EX GUNNER HOSHIAR SINGH Vs. U O I

JUDGEMENT

(1.) This matter was taken up on different dates earlier. Counsel for the petitioner was placing strong reliance on annexure R-1, which is annexed to the rejoinder. The said document was not produced and annexed with the writ petition. After the respondents submitted their counter affidavit, the said document came to be filed by the petitioner in this court along with the rejoinder.

(2.) On 13th September, 2004, when the matter was taken up it was pointed out by the respondents that there are interpolations in the said document - Annexure R-l at page 11. Therefore, a direction was issued to the petitioner to place the original of the said document in order to verify as to whether or not there is only interpolation in the said document. It was pointed out by the respondents that the endorsements in page 9 of Annexure R-l at running page 31, are interpolations by the petitioner.

(3.) In the counter affidavit the plea taken by the respondents was that the petitioner sought premature discharge from service at his own request before fulfilling conditions of his enrolment as it is evident from the extracts of the Long Roll. It was also stated that name of the petitioner was struck off from the army with effect from 9.12.1976 and not on medical ground as stated in the petition. It was also stated in the said counter affidavit that the petitioner was in the medical category AYE at the time of discharge from the army. The specific stand of the respondents is that since the petitioner was discharged from service in medical category AYE and that he had not completed minimum 15 years of service, and therefore, he was not eligible for grant of either service pension or disability pension in terms of para 132 and para 173 of Pension Regulations for Army 1961.