KUTTAN PILLAI Vs. UNION OF INDIA

JUDGEMENT

(1.) Appellant/petitioner served in the Artillery Regiment of the Indian Army from 5th May, 1942 to 14th January, 1947 (4 years and 254 days), as an Instructor in the Lok Sahayak Sena from 12th May, 1955 to 12th October, 1964 (9 years and 234 days) and in the Defence Security Corps (D.S.C.) from 17th March, 1965 to 7th May, 1970 (5 years and 57 days). The total service rendered by him is therefore 19 years and 180 days, of which 9 years and 234 days he was working as an Instructor in the L.S.S. In order to receive pension under Army Pension Regulations, a soldier has to serve a minimum of 15 years. The dates of service in the Army as stated above is not disputed. But pension was denied on the ground that the service he rendered while he was continuing as an Instructor in the L.S.S. cannot be counted. If the above 9 years and 234 days are excluded, he is not entitled for military pension. The question now to be considered is whether the service he has rendered as an Instructor in L.S.S. can be counted for military pension.

(2.) Lok Sahayak Sena is constituted under the Lok Sahayak Sena Act. A member of the L.S.S. is not governed by the Army Act. It is a voluntary force not named as one of the forces in Army Act. Any citizen of India not below the age of 17 years and not above the age of 40 years can offer themselves for enrolment as a Volunteer. A Volunteer is defined under S.2(e) of the above Act as it means a person enrolled in the Force under the Act. Duties of a Volunteer are mentioned in S.6 which are as follows:

(3.) Ext. P1 is the Discharge Certificate. It shows that he was working in the Artillery Regiment of the Indian Army and thereafter he was reenrolled. The Discharge Certificate was issued after his completion of 9 years and 185 days in the Army signed by the Commandant of JAT Regimental Centre. The Army Number was 6267900 and Rank given was 'Paid Acting Havildar'. See page 18 of the Original Petition which shows that appellant was reenrolled in 1955 and sent for training as an Instructor in the L.S.S. As already stated under S.6 of the L.S.S. Act, a volunteer has to get training for military service. 'Superior Officer' is defined under S.2(d) of the above Act is as follows: