HAWA SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner has prayed for the issue of certiorary to quash the order dated the 3rd of July, 1997 passed by the Chief Record Officer, Defence Security Force Records. The case of the petitioner could be shortly stated:

(2.) The petitioner was enrolled in the Territorial Army as combatant soldier on the 18th of August, 1959. The petitioner served during Indo-Pak military conflict during 1965. He was awarded a marritorious medal `Samar Seva Star'. On the 2nd of July, 1970, he was discharged from the Territorial Army. He had rendered service for 10 years, 11 months & 14 days. He was re-enrolled on the 6th of November, 1970 in the Defence Security Corps. He was discharged therefrom on the 30th of April, 1974 after having served for 3 years, 7 months & 24 days. The persons who had served in the Territorial Army and the Defence Security Corps are granted service pension under Pension Regulations for the Army, 1961, which would require the qualifying service of 15 years. The petitioner claimed pension. That was not granted. He filed the CWP.2212/97 and this Court disposed of the same on the 28-5-1997 directing the authorities to consider and dispose of the claim of the petitioner. Thereafter, by order dated the 3-7-1997, the claim of the petitioner for service pension was rejected.

(3.) In the grounds of the writ petition, it is stated:-