LALINDER SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) This appeal has been preferred against order of learned Single Judge, dismissing the writ petition for claim of service pension by condoning deficiency in minimum length of service required under the rules.

(2.) Case of the appellant is that he served Indian Navy for 14 years, 11 months and 6 days from 1950 to 1965. He was discharged on his own request. He made a representation in the year 2001, after about 35 years, for condoning shortfall in minimum qualifying service of 15 years for pension in view of instructions of Government of India dated 14.8.2001. The said representation was not accepted as instructions for condoning shortfall were held not to be applicable to a person who was discharged on his own request. The appellant filed writ petition challenging order dated 13.3.2003, Annexure P - 5, rejecting his representation.

(3.) Learned Single Judge dismissed the writ petition, holding that Regulation 82, providing for condonation of deficiency in minimum eligibility of service for pension, was not applicable. Case of the appellant fell in exception, since he was discharged at his own request.