BHUVANENDRAN Vs. UNION OF INDIA

JUDGEMENT

(1.) Petitioner had worked in the General Reserve Engineering Force (GREF) under the respondents for the period from 19.12.1965 to 1.5.1981. As per Ext.P1 he was discharged from the service of GREF with effect from 1.5.1981 at his request. The petitioner avers that he has more than 15 years service in GREF and that the Apex Court in R. Viswan Vs. Union of India, reported in (1983) 3 SCC 401 : AIR 1983 SC 658 has held that GREF is an integral part of the Armed Forces of the Union of India and had directed the Central Government to ensure that the service benefits of the GREF personnel are in par with that of the Armed Forces. The petitioner represented for grant of pension reckoning his service in GREF as 15 years of service is the minimum qualifying service for grant of pension as per the Army Pension regulations. But that his request was turned down as per the impugned orders on the ground that he is covered by the provisions of the CCS (Pension) Rules, which has prescribed a minimum 20 years of qualifying service for grant of pension. The prayers in the petition, as amended through the application for amendment of W.P.(C), are for issue of writ of certiorari to quash the impugned Ext.P3 rejection order dated 31.1.2001 and for declaration that petitioner being an erstwhile member of the GREF is entitled to receive the pensionary benefits at par with the Army personnel for the service rendered in GREF and for mandamus to direct the respondents to consider and pass orders in accordance with law on Ext.P4 representation filed by him in the light of the aforementioned decision of the Apex Court in Viswan's case (supra) and for a mandamus to direct the respondents to grant pension to the petitioner in terms of the CCS (Pension) Rules as he had completed the minimum qualifying service of 10 years, as on the date of his discharge.

(2.) It is seen from Ext.P1 dated 1.6.1981 that the petitioner was working as Mason in GREF from 19.6.1965 and that he has been discharged from the service of the GREF with effect from 1.5.1981 at his own request and that his conduct during the service was satisfactory. As per Ext.P2 proceedings dated 14.8.1985, the Government of India has notified that the President of India is pleased to declare GREF to be an integral part of the Armed Forces of India. Petitioner's representation for grant of pensionary benefits was rejected as per Ext.P3 on the ground that as per the provisions of CCS (Pension) Rules, minimum 20 years of qualifying service is required for the grant of pension and that since he has served in GREF only for the period from 19.12.1965 up to 1.5.1981, he is not entitled to pension as per the provisions of CCS (Pension) Rules. The petitioner had subsequently represented before the Government of India as per Ext.P4 pointing out that the President of India has already declared GREF to be an integral part of the Armed Forces of India as per Ext.P2 pursuant to the judgment of the Supreme Court in R. Viswan's case and therefore all service benefits especially that of pension should be given to GREF personnel at par with Armed Forces personnel and further that as 15 years of service is the minimum qualifying service for the grant of pension as per the Army Pension Regulations, the petitioner is entitled to the grant of pensionary benefits at par with Armed Forces personnel in the light of the judgment of the Supreme Court in R. Viswan's case.

(3.) The background which led to the pronouncement of the judgment of the Apex Court in the case between R. Viswan Vs. Union of India (supra) has to be examined. On 23.9.1960, the Government of India issued two notifications, viz., SRO Nos.329 and 330, the former under sub sections (1) and (4) of Sec. 4 of the Army Act making various provisions of the Army Act, including Sec. 21 thereof applicable and the latter SRO 330 was issued under Sections 21, 102(4) and 191 of the Army Act making various provisions of the Army Rules including Rules 19, 20 and 21 thereof applicable to the GREF. However, it was also provided that the terms and conditions for appointment of directly recruited personnel of GREF would be governed by the provisions of the CCS (CCA) Rules, 1965 but that for the purpose of discipline, they would be subject to certain provisions of the Army Act, 1950 and the Army Rules framed thereunder and that they might be required to serve anywhere in India and outside India and when directed, they would have to proceed on field service and, if required, they would also be liable to serve in any Defence Service or post connected with the defence of the Union of India.