UNION OF INDIA Vs. RAMACHANDRAN NAIR

JUDGEMENT

(1.) The respondents 1 to 5 in OP No. 2941 of 1992 who are respectively Union of India, Secretary, Ministry of Personnel Public Grievances and Pensions, New Delhi, Chief of Army Staff, Commandant, Bombay Engineering Group, Pune and Officer in Charge, CDA (Pension), Allahabad have preferred this appeal against the order dated 4-3-1996 passed by the learned Single Judge by which respondents 3 to 5 have been directed to disburse to the petitioner his pensionary benefits reckoning 15 years, 9 months and two days as the qualifying service in the Indian Army.

(2.) The petitioner in the Original Petition has prayed for the issuance of a writ of mandamus directing the respondents to disburse the pension and other pensionary benefits which have been withheld after his discharge from the Indian Army. His case is that he served in the Indian Army for 15 years and 272 days and was discharged from service on 15-12-1974. He was enrolled in the Army on 19-3-1959. He was decorated with a number of medals for his outstanding performance in the Army. Although he was discharged on the ground that his services were no longer required, yet neither pension nor any pensionary benefits were given after his discharge, inspite of the fact that he was entitled to get the same. He made several representations to the respondents, but no action was taken. Denial of pension to him being against the existing Army Rule, the action of the respondents is illegal.

(3.) Respondents 1 to 5 have filed a counter affidavit wherein it is stated that the petitioner was enrolled in the Army on 19-3-1959 as a Sapper Boy. Since his date of birth is 23 -3-1944, he had not completed the age of 17 to be eligible to be enrolled in the man service. He was remustered to recruit on 23-3-1961 with the terms of engagement as 7 years colour service and 8 years reserve service or till the attainment of 43 years of age, whichever is earlier. He was awarded punishment of imprisonment on various grounds for six times during his service tenure. He was discharged from service before completion of 15 years of colour/reserve service, under Army R.13(3) and item.3(V) of the table annexed as his further retention was considered undesirable. He is not eligible for any pensionary benefits as his service is less than 15 years. Under R.122(a)(II) of Pension Regulations Part-I, period of service rendered before reaching the age of 17 years is treated as non qualifying service for pension and gratuity. In addition, period due to absence without leave/overstaying leave is also not to be counted for pension. The petitioner's non qualifying service is for a period of 2 years 72 days out of 15 years 272 days. Hence his claim for grant of pensionary benefits is not admissible under the existing rules.