MAHINDER SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) This writ petition is filed by the petitioner claiming grant of pro rata pension from the date of discharge of the petitioner from service i.e. w.e.f. 26/3/1985. The petitioner was enrolled in the Indian Army as Sepoy on 28/11/1972. The petitioner was discharged on 26/3/1985 after 12 years of service i.e. from 28/11/1972 to 26/3/1985. The petitioner submitted a representation to the Chief of the Army Staff in December, 1997 praying for grant of pro rata pension to the petitioner on the ground that he had rdendered 12 years of service. The aforesaid claim of the petitioner for grant of pro rata pension is based on the notification issued by the Ministry of Personnel and Training, Department of Pension, Government of India, which according to the petitioner is applicable also to the defence personnel regarding grant of pro rata pension.

(2.) Learned Counsel appearing for the petitioner during the course of his submission submitted that the petitioner is entitled to grant of pro rata pension in terms of Rule 59 of CCS (Pension) Rules, 1972 which provides that a person would be entitled to grant of pro rata pension upon 10 years of qualifying service. In support of his claim he also relied upon the notification of the Ministry of Home Affairs, dated 27/12/1995. He also relied upon copies of several decisions which are annexed to the writ petition namely - Division Bench decision of this court in Kuldeep Singh Vs. Union of India, reported in 1996 (36) DRJ 24; the decision single bench of this court in Jagpal Singh Vs. DTC, reported in 1997 (43) DRJ 434 and also the decision of Dhanraj and Others Vs. State of Jammu & Kashmir, 1998 Lab.I.C. 1477.

(3.) Counsel appearing for the respondents however, submitted that not only the writ petition is belated and is liable to be dismissed on the ground of delay and laches but that there is also no merit in the writ petition. He stated that the provisions of CCS (Pension) Rules on which reliance is placed by the petitioner are not applicable to the Army personnel, for the Army personnel are governed by the specific provisions of Pension Regulations for the Army, 1961, Part I. He drew my specific attention to the provisions of paragraph 132 of the said Regulations which provides that the minimum service which qualifies for service pension is 15 years. He also stated that in the aforesaid regulations which are applicable to the Army personnel there is no provision for the grant of pro rata pension.