SWARAN SINGH (NAIB SUBEDAR) Vs. UNION OF INDIA

JUDGEMENT

(1.) In this writ petition, the petitioner has prayed for quashing the letter dated 13.2.1995 (Annexure P.1) passed by the Government of India, Ministry of Finance by which the representation filed by the petitioner for grant of pension was rejected. It has also been prayed that the respondents be directed to grant pension to the petitioner which he became entitled to.

(2.) Briefly stated the facts of the case are that when the petitioner was working as Naib Subedar in the Army, he was tried by the Summary General Court Martial for an offence under section 52(a) of the Army Act (hereinafter referred to as 'the Act') for committing theft of Government property and the Summary General Court Martial found the petitioner guilty of the offence and sentenced him to be dismissed from service. Findings and sentence of the Summary General Court Martial were confirmed and consequently he was dismissed from service on 6.1.1971.

(3.) Aggrieved by the order of dismissal, the petitioner filed C.W.P. No. 13734 of 1994 praying for the grant of pension. The said writ petition was disposed of with a direction to the respondents to treat the writ petition as representation on behalf of the petitioner and dispose of the same by passing a speaking order. Thereafter, the representation of the petitioner was considered by the Government of India and the same was rejected vide memorandum dated 13.2.1995, copy of which has been annexed as Annexure P-1. Aggrieved by the aforesaid memorandum dated 13.2.1995, the present writ petition has been filed by the petitioner.