UNION OF INDIA Vs. IPE THOMAS

JUDGEMENT

(1.) AGGRIEVED by the judgment dated 2. 4. 2007 passed in WP (C) No. 2029/2003, the Respondents herein preferred the present appeal. The 19 Respondents herein are the writ petitioners in WP (C) No. 2029/2003. The Respondents were appointed as Rifleman under the Assam Rifles Act, 1941 and had been working for a period of more than 15 years by the date of filing of the writ petition.

(2.) ON completion of 15 years of service, the Respondents applied for discharge with pension from the service. It appears that the applications were recommended by the Officer-In-Charge i. e. Commandant. Thereafter, the Director General of Assam Rifles issued discharge orders in favour of each of the Respondents herein calling for the Respondents to furnish all necessary information in order to process their pension papers. Information was duly submitted by the Respondents herein. In the meantime, by proceeding dated 28. 2. 2003 the then Col. (Records) Admn. III, Shri Jaswant Singh issued orders cancelling the earlier orders to each of the Respondents on the ground that none of the Respondents had completed 20 years of qualifying service and, therefore, they are not entitled to be discharged with pension. Challenging the said proceeding the incumbents filed the writ petition, from which the present appeal arises, with the prayer as follows:

(3.) THE case of the Respondents which eventually found favour of the learned Single Judge is that under instruction known as "record Office Instruction No. 4/1999" (in short ROI No. 4/1999), the petitioners/respondents have a right under paragraph 3 of the said instruction to seek discharge with pension on completion of 15 years of the service and each one of the Respondents had in fact completed 15 years of service.