(1.) -By means of this writ petition, a prayer for a writ of certiorari has been made for quashing the letter dated 19.7.1995 (Annexure-3) to the writ petition, issued by Army Head Quarter rejecting the application of the petitioner for retiremental benefits on the ground that he was declared as deserter. It is further prayed that respondents may also be directed to pay all retiremental benefits to him after regularising his absence from services.
(2.) FACTS of the case are that the petitioner was enrolled in the Indian Army Ordnance Corps on 13.10.1965. He was promoted to the rank of Havildar with effect from 22.4.1980 and was to retire on 31.10.1987 on completion of 22 years of service. He was retained in service for two more years on the recommendation of Screening Board for enhanced service limit.
(3.) THE petitioner was neither on the ground of desertion as per the provisions of Section 38AA read with Regulations 376, 377, 378, 379 and 381 as contained in Section 3 pertaining to the deserters in the Army Regulations, 1987 nor any action was taken by the Army under Section 106 of the Army Act. Relevant Regulations 376, 379 and 381 are as under :