V K SHARMA Vs. UOI

JUDGEMENT

(1.) Rule has already been issued in this writ petition on 19th May, 1998. With the consent of the counsel for the parties, the writ petition is taken up for final hearing.

(2.) This writ petition under Article 226 of the Constitution of India challenges the Order dated 16th September, 1995 passed by the respondent.

(3.) The facts of this are not in dispute. In November, 1964 the petitioner was appointed as ' Emergency Commissioned Officer' in 5th Battalion Jammu and Kashmir Rifles. In 1968 he was posted at Secunderabad as Officer Commanding, Andhra Pradesh. While undergoing training at Intelligence School, Pune, the petitioner used the unit's vehicle to return to Sholapur as his scooter broke down. On 8th June, 1970 the petitioner was dismissed from service inter alia on the ground of use of unit's vehicle without permission and due to dishonour of cheques. The petitioner stand was that he was travelling to report for duty to Secundrabad on account of his scooter having broken down and he took a lift in an Army Vehicle and the cheque which was dishonoured was mess bill for Rs.150/- which was immediately paid. Consequently on 7th December, 1977 the order of his dismissal from service has been converted into a discharge from service. Pursuant to the discharge from service and in accordance with the instructions issued by the Army Headquarters on 9/12/ September, 1968, the petitioner raised the claim for terminal benefits. Reliance has been placed on Para 2 of the said instructions:- 2. The claims will be initiated as soon as possible after the date of release of the petitioner and not earlier. Particular attention is invited to para 2 of A1 6/S/65 according to which Gratuity should be calculated at Rs.1000/- for each completed year of service plus Rs. 500/ - for broken period of six months (180 days) or more. The following certificates are required to be attracted with the Contingent bill claims by the Unit/Officer as the case may be while forwarding the claim to this HQ, MS Branch/MS7, DHQ, PO New Delhi-11.' i) Final No Demand Certificate (IAFA- 450) ii) Casualty Return notifying the date of Release of the officer. iii) Satisfactory Service Certificate as per Apex to AQ 475/67. iv) Certificate Aas per Appx II to AO 394/66. v) Certificate vide para l(a) Appx 1 to AI 6/S/65.