P K S BHATTY Vs. UOI

JUDGEMENT

(1.) THE petitioner who is due to superannuate on May 31, 2016, has as of today, one year, two months and twenty days service left.

(2.) IT is not disputed by the respondents that during this period the petitioner can avail leave for 160 days and would have a right to be sent to a place of his choice for 189 days where he would be receiving training of a kind he desires to enable him to find an avocation when he retires; for the Armed Forces have a benevolent policy under which its members are given training at resettlement courses so that they can gain employment post -superannuation. The purpose of the policy is keeping in view that enrolled and commissioned officers in the Armed Forces superannuate at a fairly young age and are productive assets for the society. Their skills need to be sharpened, and the purpose of the resettlement courses is to sharpen their skills.

(3.) 160 + 189 = 349. In other words, out of 445 days service left, the actual duties performed by the petitioner would be for 96 days i.e. 03 months.