SHIVNATH SINGH Vs. THE STATE

JUDGEMENT

(1.) IN this application under Article 226 of the Constitution of India, the Petitioner challenges the validity of his retrenchment from the special Armed Forces of Madhya Bharat and claims that if the retenchment is vaild, then he is entitled to get pension in accordance with Notification No. 5 of 1949 dated 14 -5 -1949 issued by the Department of Defence of Madhya Bharat Government and not under the retrenchment terms contained in Notification No. 180 -VII -G(EM) dated 9 -7 -1949, of the Finance Department.

(2.) THE circumstances giving rise to this petition are that the applicant was member of the Gwalior State Armed Forces and held the rank of Lieutenant in the wireless section of that army. On the formation of Madhya Bharat under Article VI(1) (d) of the covenant when the military forces of the covenanting State became the military forces of the Madhya Bharat State Forces.

(3.) THE Petitioner contends that his retrenchment from the S.A.F. is contrary to the rules and regulations applicable to his case; that under the defence Department Notification No. 5/49 he could not be retrenched and if the retrenchment is valid, then the matter of his pension ought to be dealt with according to the said notification and not under Notification No. 180/VII G (EM) dated 9 -7 -1949 of the Finance Department, and that he has been discriminated against in as much as whereas some other members of the ISF retrenched from the S.A.F. have been given the benefit of the Defence Department Notification No. 5/49, he has been denied that benefit and that the application of the retrenched terms issued by the Finance Department entails loss of Rs. 13 in his a pension amount. On these facts the Petitioner prays :