EX SEP CHHATAR PAL Vs. UNION OF INDIA

JUDGEMENT

(1.) Leave to appeal is granted.

(2.) The appellant worked as a Sepoy in the Indian Army. He was discharged from service by an order dated 16th July, 2001. He challenged the order of discharge by filing a writ petition in the Delhi High Court. The said writ petition was transferred to the Armed Forces Tribunal ('the Tribunal'). The appellant also sought for pensionary benefits in the matter pending before the Tribunal. While affirming the order of discharge, the Tribunal by a judgment dated 04th April, 2012 directed the respondents to consider waiver of the minimum qualifying service for pension.

(3.) After reconsideration of the matter, the respondents decided that the appellant is not entitled for pension as he fell 79 days short of 14 years. The minimum qualifying service that is required for eligibility to claim pension is 15 years which can be relaxed by a year.