TARA CHAND Vs. UNION OF INDIA

JUDGEMENT

(1.) In this case petitioner was recruited as Sepoy on July 5, 1941. He was discharged from service on September 13, 1959 vide certificate of service, copy of which has been annexed as Annexure P-2. The aforesaid certificate of service itself shows that the petitioner had served for 18 years, 2 months 9 days in the Army. It is not disputed that a person who has served in the army for a period of 15 years or more, is entitled to pension under regulation 132 of the Army Pension Regulations (hereinafter referred to as 'the Regulations'). The respondents, however, had taken a preliminary objection in the written statement that the individuals who were enrolled in the army on or before July 5, 1941 were on war terms of engagement and they were not in regular service of the Army.

(2.) In a similar case reported as Banta Singh v. Union of India, 1994 4 SCT 12 (P&H) respondent-Union of India had taken the same objection that the petitioner in that case had been enrolled in the Army on war terms and not on regular basis but the contention of the Union of India was rejected by the Division Bench of this Court in the said case. Besides Annexure P-2 clearly shows that the petitioner had served the army for a period of 18 years 2 months 9 days and there is no mention to the effect that the service rendered by the petitioner was not on regular basis.

(3.) Since the petitioner had rendered service for a period of more than 15 years in the Army, I am of the opinion that the petitioner is entitled to pension under regulation 132 of the Regulations. The view I have taken finds full support from the Division Bench judgment of this Court in the case of Banta Singh and also the Single Bench judgment in the case Rattan Singh v. Union of India,1993 3 SCT 340.