GAJRAJ SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) THE challenge in the present writ petition is to an order passed by Armed Forces Tribunal, Chandigarh Regional Bench at Chandimandir (for short 'the Tribunal') on 09.05.2011 whereby a Civil Suit filed by the petitioner before the Civil Judge (Junior Division), Rewari, transferred to the Tribunal, was dismissed.

(2.) THE petitioner served in Indian Navy from 21.07.1959 to 12.07.1971 and was placed in Indian Navy Fleet Reserve w.e.f. 17.09.1970 for a period of 10 years. The eligibility to earn pension in terms of Regulation 78 of Navy (Pension) Regulations, 1964, is 15 years. The petitioner claimed that he is entitled to pension keeping in view his 10 years of service in the Indian Navy Fleet Reserve in addition to the colour service from 1959 till 1971.

(3.) STILL further record shows that the petitioner received the order of discharge dated 07.06.1973 (Annexure P -6) which is evident from his communication dated 16.07.1973 (Annexure P -7). Even though, the petitioner was discharged but grievance in respect of pension was raised only in the year 2009. The petitioner has not completed 15 years of total service in the Navy and also as a Reservist prior to his discharge.