M V R SASTRY Vs. GOVERNMENT OF INDIA

JUDGEMENT

(1.) Denial of pension to the Petitioner who is an Army discharged personnel is the occasion for filing this writ petition.

(2.) The petitioner's date of birth is 25-5-1955. He joined the Indian Air Force on 13-10-1971 in pursuance of an advertisement for recruitment At the time of his joining he was 16 years 4 months and 18 days old In October, 1971 he executed a bond to serve the Indian Air Force for 15 years which period expired on 12-10-1986. Consequently he was discharged on 31-19-1986 while serving at Air Force Academy, Dundigal, Hyderabad, the 4th respondent herein His claim for pension has been rejected by communication dated 27-2-1987 as the qualifying service rendered by him in the Indian Air Force fell short of 15 years by 204 days. It was maintained that though by the time of discharge he had rendered service of 15 years and 19 days, yet as he had entered service at the age of 16 years and 141 days, his qualifying service fell short as stated It was further stated in the letter that the petitioner was advised to apply for extension service but he expressed his unwillingness for further extension though he was fully aware that he was not eligible for pension and that his statement to that effect on 16-4-1986 was on record

(3.) No counter-affidavit has been filed Pension Regulations of the Air Force, 1961, Part I produced by the counsel for the petitioner shows in regulation HI (a) (ii) that all service from the date of enrolment to the date of discharge will qualify for pension except any service rendered beforereaching the age of 17 years. The words "before reaching 17 years" would mean completion of 16 years and stepping into the 17th year. It does not mean completion of 17 years. Hence any service rendered after completion of 16 years would count for qualifying service, hi the impugned letter of 27th February, 1987 the words "before reaching the age of 17 years" have been treated as attaining 17- years. Attaining 17 years may mean completion of 17 years though I am not expressing any opinion on it. But the words "before reaching the age of 17 years" is clear in their import.