SARJEET SINGH MAIDHAN Vs. UNION OF INDIA

JUDGEMENT

(1.) The short question that arises for consideration in this Special Civil Application is that if the petitioner is declared a deserter in State of Assam and his representation is rejected at Gaya (Bihar), whether the cause of action to sue would be available to the petitioner to file Special Civil Application, in Gujarat High Court on the ground that he is a resident of State of Gujarat?

(2.) The petitioner was enrolled in the Indian Army as a Constable on 18.11.1987. He was promoted on the post of Naik. While he was in service as Naik 'C' Coy 521 ASC Battalion, Assam, he was granted leave with effect from 11.4.2006 to 16.5.2006. He overstayed after 16.5.2006 and did not return for joining Army at Assam. Therefore, he was declared deserter as he was absent from duty from 16.6.2006. The petitioner's mother Dakha started claiming regularisation of debit balance of deserter before the ASC, Records (AT) (Paharpura), Gaya, Bihar. The aforesaid authority informed Dakha that the certificate duly signed and counter -signed by District Soldiers Army Welfare Office be written, so that action may be taken. Similar letters were also sent on 27.5.2008 and 30.11.2008. The petitioner wrote a letter to the aforesaid Authority on 21.11.2008 claiming pension and other retiral benefits. On 15.4.2010, the petitioner claimed pension and other retiral benefits from the office at Gaya (Bihar). He was informed on 18.4.2010 that those soldiers who are declared deserter are not paid pension. For other amounts he may write to the President of India, Central Government. Thereafter, the petitioner filed Special Civil Application No.3223 of 2010 before this Court, which was dismissed on 29.3.2010 as pre -mature. In this application the petitioner has prayed for quashing of the communication dated 28.4.2010 denying pension and has prayed for pension and other terminal benefits.

(3.) We have heard Mr.Vaibhav A.Vyas, learned Counsel holding the brief of Mr.Paresh Upadhyay, Counsel for the petitioner.