SQN. LDR. (RETD.) NAVTEJ SINGH versus UNION OF INDIA AND ORS.

Citation: [2018] 14 S.C.R. 665 · Decided: 05-12-2018 · Supreme Court of India · Bench: UDAY UMESH LALIT · Disposal: Appeal(s) allowed

Judgment (excerpt)

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SQN. LDR. (RETD.) NAVTEJ SINGH
v.
UNION OF INDIA AND ORS.
(Civil Appeal Nos. 11876-11877 of 2018)
DECEMBER 05, 2018
[UDAY UMESH LALIT AND
DR. DHANANJAYA Y CHANDRACHUD, JJ.]
Armed Forces: Post-retirement benefits – Entitlement to, to
the spouse and children of a retired officer – On facts, appellant-
Air 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).
[2018] 14 S.C.R. 665
665
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666                    SUPREME COURT REPORTS            [2018] 14 S.C.R.
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
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after his release or retirement wished to contract marriage with
a foreign national was there any restriction or prohibition under
any of the 

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