PIARA SINGH Vs. UNION OF INDIA AND OTHERS

JUDGEMENT

(1.) Writ petition is taken up for final disposal today itself. CM disposed of.

(2.) The petitioner was enrolled in the Indian Army on 28.11.1956 as Infantry (GD)) Group 'D' and was sent for training to, the Record Office Meerut Cantt. The petitioner served at various places which included the High Altitude areas also. The petitioner participated in Bangladesh Operation actively. On 20.1.1972, the petitioner was released/discharged after completion of total service of 15 years and 53 days. The petitioner represented the respondents for grant of service pension. The claim of the petitioner for service pension was rejected by the respondents vide letter dated 29.3.2008 (Annexure P-7) on the ground that the petitioner was discharged from the Army on extreme compassionate grounds and he has rendered only 14 years, 11 months and 24 days of qualifying; service (excluding period of non-qualifying service with effect from 29th October, 1971 to 11th January, 1972). The petitioner has filed this petition seeking directions to the respondents to grant the petitioner service pension for 15 years of qualifying service after condoning 06 days of deficiency in service, if any, in accordance with Regulation 125 of the Pension Regulation for the Army, 1961 Part-I.

(3.) It is agreed to by the learned counsel for the parties that the issue involved in this petition is squarely covered by a judgment of this Court passed in the case of No. 6359931 Ex. L/NK DSC Mani Ram v. Union of India and others. (CWP No. 11769 of 2007 decided on 27.4.2009. While considering Regulation 125 of the Pension Regulation, this Court observed as under :