A K MALHOTRA RETD Vs. UNION OF INDIA

JUDGEMENT

(1.) In CW 2813/94, initially an order of reference was made by Anil Dev Singh, J requesting that the matter may be considered by a larger Bench. Later, other cases were tagged on to CW 2813/94. It will be sufficient to refer to the facts and points raised in CWP 2813/94.

(2.) The facts :

(3.) The petitioner was born on 20.5.1938. He later entered Army service and was commissioned in the Army (ASC) on 12.6.60 and was promoted to Selection grade rank of acting Brigadier in December, 1986 and he retired from service on 31.5.90 on attaining the age of superannuation i.e. 52 years in terms of Rule 16A (5)(a) of the Army Rules, 1954. The prescribed minimum period of qualifying service for a person to seek retirement is 20 years and for retiring gratuity is 10 years in respect of commissioned officers in the Army. The petitioner says he earned a right to pension and gratuity by 31.5.90 and also became entitled to leave encashment of 150 days of annual leave. The said details were published in part II order No. 19/90 dated 13.7.90 (Annexure P2). His service was neither extended not was he paid salary beyond 31.5.90.