V P DAHIYA Vs. UNION OF INDIA

JUDGEMENT

(1.) . The petitioner has filed the present writ petition with a prayer for issuance of a direction to the respondents to pay higher rate of pension to the petitioner by counting full pre-commissioning service and also adding weightage of 9 years towards qualifying service for pension.

(2.) In order to appreciate the contentions raised by the parties and to answer the issue that falls for our consideration, a brief sum up of the facts leading to the filing of the present writ petition is set out hereafter.

(3.) The petitioner was enrolled as combatant Airman in the Indian Air Force on 13.11.1964. In the aforesaid capacity, the petitioner served upto 5.9.1970. Therefore, the petitioner had a total of 5 years 297 days as Airman. The petitioner was granted a Short Service Commission on 5.9.1970 and he worked in that capacity upto 3.10.1980, when he was released from the Army in the rank of Captain. The petitioner thereafter was given pension by the respondents computing his qualifying service for pension as 13 years 348 days in the following manner: I Service as Airman with effect from 13.11.1964 to 5.9.1970 (5 years 297 days to 2/3rd) = 3 years 319 days II Service as Short Service Commissioned Officer with offect from 6.9.1970 to 3.10.1980 = 10 years 28 days Total = 13 years 348 days