LAWS(DLH)-1999-5-89

RAJ KUMAR Vs. UNION OF INDIA

Decided On May 04, 1999
RAJ KUMAR Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) Mr. Raj Kumar is the writ petitioner in CW 3833 of 1997 and CW 876/98. In CW 3833 of 1997 the petitioner has prayed for the following reliefs:

(2.) On 15.1.1983 he joined the service of the Navy. The respondents has taken the view that there should be a complete period of 15 years service for getting the pension and the training period of 4 years was excluded from consideration. The Supreme Court in its judgment - Anuj Kumar Dey v. Union of India dated 28.11.1996 reported in JT 1996 SC 679 has held that training period of 4 years should be counted in total service for pension. In 1997 the petitioner gave an option to continue to work for four years without the knowledge of the judgment of the Supreme Court. The respondents would not permit the petitioner to get released on the scheduled date of 31.1.1998. The petitioner wrote to the respondents for withdrawal of willingness of re-engagement. That is filed as Annexure III which reads as under:

(3.) On 9.4.1997 the Commodore, Bureau of Sailors, Chhetah Camp, Mankhurd, Bombay - 400 088 had recommended his case and the same is as under;