A. SIVAKUMARAN Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner was working as a commissioned officer in the Indian Army. He took voluntary retirement on 29th December, 1992 after having rendered 17 years of service. He has now filed the present writ petition seeking a mandamus directing the respondents to pay pro -rata pension to him with effect from the date of his retirement.

(2.) APPEARING for the petitioner Major Ramesh argued that the petitioner was entitled to claim pro -rata pension on the basis of the recommendations made by the 4th Pay Commission. He submitted that the report of the pay commission continued the existing system of pension payable upon completion of 10 years of service. Since the recommendations had been accepted by the Government of India, the respondents have no justification for refusing the said relief to the petitioner.

(3.) THERE is, in our opinion, no merit in the contention urged by Major Ramesh. The entitlement of the Commissioned, Junior Commissioned and Non -Commissioned officers serving in the Army for payment of pension is regulated by the Pension Regulation for the Army, 1961. Regulation 25 of the said regulations specifically provides that the minimum period of qualifying service actually required and rendered for earning retiring pension shall be 20 years. The provision may be gainfully extracted at this stage: