P R SAINI 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. 1.10.1995 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 33 years of service in para military service or not?

(3.) The say of the petitioner is that the petitioner was selected for commissioning in the Army and reported to Officer's Training School at Madras on 24.1.1963; that the petitioner completed his training on 12.10.1963 and he was granted commission on 13.10.1963 and was posted at Jat Regiment; that the petitioner was promoted to the rank of Captain and then he was transferred to Border Security Force on 1.7.1968; that the petitioner was promoted to the rank of Commandant in January, 1995 and retired at the age of 55 years and transferred to Pension Establishment w.e.f. 1.10.1995 after completing the age of 55 years; that the petitioner has rendered total service of 32 years, 5 months and 7 days; that the petitioner was granted pension for 32 years of service without granting any weightage and that the petitioner made representations and approached personally and vide reply dated 19.9.1996, his representation came to be rejected.