VIVEKY RAI Vs. UNION OF INDIA AND ORS.

JUDGEMENT

(1.) In this writ petition the petitioner has challenged an Order dated 16(3)/2012/D(GS-III) issued by the Government of India, Ministry of Defence, informing the petitioner that the President had, in exercise of powers conferred inter alia by section 18 of the Army Act, 1950, been pleased to be deemed to have withdraw pleasure and order the services of the petitioner to be deemed to have been terminated with effect from 11.09.2009.

(2.) On or about 05.05.1997, the petitioner was granted commission in the Territorial Army by the President of India, in the rank of Second Lieutenant. It was directed that the petitioner would be embodied on permanent staff under the Territorial Army Act.

(3.) On 16.08.2001, the petitioner joined 129 Infantry Battalion (TA), which was deployed in Jammu and Kashmir. After the petitioner was deployed in the 129 Infantry Battalion, the petitioner continued to remain subject to the provisions of the Army Act 1950 and the Rules and Regulations framed thereunder in the same manner and to the same extent as if he held the rank of Major in the regular Army, by virtue of Section 9 of the Territorial Army Act, 1948.