V P MATHUR Vs. UNION OF INDIA

JUDGEMENT

(1.) The facts that are necessary for the disposal of this writ petition could be stated briefly thus:

(2.) The petitioner was given the benefit of previous service of four years and 202 days for the purposes of seniority, promotion and pay.

(3.) From 29.12.1971 to 19.7.1973 the petitioner rendered the service in the Special Short Commission. While doing service in the Special Short Commission, through proper channel, the petitioner applied to the Central Reserve Police Force. The petitioner was released from the Short Service Commission in the Indian Army on the 20th of July, 1973. On the 25th of July, 1973, the petitioner joined the Central Reserve Police Force as Deputy Superintendent of Police. On the 28th of February, 1976, the Ministry of Finance, Department of Expenditure, Government Of India, had issued an Office Memorandum with reference to the simplification of procedures with a view to eliminating delays in the payment of superannuation pension and death-cum-retirement gratuity. The relevant portion of that office memorandum reads as under:- Breaks in Service In the absence of a specific indication to the contrary in the service records, an interruption between two spells of service rendered in the Central Government including service paid out of Defence Estimates or Railways Estimates will be treated as automatically condoned and the pre-interruption service treated as qualifying service for pension, except where it is otherwise known that the interruption was caused by resignation/dismissal or removal from service or participating in the strike. The period of interruption itself will under no circumstances be reckoned as qualify service for pension."