UNION OF INDIA Vs. EX SUBEDAR SUKHAN LAL

JUDGEMENT

(1.) Special leave granted.

(2.) By order dated 11-6-1985 the Government of India introduced pensionary benefits for personnel of the Territorial Army. The question that falls for consideration in this appeal is whether in cases where the personnel had retired prior to 11-6-1985 the said benefit is to be granted with effect from the date of the said order, i. e. , from 11-6-1985, or it has to be extended with effect from the date of retirement.

(3.) The respondent was enrolled in the Rajput Regiment of the Indian army on 3-5-1938. He was discharged after serving in the army for 7 years and 348 days. Thereafter, he joined the Territorial Army on 19-7-1950 and he retired therefrom as Subedar in 1972. He rendered about 22 years' service in the Territorial Army. At the time when he retired from the Territorial Army there was no provision regarding pension for personnel of the Territorial army. The matter regarding grant of pension to personnel of the Territorial army had been engaging the attention of the authorities since 1979 and a recommendation for grant of pension was made in the report of the Territorial army Committee in 1982 which was accepted by the Government and thereafter the order dated 11-6-1985 was issued whereby service pension was granted to all Territorial Army Officers and JCOs/ors (other than civil government servants and civil pensioners) who have a minimum qualifying aggregate embodied service of 20 years in the case of officers and 15 years in the case of JCOs/ors. In the said order it is expressly stated: