DALIP SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner who was discharged from the Army on August 20, 1970 prays for the issue of a writ in the nature of mandamus directing the respondents to fix and release his Service Pension as well as Gratuity etc. A few facts may be noticed.

(2.) The petitioner was enrolled in the Indian Army on September 21, 1956. He made a request for discharge from the service as he wanted to look after his agricultural land. His request was accepted. On August 20, 1970, the petitioner was discharged from service.

(3.) The petitioner asserts that he had served in various operational areas and had been awarded various medals etc. In spite of that, no service pension was granted to him. Consequently, he served a legal notice dated April 29, 1996 on the respondents pointing out that in accordance with the instructions issued by the Ministry of Defence vide letter dated October 30, 1987, a copy of which has been produced as Annexure P.1 with the writ petition, he was entitled to the grant of service pension. The respondents having not granted him the requisite relief, he has approached this court through the present writ petition. The petitioner alleges that in accordance with the instructions issued by the Government, the "combatants having service of 10 years or more are entitled to service pension..." He, consequently, prays that the respondents be directed to release his pension.