MAJOR G.S. SODHI Vs. UNION OF INDIA

JUDGEMENT

(1.) IN these two Criminal Miscellaneous Petition Nos. 8905/90 and 491/91, the petitioners are Major G.S. Sodhi and Lt. Col. S.K. Duggal respectively. They were tried by court -martial and ultimately were removed from service. Both the them had filed Writ Petition (Crr.) Nos. 478/89 and 525/88 respectively and they were dismissed by a common judgment of ours dated 30th November, 1990. In these two criminal miscellaneous petitions the common prayer is for ordering instantaneous release of the petitioners' provident fund, gratuity and pension.

(2.) IT is submitted that the petitioners are entitled to the pensionary benefits which they have earned and their removal from service does not in any manner disentitle them from having these benefits. On behalf of the respondent Union of India it is submitted that the pensionary benefits in respect of those who are dismissed from service, cannot be claimed as a matter of right as these benefits are at the discretion of the President of India and are granted purely on compassionate grounds. It is also submitted that the gratuity is regulated by Army Regulation Nos. 2A and 4 and that Regulation No. 3 lays down that the full rate of pension or gratuity provided in these Regulations shall not be granted unless the service rendered has been satisfactory, the competent authority may make such reduction in the amount of pension or gratuity as it thinks proper.

(3.) THE inevitable consequence is that he is entitled to be paid the entire pension and gratuity under the rules. We direct the respondent to pay the said sum within three months from today.