UNION OF INDIA Vs. BALI RAM

JUDGEMENT

(1.) THE Union of India, by means of this appeal, has challenged the judgment dated 26.4.2007 delivered by a learned single Judge of this Court whereby he allowed the writ petition filed by the respondent (hereinafter referred to as the writ petitioner) and directed the Union of India to consider the case of the petitioner for grant of pension by presuming that the petitioner has 15 years qualifying service to his credit.

(2.) BRIEFLY stated, the facts necessary for decision of the case are that the petitioner joined the Indian Army as a Sepoy on 17th January, 1957. He was discharged from the Army on 24th April, 1967 and the reason for discharge was shown to be "service no longer required". The petitioner sent an application to the competent authority on 16th June, 2001 i.e. 34 years after his discharge seeking service pension. The petitioner was directed to give all his service particulars vide letter of appellants dated 5th February, 2002. On 12th June, 2003, the petitioner was informed that since he did not have 15 years qualifying service to his credit he could not be granted service pension for which the minimum qualifying service was 15 years.

(3.) WE are afraid that the aforesaid judgment does not help the petitioner. In the case before the Division Bench the total delay was 15 years but even during this period of 15 years the issue had been raised on a number of occasions. Furthermore, the claim was only for pension and not for anything else.