H J WARREN Vs. UNION OF INDIA

JUDGEMENT

(1.) THE question involved in the writ petition is whether the shortfall of 81 days of service should have been condoned so that the petitioner could qualify for reservists pension.

(2.) THE facts lies in narrow compass. Petitioner was appointed, in Royal Indian Air Force on 27-5-1949, initially as Motor Transport Driver. Thereafter he was remustered as Corporal (Musician ). Petitioner worked till 27-5-1958. He was kept in reserved list and was recalled on 14-12-1962 and was discharged on 5-3-1964. Initially the regular term of engagement was 9 years. An order of discharge P-2 indicates that total service in the regular air force reserve was five years 284 days. Thus, the petitioner's total service comes to 14 years 284 days. 15 years is the minimum qualifying service of obtaining the reservists pension. It is not disputed that period of 60 days', the petitioner is entitled to add on account of annual leave, which has to be added to his credit on the date of his discharge from service in the year 1964.

(3.) THE total shortfall of the petitioner is service comes to 81 days, reducing the period of 60 days, which is entitled to be added on account of annual leave, the short fall comes to 21 days. Petitioner submitted various representations to the authorities; Annexures P-4, P-5, P-6, ultimately on 13-8-1991 an order - Annexure P-7 was passed by the Directorate of Personnel (Air Head-quarter), which is reproduced below :