P K DUTTA RETD Vs. UNION OF INDIA

JUDGEMENT

(1.) The present writ petition has been filed by the petitioner for issuance of a writ in the nature of mandamus or any other writ or order for directing the respondents to pay:

(2.) The brief facts of the case are that the petitioner joined Army as a Commissioned Officer on June 12,1960. He was promoted to the rank of Brigadier in due courseoftimeonDecemberl6, 1986. The petitioner retired from the Army service on December 31, 1991 on attaining the age of superannuation after rendering service for31 years six months and 19 days and, as such, became entitled to receive pension and gratuity for his previous satisfactory service and he also became entitled for encashment of leave, as referred to above. The prescribed minimum period for qualifying service required for superannuary benefits is 20 years with regard to pension and 10 years in respect of gratuity. The petitioner contends that he having completed the statutory period is entitled to these benefits which he earned on successful completion of his service as an officer in the Army.

(3.) The retiral benefits of the petitioner were withheld vide communication issued / on January 7, 1992 on the ground of some disciplinary proceedings to be initiated against him after his superannuation. The petitioner submitted his representation on April 4, 1992 protesting against withholding of the benefits and challenged the withholding of pension and retirement gratuity as illegal. Thereafter, certain more correspondence was exchanged between the parties and the petitioner further submitted representations for release of his retiral benefits, but the same were withheld in view of the pendency of the disciplinary proceedings against him. The General Court Martial proceeded against the petitioner by invoking the provisions 'of Section 123 of the Army Act, 1950 (hereinafter referred to as the 'Act') and placed him in close arrest in military custody with effect from December 31,1991. There after, he was tried by the General Court Martial from June 6, 1992 to April 2, 1993. The said Court Martial, on consideration of the charges which are filed as Appendix 'A' to annexure P.8 to the writ petition, awarded him the sentence to be 'cashiered and to suffer Rigorous Imprisonment for three years '. The findings of the Court Martial were confirmed by the Chief of Army Staff, who remitted the unexpired portion of rigorous imprisonment on September 30, 1993.