M. A. ANSARI Vs. UNION OF INDIA

JUDGEMENT

(1.) The present petition has been preferred by the petitioner seeking quashing and setting aside of the order dtd. 8/10/2021 in RA 27/2020 in OA No.42/2012 as well as order dtd. 4/12/2019 passed in OA No.42/2012 by the learned Air Force Tribunal (henceforth referred to as the "Tribunal"). In addition, a direction is also sought to the respondents to release petitioner's pensionary and other benefits from the date of his discharge i.e. 18/11/2009 or from 20/7/2010.

(2.) Petitioner claims to have been enrolled in Indian Air Force as an Airman on 15/10/1992. The petitioner further claims to have applied for premature discharge/ voluntary retirement on 12/3/2008 after completion of 15 years' of his service. He also claims to have sent request letters dtd. 3/7/2008; 8/10/2008; 20/3/2009 for voluntary retirement, however, the same were rejected by the respondents by orders of even dates. According to petitioner, on 9/7/2009 he was posted at Air Force Station, Bitha, Patna, however, he was reluctant to join there in view of his requests for voluntary retirement. His requests for stay of his posting were rejected by this Court as well as Supreme Court. According to petitioner, his entry was banned in the office on 18/11/2009 in contravention of Air Force Law. When petitioner's effort to regain entry in his office failed, he filed a petition before the Hon'ble Supreme Court being W.P.(C) 7/2010 seeking a direction to respondents to discharge from service as per Indian Air Force Law. The said petition was dismissed by the Supreme Court, however, liberty was granted to avail of the remedy for pension benefits, as available in law.

(3.) The petitioner made a representation dtd. 22/1/2010 to the respondents seeking his pension and retiral benefits. Having no response to his representation, petitioner preferred W.P.(C) No. 886/2010 before this Court on 10/2/2010. During pendency of the said petition, on 26/2/2010 petitioner was arrested from his residence on the charge of desertion for 03 months and he was dismissed from service on 20/7/2010. Besides deserter charge, 05 other petty charges prior to his entry ban/removal from service i.e.18/11/2009 were also added. On the request of the petitioner that his appeal under Sec. 161(2) of the Air Force Act against the order of court martial and seeking pensionary benefits is pending before the Central Government, his petition [W.P.(C) No. 886/2010] was dismissed as withdrawn on 29/4/2011. Petitioner's representation seeking pensionary benefits was forwarded by the respondents to the appropriate authorities i.e. Jt. JAG(Air), Air HQs, Vayu Bhavan, New Delhi, as dismissed persons were delegated pension from Hon'ble The President of India.