GAJE SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner by this writ petition has prayed for a direction to the .respondents to count the entire period of non -combatant service of 2 years 26 days as qualifying service for the purpose of grant of pension.

(2.) THE petitioner was enrolled in the Army Pioneer Corps as a Non -combatant on 4th January, 1962. Subsequently he was enrolled as Combatant Pioneer in the same Corps on 17th August, 1964. It is alleged that while working in the rank of a Naik in the 598. Intelligence and Field Security Coy. 23, Mountain Division, the petitioner was discharged from Army Services on administrative grounds on 3rd August, 1977 with the remark that his services are no longer required. The petitioner made representation for extension of Combatant Army Service till its completion of pensionable service of 15 years, but his representation was ignored. According to the petitioner, on the date of discharge, he had altogether rendered 15 years and 7 months qualifying colour service from 14th January 62 to 3rd August 1977. However, he had put in 2 years and 26 days as a non -combatant service.

(3.) THEREAFTER the case of the petitioner was again processed, but vide communication (Annexure P -6) it was clarified that since the notification dated 25th January, 1982 it was only applicable to those who were in service on 25th January, 1982. Since the petitioner was discharged in 1977, he was outside the perview of the said Government letter. Therefore, the petitioner has challenged the validity of notification being discriminatory.