O P RANA Vs. UNION OF INDIA

JUDGEMENT

(1.) In this petition under Article 226 of the Constitution of India the petitioner has been praying for issue of writ of mandamus requiring the respondents to pay the full pension benefit of 33 years qualifying service w.e.f. 10.6.1991 together with arrears of pension and gratuity after revising the pension.

(2.) The only question involved in this writ petition is whether the petitioner is entitled to full pension after completing 31 years of service in para military service or not ?

(3.) The say of the petitioner is that the petitioner joined the civil service on 7.4.1960 in the Intelligence Bureau, Central Government and was granted commission on 3.1.1963 and he served in the military upto 15.9.1967 and on the same day, he was transferred to B.S.F. as Assistant Commandant; that the petitioner was promoted to the rank of Commandant, Selection Grade till he retired on 10.6.1991 and that the petitioner was transferred to pension establishment w.e.f. 10.6.1991 after completing the age of 55 years; that the petitioner was granted pension for 31 years without granting any weightage and that the petitioner made representations and approached personally and vide reply dated 28.1.1998, his representation came to be rejected.