INDER SEN SMADDAR Vs. UNION OF INDIA

JUDGEMENT

(1.) It is just a coincidence that while the Nation is preparing to celebrate its Day of Independence, I am penning these lines to dispose of a writ petition filed by a soldier who fought for India's independence by joining the Indian national Army (INA for short) and after achieving the cherished goal, served free India in various capacities. The irony is that he loses this legal battle.

(2.) The petitioner served in the INA from June 2, 1942 to July 14, 1946. Later, from January 17, 1947 to February 5, 1949 he saw himself in Civil Service. On February 9, 1949 he joined (Officers Training School (OTS for short). His stay there lasted 200 days..From A .gust 28, 1949 to December 19, 1960 he served as TC Officer having been granted temporary Commission in the Army. The total service so rendered by him was11 years and 114 days. Thereafter, he was selected and granted Short Service Regular Commission with effect from Decembu' 22, 1960 from where he was released with effect from December 19, 1967. The case of the petitioner is that he was entitled to permanent regular commission on the basis relaxation of age limit allowed by communication of December 12, 1962 and since in his case no such relaxation was allowed, he was, consequently, deprived unlawfully of pensionary benefits amounting to Rs.l500.00 per month. He has thus sought the issuance of a writ of mandamus to grant pension to him with effect from December 19,1966.

(3.) Needless to say the respondents have not responded favourably. Their defence is that the petitioner was not eligible for grant of permanent regular commission and that as per the terms and conditions of his service he was not eligible even for pension.