N GANESHAN Vs. UNION OF INDIA

JUDGEMENT

(1.) IT is stated by the learned counsel for the respondents that the respondent Nos.1 and 3 have considered the application of the petitioner for condonation of deficiency of six months under Regulation 82 of Navy (Pension) Regulations 1964 for the purpose of considering the eligibility of the petitioner for pensionary benefits and allowed the same. It is further stated by the learned counsel for the respondents that there is no controversy in this case about the fact that if the period spent on training as Artificier Apprentice is taken into account, the petitioner has put in 15 years' service which is a requisite qualifying period for grant of pension (after condoning the deficiency of six months stated above). The learned counsel for the respondents therefore submits that in view of the above and following the ratio of the judgment of the Supreme Court in Anuj Kumar Day and others v. Union of India and others JT (10) SC 679, the petitioner is entitled to get pensionary benefits from the date of the retirement. The learned counsel further submits that in view of the above, this writ petition may be allowed.

(2.) HAVING regard to the submissions of the learned counsel for the respondents, we pass the following order:- Rule, returnable forthwith. By consent, matter taken on board and heard. In the facts and circumstances of the case and in view of the statement of the learned counsel for the respondents, rule is made absolute in terms of prayer clause (a) of the petition. All pensionary benefits due to the petitioner upto date to be paid to the petitioner within 12 weeks of the submission of the requisite forms for the purpose. Writ petition is disposed off accordingly. No order as to costs.