S GURDIP SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) THE short though by no means easy question, which calls for determination in this case, is whether claim to a pension is a legal right and is enforceable in a court of Law.

(2.) THE facts and circumstances giving rise to this appeal may briefly be stated. The plaintiff-appellant S. Gurdip Singh joined the erstwhile Patiala State army some time in February, 1924, and by honest and hard work he in due course became a subedar in that Army. In 1942, he was given commission and as a result of his services in the Second World War he was later given a regular commission. In October, 1947, he was placed in April, 1950, he was retired from service. The plaintiff thus served the army for a little more than 26 years; for two years he was a regular officer and for about three years he served as an Emergency commissioned officer and for 2 1/2 years as a Reserve Officer. For the remaining period he served as V. C. O. or N. C. O. He was granted pension of Rs. 75/-per mensem which was later on raised to Rs. 101/-per mensem. In the present suit he has alleged after narrating the above history that his pension according to the rules should have been fixed at the rate of Rs. 228/-per mensem and has, therefore, claimed that he is entitled to Rs. 8,516/4/3 as arrears due with effect from 1st of April, 1950 to 16th of October, 1955.

(3.) THE defendants-respondents resisted the suit inter alia on the ground that the suit relating to pensions could not be proceeded with in a Civil Court. In the written statement, the amount of pension actually fixed was also sought to be justified on the merits.