DEVAL SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioners are petty Government servants who have rendered considerable service, but have not been granted full pension. They have challenged the order (Annexure P-4) declining the pension.

(2.) The Union of India has filed written statement through Captain K.K. Salwan, Station Staff Officer, Station Headquarters Chandigarh/Chandimandir, in which it has been stated that the pension has been correctly fixed.

(3.) Admittedly, the petitioners have rendered 28 years of service but they have been allowed pension for 24 years only. The respondent while declining the claim of the petitioners for the grant of pension, by taking into consideration the total length of service, has not given adequate reasons. The relevant rules have not been reproduced in the impugned order. For the interpretation of the rules, it was incumbent upon the Government to quote the rules and then to give its reasons for interpretation of the rules in the order. Interpretation of rules is a question of law and it can be decided after appreciating the language of the rules. No such attempt has been made by the concerned authorities in the instant case. Pension is a valuable right of the Government servant and this right cannot be denied to him just without application of mind. It is also well known that in the service rules in the cases of hardship, there is ample power with the authorities to relax the rules. In the impugned order there is no discussion as to why power of relaxation has not been exercised in this case. Admittedly, the petitioners have rendered 28 years of service and it seems to be a very hard case. Consequently I allow the writ petition with no order as to costs and set aside the order (Annexure P-4) and direct the Secretary to Ministry of Defence, New Delhi, to pass a speaking order discussing the relevant rules and also consider the question regarding relaxation of the rules in favour of the petitioners for grant of full pension for the period of service rendered by them. Let this case be decided expeditiously by the Defence Secretary. The petitioners should also be personally heard by the Defence Secretary. Petition allowed.