AJAIB SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner who was enrolled as a Sepoy on August 23, 1971 was discharged from the Army on August 31, 1986. His claim for pension having been declined vide orders dated August 6, 1987 he has approached this Court through the present writ petition. A few facts may be noticed.

(2.) While serving the Indian Army, the petitioner was accused of having deserted at 2100 hours on June 10, 1984 and on June 11, 1984 at 0255 hours he was taken into custody. He remained in custody till July, 1985 when he was tried by a Summary Court Martial. After trial, he was sentenced to undergo rigorous imprisonment for a period of seven months. 38 days before the date of completion of the term of imprisonment, the petitioner was deputed for duty at Saichen. He served till August 31, 1986 when he was discharged on account of his having been adjudged as low medical category 'B'. His claim for pension was declined vide orders dated August 6, 1987 in the following words :

(3.) I have heard Mr. S.S. Johal, learned counsel for the petitioner and Mr. H.S. Giani for the respondents. On behalf of the petitioner it has been contended that the conviction of the petitioner by the Summary Court Martial on July 13, 1985 was vitiated as it was in violation of the provisions of Section 38 (specifically note 8 of section 38) and as the provisions of rule 180 of the Army Rules, 1954 had not been complied with. It has also been contended that according to the letter dated May 1, 1986 "the period of 177 days qualifying service had been condoned and as such it could not be said that the petitioner had not served for 15 years so as to qualify for the grant of pension. Mr. Giani learned counsel for the respondents and Maj. V.C. Chitravanshi appearing for the respondents have controverted the claim made on behalf of the petitioner.