regular service but not having been

transferred to the Reserve. The Principal Bench of Tribunal relying

on the decision in T.S. Das (supra) held that the Applicant therein

was entitled to grant of special pension.

10.       In the above context, a specific query was put to the learned

counsel for the Petitioners as to whether the aforesaid judgment

relied upon by the Tribunal, in the Impugned Judgment continues

to hold the field. Learned counsel for the Petitioners has answered

the said query in the positive.

11.       We may gainfully refer to another decision of the Supreme

Court in Deokinandan Prasad v. State of Bihar 3. In the said

case, the Supreme Court duly recognised pension as a right and as

having the character of property, and held that such right could not

be taken away by executive action in an arbitrary manner.

     2
      . OA No. 1049 of 2019 with MA No. 1725 of 2019 decided on 12th May 2022.
     3
      . 1971 (2) SCC 330.


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12.   We find that the Tribunal has also considered the decision in

of the Principal Bench of the Tribunal in Sadashiv Haribhau

Nargund and Others v. Union of India4, which was pressed into

service by the Respondent in support of his case. In the said case,

the contention of the Respondents therein that the Petitioners were

disentitled to pension on account of the manner of termination of

their service was rejected, inter alia, on the principle of promissory

estoppel. It was observed that the Petitioners therein had altered

their position in reliance upon the representation made by the

Government, regarding the terms of service and pensionary

benefits.

13.   In the present case, the Applicant's discharge was specifically

recorded as being with effect from 4th April 1971 under the clause

“On completion of regular engagement” after completion of 10

years and 190 days of regular qualifying service. There is nothing

on record to indicate that the Respondent had sought or opted for

such discharge. Further, it is undisputed that he was not

transferred to the Air Force Reserve. The Tribunal, therefore, found

the conditions for consideration of special pension to be satisfied.

14.   As far as the issue of delay and laches is concerned, the

Respondent was in fact, unilaterally discharged from service by the

Petitioners without him opting out from service. Accordingly, the
  . T.A. No. 564 of 2010 (W.P. No. 6458 of 2009) decided on 12th January 2011.
  4




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Respondent is entitled to the grant of special pension as held by the

Supreme Court in T.S. Das (supra). In any event, the settled legal

position that grant of pension constitutes a continuing cause of

action    is   not   disputed.   Moreover,   in   the   given    facts     and

circumstances, the claim of the Respondent for the grant of special

pension does not stand extinguished, nor can the doors be shut at

him in this regard, particularly, when the requirement/criteria for

the same are otherwise satisfied.

15.     In view of the above, we find that the decisions discussed

(supra) would squarely apply to the given facts and we see no

reason/justification to take a different view by departing therefrom.

Accordingly, in our considered view, the Respondent is entitled to

special pension, as rightly held by the Tribunal. The Impugned

Judgment of the Tribunal, therefore, deserves no interference.

16.     For the above reasons, the Writ Petition fails and is,

accordingly Dismissed.

17.     All concerned to act on an authenticated copy of this Order.




      [ADVAIT M. SETHNA, J.]                       [CHIEF JUSTICE]




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