ZILE SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) ZILE Singh, petitioner, has filed the present petition under Articles 226/227 of the Constitution of India and he has prayed for the issuance of writ in the nature of mandamus directing the respondents to grant him the pension and to give salary from the month of September, 1997 to 31.1.1998 and arrears of pension along with interest at the rate of 18% per annum.

(2.) THE case set up by the petitioner is that the joined the Indian Army as a Sweeper on 24.4.1966 at San -grur. At the time of his entering into service he was issued an identify card, Annexure P -1, in which his date -of birth was recorded as 10.1.193 8. Thereafter, the petitioner was made to retire from service on 10.5.1991. He was relieved from service but later on when the fact that the date of birth of the petitioner was 10.1.1938, came into notice, the petitioner was recalled for joining duty for the remaining period of service. The petitioner again joined his duty on 5.6.1991 Again the petitioner was illegally retired on 28.11.1997 when the actual date of retirement of the petitioner was 31.1.1998. The grouse of the petitioner is that he has not been paid the salary from 28.11.1997 up to 31.1.1998 and moreover, his pension has not been rightly calculated nor it has been granted to him in spite of the fact that he sent telegram to the respondent -authority. Finally, he served a registered notice dated 7.2.1998. He received the reply dated 20.3.1998. A reminder was also issued by the petitioner but to no effect. Hence the present writ petition.

(3.) 1 have heard Shri Baljit Puri, Advocate, appearing on behalf of the petitioner and Shri S.K. Sharma, Advocate, appearing on behalf of the respondents and with their assistance have gone through the record of the case.