SURESH KUMAR DUTT Vs. UNION OF INDIA

JUDGEMENT

(1.) The appellant has questioned the legality and validity of the judgment and order of the learned Single Judge recorded on 11/9/1997 in a writ petition whereby the petition came to be dismissed, by invoking the aids of the provisions of Clause 15 of the Letters Patent.

(2.) Appellant is the original petitioner, who was working as a Sepoy - Driver in the Army service since 19/10/1977. He joined Army Service Corps as a Driver (Mechanical Transport) which is a part of the armed forces of Union of India. The writ petition was directed against the order of the respondent authority dated 22/8/1984. Since original petitioner had not completed qualifying service, the respondent authority was moved by the petitioner for condonation of deficiency in qualifying service of 473 days. The petitioner's case has been that since his wife was seriously ill and on refusal of leave, he had remained absent for 473 days. He voluntarily resumed his service and for deserting service without leave, he came to be awarded rigorous imprisonment in military custody for 42 days. Thereafter, he was taken on duty. He was also given two promotions, first to the rank of Lance Naik and second to the rank of Naik.

(3.) Pursuant to Rule 132 of Pension Regulations for the Army (Part-I) the minimum qualifying service for earning service pension is 15 years. Petitioner had not completed qualifying service of 15 years as there was deficiency of 473 days. Petitioner had executed prescribed form on 20/5/1992 together with physical fitness certificate and served upto 31/1/1994.