Poyyeri Muthu Swamy Rama Swamy v. Union Of India

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.12.2024 CORAM :

THE HONOURABLE MR. JUSTICE S.S. SUNDAR AND THE HONOURABLE MR. JUSTICE N. SENTHILKUMAR Rev.Appl. (Writ) No.173 of 2024 Poyyeri Muthu Swamy Rama Swamy Ex Cpl (No.248223) No.85A, North Street, High School Road, Paramathivelur PO, Namakkal, Tamil Nadu - 638 182.

... Petitioner Vs.

1.Union of India, Represented by the Defence Secretary, Ministry of Defence, South Block, DHQ Post, New Delhi - 110 011.

2.The Chief of the Air Staff, Air Force HQs, Vayu Bhavan, DHQ Post, New Delhi - 110 011.

3.The Director, Dte of Air Veterans, The Air Force Pension & Welfare (SP) Air Force Record Office, Subroto Park, New Delhi - 110 010.

4.The PCDA (Pension), Draupathighat, Allahabad, UP 211014.

... Respondents Prayer : Review Application filed under Order 47 Rule 1 read with Section 114 of Code of Civil Procedure to review the order dated 05.04.2024 made in W.P.No.30696 of 2023 on the file of this Court. For Petitioner :

Mr.T.Damodaran For R1 to R4 :

Mr.C.Kulanthaivel Senior Panel Counsel

O R D E R

(Order of the Court was made by S.S. SUNDAR, J.) This Review Application is directed against the order of this Court dated 05.04.2024 dismissing the writ petition filed by the review petitioner to quash the order of the Armed Forces Tribunal in O.A.No.81 of 2022 and to grant the petitioner Reservist Special Pension from the date of discharge from Air Force, i.e., on 21.10.1973, with all arrears and interest till the date of payment.

2.This Court dismissed the writ petition holding that there is no merit. This Court, while holding that the petitioner is not entitled to Reservist Special Pension for the same reason given by the Tribunal, has also held that the petitioner, who was discharged from service on 21.10.1973, cannot maintain the writ petition after an inordinate delay of 48 years. In the absence of a valid explanation for the huge delay of 48 years, this Court dismissed the writ petition after recording a reason that the unexplained delay is likely to cause serious prejudice to the respondents. 3.Learned counsel appearing for the petitioner submitted that there are some discrepancies between the statements in the affidavit filed by the respondent.

Since the petitioner has come forward with a stale claim after 48 years, this Court is of the view that such discrepancies cannot be avoided, as the respondents have specifically stated that they are not holding any records to consider the petitioner's claim after this length of time.

would certainly cause serious prejudice to the respondents. Therefore, this Review Application is dismissed. No costs.

(S.S.S.R., J.) (N.S., J.) 04.12.2024 mkn Internet : Yes Index : Yes / No To 1.The Defence Secretary, Union of India, Ministry of Defence, South Block, DHQ Post, New Delhi - 110 011.

2.The Chief of the Air Staff, Air Force Hqs, Vayu Bhavan, DHQ Post, New Delhi - 110 011.

3.The Director, Dte of Air Veterans, The Air Force Pension & Welfare (SP) Air Force Record Office, Subroto Park, New Delhi - 110 010.

4.The PCDA (Pension), Draupathighat, Allahabad, UP 211014.

S.S. SUNDAR , J.

and N. SENTHILKUMAR, J.

mkn Rev.Appl. (Writ) No.173 of 2024 04.12.2024