K L SHARMA Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner has sought the quashing of the communication dated 23rd February, 2006 and 7th December, 2006 and communication dated 10th December, 1975 discharging the petitioner from the Naval service on the ground that his services were no longer required. THE petitioner has also sought the quashing of the order of the Tribunal dated 22nd July, 2011 dismissing the original application of the petitioner in T.A.No.328 of 2010. THE petitioner has further prayed for a writ of mandamus for the grant of pensionary benefits, for the service period rendered by him as if without a break till his superannuation from the service, in the rank of Master Chief Petty Officer, 1st Class, the rank to which he would have arisen had he not been discharged or such other pensionary benefits.

(2.) SOME relevant facts to comprehend the disputes are that the petitioner was enrolled as an Artificer Apprentice in terms of Sections 11 & 12 of the Navy Act, 1957 on 18th August, 1962 and after undergoing training from 18th August, 1962 to 19th August, 1966, the petitioner was promoted to the rank of Aircraft Artificer 5th class. Finally the petitioner was promoted to the rank of Aircraft Artificer 2nd class i.e. Chief Petty Officer on 9th July, 1974.

(3.) THE petitioner did not challenge his discharge from 10th March, 1976 up till 2005, which is when he started sending representations to the respondents alleging that he had been discharged arbitrarily. He thereafter, filed a writ petition in the year 2007 in the High Court of Delhi which was subsequently transferred to the Tribunal and was registered as T.A.No.328/2010.