S V DURAIRAJ Vs. UNION OF INDIA

JUDGEMENT

(1.) PETITIONER has filed this writ petition praying to issue a Writ of certiorarified mandamus calling for the records of the third respondents issued in NO.03178/SP/17/DG-1 dated 17.6.1992 and quash the same and consequently direct the respondent to pay the pension based on the military service of the petitioner.

(2.) IN the affidavit filed in support of the writ petition, the petitioner would submit that he joined the INdian Army in the Madras Regiment on 13.1.1945 and he was discharged on 15.8.1961 on account of completion of the terms of engagement; that he was paid gratuity amounting to Rs.75 per month in lieu of pension of Rs.10 per month in lieu of pension of Rs.10 p.m.; that after his service in the army, he was re-employed as Record Keeper on 14.5.1955 in the Ministry of External Affairs, New Delhi; that he repaid the gratuity received for restoring the pension, which at the time of his discharge was Rs.10 and on enhancement thereafter, the present rate is Rs.1,200 and therefore, inspite of several representations made on his part to the second respondent with lawyer's notice dated 5.7.1993 and 28.10.1993, the respondents by the impugned order dated 17.6.1992 rejected his representations exercising option for reservist gratuity in lieu of reservist pension, stating that the option once exercised for reservist gratuity in lieu of reservist pension cannot be revoked; that rejecting his further representation dated 22.5.1993 by their letter dated 29.5.1993, they gave the same reply to his counsel also by letter dated 9.11.1993. Calling the impugned order as arbitrary and in total ignorance of service rendered for 16 years and the rejection of the gratuity received by him made on 15.1.1987 in order to get he pension, the petitioner would seek the relief extracted supra.

(3.) IN consideration of the pleadings by parties, having regard to the materials placed on record and upon hearing the learned counsel for both, it comes to be known that the petitioner, who was discharged from service on completion of the terms of engagement on 15.8.1961, was to give his option either for the payment of pension or gratuity and since at the time that he retired, the pension was only Rs.10 per month and the gratuity was Rs.750 per month and in lieu of pension, the petitioner had opted for the gratuity.