SEPOY DURGA PRASAD Vs. UNION OF INDIA

JUDGEMENT

(1.) By this writ petition the petitioner is seeking setting aside of the order dated 20th February, 1999 whereby the petitioner was removed from service with the Defence Security Corps (hereinafter referred to as "he DSC"). The petitioner is also claiming his pensionary benefits, gratuity and other benefits and compensation for illegal termination of service and cost of the present proceedings.

(2.) The facts giving rise to the present petition, which are necessary for the purposes of deciding the present petition, are set out hereafter. The petitioner joined the Indian Air Force as a Sepoy on the 26th February, 1984. It is claimed that he was enrolled with the Defence Security Corps on 22nd February, 1984 which duty and enrolment he claims to have discharged satisfactorily for a period of ten years and his appointment with the D.S.C. was extended for a further period of five years from 27th February, 1994 to 26th February, 1999. Though he overstayed his leave on four prior occasion for reasons beyond his control, it is claimed that upon joining duty, the petitioner was permitted to join but subject to punishment for overstaying his leave. The petitioner further contends that he served his unit till the 31st March, 1999 yet was shown as discharged from service with effect from 20th February, 1999. The petitioner contends that he has been deprived of his retrial benefits as he is being treated as having been discharged from service after serving the Air Force for fourteen years eleven months and twenty eight days. Despite representations to the O.I.C. Records for grant of this pension and other benefits, the petitioner has received nothing. His notice to the respondents in this behalf dated November, 2000 has also not elicited in response let alone any favorable action on the part of the respondents. The petitioner had earlier filed the writ being writ no. 3720/2001 which was withdrawn with liberty to file a fresh petition on the same cause of action on 17th July, 2001. Hence the present writ petition.

(3.) On the other hand, the respondents contend that the petitioner had initially served with the Army Medical Corps from 24th November, 1965 to 30th November, 1982. The Petitioner was discharged from his former service on completion of his full term of engagement and was granted service pension with effect from 1st December, 1982 in respect of such service. He is drawing service pension for service with the Army Medical Corps. Thereafter the petitioner was enrolled into the D.S.C. on 26th February, 1984 for a period of ten years and his term of engagement was further extended from 22nd February, 1994 till 21st February, 1999. The respondents contend that during his D.S.C. service he was tried on four occasion and awarded punishment on 22nd July, 1984, 21st April, 1992, 29th April, 1993 and 21st September, 1993. On each occasion, it is contended that the petitioner was awarded rigorous imprisonment/detention for overstaying of leave.