MUNILAL Vs. STATE OF ORISSA

JUDGEMENT

(1.) IN this petition the petitioner -- Muni Lal, a Subedar of the Orissa Military Police, (since retired) --prays for a writ of Mandamus to compel the State of Orissa to recognise his right to pension and to payment to him of pension according to the prevailing rules, on the grounds stated in the petition.

(2.) THE petitioner then aged 16 years joined the Army in 1927. In due course he was promoted to the rank of Jamadar in 1937. He joined the Eastern States Joint armed Police Force in 1939 and retired from the Army as a Jamadar. On October 10, 1939 he was appointed as Jamadar, Eastern States Joint Armed Police Force on contract service. He was promoted to the rank of Subedar, in the said Force on april, 1, 1940.

(3.) IN pursuance of the Memo dated July 17, 1945 from the Secretary to the Crown representative to the Resident for the Eastern States, the Eastern States Joint armed Police Force Contributory Provident Fund Rules came into force with effect from August 1, 1945. Thereafter, the Post-war Conditions of Service, Eastern states Joint Armed Police, came into force with effect from July 1, 1946. The said conditions of Service were to apply to all ranks of and below Subedar who were enrolled under them and with effect from the date of enrolment or the 1st of July, 1946 whichever be later. One of the Conditions of Service of the said Scheme as provided in Clause 2 thereof was that the present incumbents have the option of electing the said Conditions. In pursuance of the said clause in the Conditions of service, there was an agreement dated March 5, 1947, which was signed by the petitioner, accepting the said Conditions of Service Rules, 1946.