HANS RAM Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner claiming to be an ex-army personnel enrolled in the Watch and Ward Wing of the Indian Army has filed this petition seeking a writ of mandamus directing the respondents to pay pension to the petitioner w.e.f. 15.12.56.

(2.) Having heard the learned counsel for the parties, we are satisfied that in the facts and circumstances of the case, the petition is liable to be dismissed on account of culpable delay and laches on the part of the petitioner in filing the writ petition.

(3.) It is not disputed that the petitioner was enrolled in the watch and ward wing of the Indian Army on 16.12.41. He retired on 15.12.56, at the age of 41 years. According to the petitioner, he having rendered 15 years service in the Army was entitled to receive pension which having been denied, he has approached the Court. According to the respondents D.V. personnel of Watch and Ward Wing were offered regular engagement vide Govt. of India letter dated 18th August, 1954 so that entire service rendered on war engagement is counted towards pensionary service. Subsequently, regular engagement term were offered to such personnel by lowering and other standards as far as possible so that they become eligible to earn pension under the new pension code by virtue of their regular status. Those who did not volunteer or were not accepted for regular engagement were to be discharged by 1st April, 1956. Some of them as had some reckonable pre-war engagement service were declared eligible for pension under the New Pension Code. Those whose entire service was on war engagement, a gratuity of 15 days pay for each year of service was provided.