Armed Forces: Post-retirement benefits – Entitlement to, to the spouse and children of a retired officer – On facts, appellantAir Force officer invalidated out of service on medical grounds – While in service applied to Director, Air Headquarter seeking permission to marry Canadian immigrant – Appellant without waiting for the express permission or the expiry of 120 days, contracted the marriage – Appellant then applied for ex-post facto permission for marriage, which was not considered at all – Meanwhile, the appellant was released from Indian Air Force – Thereafter, the appellant filed an application to the Air Headquarter to include the names of his family members in the Certificate of Service and issuance of ECHS cards and the same was rejected – Tribunal also rejected the application holding that since the marriage was contracted by the appellant without any permission, he was not entitled to take benefit of his marriage with the foreign national – On appeal, held: If an officer after his release or retirement could validly contract the marriage with a foreign national, the spouse would therefore be entitled to all the benefits including medical or hospital facilities or club membership or canteen facilities etc. – It cannot be said that the appellant, at least after his release from the Air Force, would be disentitled – Respondent directed to include the names of the wife and daughter of the appellant in the Service Certificate from the date of his release or retirement and extend to the wife and the daughter of the appellant all such benefits which a spouse and children of a retired officer would be entitled – Armed Forces Tribunal Act, 2007 – s.30 r/w s.31(2).
Allowing the appeals, the Court
HELD: 1.1 The underlying idea behind the policy is that in case a person governed by the provisions of Indian Air Force Act, 1950 intends to contract marriage with a foreign national, requisite intimation in that behalf is required to be made and appropriate permission is also required to be obtained. As a part of the exercise, the foreign national with whom the marriage is to be contracted may be required to give up the original citizenship and acquire citizenship of India. If there be any infraction or violation of the mandate of the requirements, the concerned officer could be visited with penalty including dismissal or removal from service. The policy has well laid and designed procedure including the timelines and the time limit of 120 days within which the authorities are required to apply their mind and consider the application seeking permission. In case nothing is heard within
120 days, the policy incorporates the concept of deemed consent or permission. All these requirements are in respect of those governed by the Indian Air Force Act, 1950 that is to say the serving officials. [Para 19][674-B-E]
1.2 In the instant case, even if it is to be proceeded on the footing that the marriage was contracted without the permission and as such there was infraction on part of the appellant, no disciplinary action was initiated or taken against him nor was any express rejection of his request intimated to him at any stage. His initial application was dated 27.10.2008 and he was invalidated out of service with effect from 18.11.2009 on medical grounds and not for any infraction of aforesaid policy. As a matter of fact, the department did not respond for more than 120 days in the matter. [Para 20][674-F]
1.3 The appellant is no longer in service with Indian Air Force and the respondents have showed on its own that the appellant has ceased to be subject to Indian Air Force Act. As regards what advantages and benefits a retired service person including his family would be entitled to, the wife may in certain cases be entitled to pension, in the event of death of the officer and the family including the spouse would be entitled to benefits such as canteen facilities and membership of officers club and such other benefits. The respondents were asked that if an officer after his release or retirement wished to contract marriage with a foreign national was there any restriction or prohibition under any of the policy documents in force. The counsel could not lay his hands on any such policy or point out any such provision. The stand of the respondents thus is clear that the policy in question is aimed at regulating certain aspects while the officers are in service. If an officer after his release or retirement could, therefore, validly contract the marriage with a foreign national and the spouse would theref ore be entitled to all the benefits including medical or hospital facilities or club membership or canteen facilities etc., it does not stand to reason why the appellant, at least after his release from the Indian Air Force, should be disentitled in that behalf. [Para 21][674-G-H; 675-A-C]
1.4 The respondents are directed to include the names of the wife and daughter of the appellant in the Service Certificate at least from the date of his release or retirement and direct the respondents to extend to the wife and the daughter of the appellant all such benefits which a spouse and children of a retired officer would be entitled. [Para 22][675-D]
As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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