R S RANA Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioners were inducted directly as Junior Commissioned Officers (for short 'direct entry JCOs') in the Military Engineering Service (for short 'MES') of the Army as is permissible under para 150 of the Defence Service Regulations of the Army (for short 'the Regulations') after a decision was taken by the Central Government in 1963 due to the shortage of qualified personnel after the Chinese aggression. The induction started after the Ministry of Defence, Government of India issued a letter dated 19th October, 1963 prescribing terms and conditions of such recruitment. However the retirement of the direct entry JCO's is governed vide Clause 163 of the Regulations, which reads as under:

(2.) The petitioners are aggrieved by the stipulation of four years tenure on attaining the rank of Subeder Major, which it is stated results in their Compulsory Retirement. It is stated that this is happening because the Ministry of Defence has not made specific terms and conditions of service for direct entry of such JCO's. It is submitted that on account of existing policy the direct entry JCOs are also not getting pension equivalent to their counterparts who also retire as Subedar Major but gets full pension due to longer tenure.

(3.) The petitioners by way of the present writ petition have made a challenge to the constitutional validity of the relevant clause in Regulation 163 as also to the policy instructions No. 1(6)/98D/Pension/Services dated 03.02.1998 annexed with the petition as Annexure P-III insofar as the said provision stipulates about the extent of pension admissible to them after the revision of pay scales. It is submitted that those conditions are unfair, unreasonable, discriminatory and ultra vires of the Constitution. They have also stated that various representations made by them have also not been considered by the respondents. Hence they have filed the present writ petition seeking following directions to be issued to the respondents by invoking Article 226 of the Constitution of India inter alia: -