BANTA SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner was recruited as a Sepoy in the Army Ordnance Corps on September 10, 1941 and was discharged on March 22, 1957, after rendering more than 15-1/2 years of service. The service tenure of the petitioner has been reflected in the Discharge certificate Annexure P-1. It appears that the petitioner filed several representations claiming that as he has put in more than 15 years of service, he was entitled to pension, but the representations were rejected vide Annexure P-2 to P-5 on the ground that the petitioner had been enrolled in the Army on war terms and not on regular basis. The aforesaid annexures have been impugned in the present proceedings on the ground that the requisite qualifying service having been put in, there was no authority to refuse pension to the petitioner.

(2.) In the reply filed on behalf of the respondents, it has been submitted that on March 30, 1945, the petitioner had been placed in low medical category and was, thereafter, seconded to the watch and ward wing and finally discharged due to the disbandment of that wing on March 22, 1957. It has also been stated that the service conditions of the persons on watch and ward Wing were governed by Annexure R-1 dated January 18, 1945 and this document did not provide for pension.

(3.) We have heard the learned counsel for the parties and find that the stand of the respondents is wholly untenable. It will be clear from Annexure R-l that pay and allowances given to the persons in the Watch and Ward Wing had been equated with similar ranks in the infantry of the Indian Army. It is also clear that the aforesaid Annexure did not provide that the services put in that Wing would be non-pensionable. In that eventuality, the petitioner would be governed for the purpose of pension by the regulations which would govern such matters in the regular army and denial of the pension to the petitioner was, therefore, unwarranted. We, therefore, allow this petition, quash Annexures P-2 and P-5 and direct that the respondents shall compute and pay the petitioner the pension due to him from the date of his retirement uptil now, within a period of six months from today and in case, the respondents fail to make the payment within the stipulated period the arrears would be paid with interest at the rate of 12% per annum from the date of accrual to the date of actual payment. There will, however, be no order as to costs.