Y VIJAYAKUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner joined service as Airman in Indian Air Force on 23-8-1973, when he was aged 16 years 5 months 19 days. As per Rules then in force, the minimum age for recruitment was 16 years while the maximum was 20 years. The said appointment was for 15 years in regular service with an option to the employee to be in service for 6 years reserve;

(2.) Para 111 of the Pension Regulations for the Air Force, 1961 (Part-I) (Regulations) lays down that the qualified service rendered prior to attaining the age of 17 years is treated as non-qualifying service. After completion of 15 years of service the Airman would be discharged at the end of the calendar month in which he completes 15 years of service. Para 114 of the Regulations provides that the deficiency in the service for eligibility to service pension or gratuity may be condoned by a competent authority upto six months in each case.

(3.) The petitioner was informed that he would be discharged from service on 31-8-1988 on completion of 15 years service if he would not express his willingness to work for six years reserve. His matter was referred to pension authorities. It was noticed that the qualifying service for pension had fallen short of 184 days, and as the competent authority was eligible to relax only 180 days, he was informed that he was not eligible for pension and if he wanted to avail the pension he had to work for six years reserve. This Writ petition was filed on 16-8-88 when the respondents refused to permit the petitioner to work for four days so as to enable him to enjoy the pension. As per the interim orders of this court, the respondents were directed to allow the petitioner to continue in service.