JUGBIR SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) THE present writ petition seeks an order or direction to respondent to pay arrears of pay and allowances/pension to petitioner. We have heard learned counsel for the parties on the merits of the controversy.

(2.) THE undisputed facts giving rise to the petition are noticed hereafter. The present petitioner was enrolled as a Sepoy in 1981 with the Army in the Regiment of Artillery. Unfortunately he was tried by Summary Court Martial and vide order dated 15.11.1993 found guilty and sentenced to three months imprisonment as well as dismissal of service. On that day he held the rank of Havildar and his total service with the Army was of about 12 years only.

(3.) AT the time of the passing of the order one important factor was not brought to the notice of the Armed Forces Tribunal. If the petitioner has remained in service, he would have superannuated on 31.12.2005. Ignorant of this fact, while passing the judgment dated 17.11.2009, the Ld. Tribunal passed directions to the respondents that the petitioner would be entitled to the pension and that the petitioner would be deemed as if in service from the date of dismissal order and the period rendered by him in service, including the period till he was due to retire, would be taken into account for his pensionary benefits.