CAPT N D SHARMA Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner joined as a Sepoy in the Army on3.12.1958 and was discharged on 4.1.1959 after 34 days of service. He rejoined on9.2.1960 and worked as Sepoy upto 13.6.1969 for 9 years, 4 months and wascommissioned on 14.6.1969, promoted as Captain on 22.1.1979 and was "dismissed" from service under Section 18 of the Army Act on 11.1.1980. This order wasmodified on 3.3.1980 as an order of "termination".

(2.) Petitioner, according to the respondent, did not have qualified service for pension (20 years) but was only entitled to gratuity. So far as his gratuity isconcerned a cut of 5% was imposed by an order dated 25.8.1980. The petitioner fileda writ petition C.W.P. 1644 of 1982 challenging the termination and also the cut of5% in gratuity. The writ petition was dismissed on 22.3.1985 and petitioner filedLPA 116/85 which was disposed of on 19.8.1986 upholding the rejection of pensionbut directing full gratuity. The order of termination was not disturbed. In otherwords the cut of 5% in gratuity was set aside. Consequently, orders were issued on6.7.1987 by the respondents directing full gratuity to be released. Contempt case168/87 was dismissed on 5.1.1988.

(3.) It is said petitioner moved Special Leave Petition 13195/86 against the High Court order andwhile dismissing the writ petition the Supreme Court observed that petitionercould send a representation to the Government (copy of the order has not beenfiled). On the basis that Government did not pay pension, petitioner filed W.P. 137/88 directly in the Supreme Court and the same was dismissed on 7.9.1992.