SHISH RAM Vs. UNION OF INDIA

JUDGEMENT

(1.) This is an appeal by way of special leave under Article 136 of the Constitution against the judgment dated 22.11.2004 of the Delhi High Court in Writ Petition (Civil) No.5580 of 2000 (for short 'the impugned judgment').

(2.) The facts very briefly are that the appellant was enrolled in the Army on 28.01.1963. As per the terms of his enrolment, he was to put in not less than ten years in Army Service and if required, a further period in Reserve Service which would be sufficient to complete a total period of twenty years of service. Afterhe completed more than ten years of Army Service, he was transferred to the reserve establishment with effect from 24.07.1974. While in the reserve establishment, he was required to attend reservist training held from time to time. He attended the biennial reservist training for the year 1976. An intimation dated 20.01.1978 was sent to him to attend the biennial reservist training from 05.06.1978 to 02.07.1978 but he failed to attend the reservist training. He was given another chance and was advised to attend the reservist training with the next batch from 19.06.1978 by an intimation dated 16.05.1978 and yet he did not attend the reservist training. On coming to learn that the appellant was employed as a driver in the Delhi Transport Corporation, letters were sent to the appellant as well as the Depot Manager of the Delhi Transport Corporation for furnishing the required exemption certificate exempting him from the training during 1978, but there was no response to the letters. Consequently, the appellant was declared as a deserter with effect from 19.06.1978 and was eventually dismissed from service with effect from 20.10.1981.

(3.) The appellant filed Writ Petition (C) 1294 of 1997 which was disposed of by the High Court with a direction to the authorities to consider the representation of the appellant with liberty to the appellant to file a fresh writ petition in case he is aggrieved. After the representation of the appellant was rejected, the appellant filed Writ Petition (C) No.2728 of 1997 which was also disposed of by the High Court on 28.04.2000 granting permission to the appellant to withdraw the writ petition and to challenge the order of dismissal. Thereafter, the appellant filed Writ Petition (C) No.5580 of 2000 challenging the order of dismissal and claiming pension and by the impugned judgment the High Court has dismissed the writ petition.