SUBEDAR SATBIR SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) Challenge is made in the present writ petition to the order dated 1/7/1992 issued by the respondent rejecting the claim of the petitioner to count the former army service of the petitioner towards pension. The petitioner has prayed for a direction to the respondents to count the former army service of the petitioner towards pension and to pay all the dues to the petitioner after re-fixation of the pension for the length of 28 years of service w.e.f. 1.5 1992.

(2.) The petitioner was enrolled as a Combatant Soldier in the Indian Army on 28/10/1963. The petitioner was however, discharged from the Army service w.e.f. 18/8/1968. Thus the petitioner served in the Army for 4 years and 346 days. Subsequently, the petitioner was re- employed in the Defence Security Corps (hereinafter referred to as 'DSC' for short) on 5/4/1969. The respondent No.3 circulated a letter dated 19/3/1983 whereby options were called for within 6 months from the date of issue of the letter dated 3/3/1983 for counting of former service of the individual towards pension and gratuity in DSC. It was indicated in the said letter that DSC personnel were required to exercise their option within 3 months from the date of issue of the Government letter dated 3/3/1983 till 2/6/1983 as under-

(3.) It is alleged by the petitioner in the writ petition that (curing the aforesaid period the petitioner was posted at INS Kunjali, Bombay and that no body instructed the petitioner to exercise the option during the aforesaid period and the petitioner had no knowledge about the issuance of the said circular. It is stated that subsequently, when the petitioner was posted in 1986 at COD Agra, he was asked to exercise his option and then the petitioner exercised his option to count his former service in the Army towards pension. However, the option of the petitioner was rejected by the respondent and therefore, the present petition is filed in this court.