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On Wednesday the Supreme Court directed the Indian Air Force authorities to include the names of the wife and daughter of an EX-IAF officer in his Service Certificate, who had married a foreign national without requisite permission.
Sqn Ldr.Navtej Singh was invalidated out of service on medical grounds in November 2009.While in service; he had applied to Director, Directorate of IMINT, Air Headquarters (VB), New Delhi, seeking permission to marry a Canadian immigrant.
As per the policy, a serving officer would be required to obtain permission before any marriage with a foreign national could be contracted. He married the lady without waiting for the express permission or the expiry of 120 days (deemed permission).His application seeking ex-post facto permission marriage was not considered at all .No departmental action was initiated against him in this regard.
In 2013, he made an application to include the names of his family members in the Certificate of Service and issuances of ECHS cards. As this application was rejected, he approached the Armed Forces Tribunal, which held that he was not entitled to take benefit of his marriage with the foreign national, since the marriage was contracted without any permission.
The Supreme Court considered his appeal, was whether his marriage can be recognized for purposes of grant of post-retirement benefits, medical facilities and family pension etc.
Taking note of the factual scenario, It allowed the appeal directing the authorities 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 also to extend them all such benefits which a spouse and children of a retired officer would be entitled to.
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