M SAKTHIVEL Vs. UNION OF INDIA

JUDGEMENT

(1.) THE above Writ Petition has been filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus to call for the records in the proceedings No. AT/5/iv/5853 dated 18. 8. 1992, No. AT/cc/p. 332/min/fads dated 10. 9. 1993 on the file of the third respondent and letter No. 1326413/pen (S)/59 dated 15. 4. 1994 on the file of the second respondent, quash the same and consequently direct the respondents to grant pension, gratuity and other attendant monetary benefits with retrospective effect.

(2.) TODAY, when the above Writ Petition was taken up for consideration in the presence of the learned Advocate appearing on behalf of the counsel on record sometimes back and upon hearing the learned Senior Central Government Standing Counsel representing the respondents, it comes to be seen that the petitioner served as a Reservist in the Army and challenging denial of pension to him by the respondents, he filed this Writ Petition.

(3.) THE learned Senior Central Government Standing Counsel would submit that while on reserve, the petitioner involved in a murder case and was also convicted to life imprisonment by the Sessions Court, Ramanathapuram Division, Madurai and that he has not put in required 15 years of service so as to become eligible for the pension. The learned Senior Central Government Standing Counsel would also apprise this Court of the Pension Regulation for the Army Part I (1961) and the learned Senior Central Government Standing Counsel would read out para 122 of the same which is extracted hereunder: