RAMACHANDRAN NAIR Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner was a regular combatant of the Indian army. He joined the Army on 19. 3. 1959 and was discharged en 15. 12. 1974 after completing 15 years, 9 months and 12 days of regular service. THE grievance of the petitioner is that notwithstanding the fact that he possesses the qualifying service necessary for pension , the respondents have denied pensionary benefits to him. THE fact that the petitioner has completed 15 years, 9 months and 2 days is borne out by Ext. P1 certificate of service. Since Ext. P2 and P3 representations preferred by the petitioner did not elecit any response, the petitioner has moved this court with the present writ petition praying for the issuance of a writ of mandamus directing the respondents to disburse the pension and other benefits due to the petitioner with immediate effect.

(2.) THE respondents have filed a counter affidavit disputing the claim of the petitioner.

(3.) IN the light of the aforesaid discussion, I hold that the petitioner is entitled to pensionary benefits reckoning 15 years, 9 months and 2 days as the qualifying service irrespective of his age at the time of his initial recruitment on 19. 3. 1959, IN the result, I allow this original petition and direct respondents 3 to 5 to disburse to the petitioner his pensionary benefits reckoning 15 years, 9 months and 2 days as the qualifying service within three months from the date of receipt of acopy of this judgment with admissible interest. Original Petition is allowed as above. . .