BELI RAM Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS petition is directed against the order dated 12th June, 2003 whereby the prayer of the petitioner for service pension has been declined.

(2.) THE minimum facts necessary for adjudication of this petition are that the petitioner joined the Indian Army as Sepoy and was enrolled on 17th January, 1957. The petitioner was discharged from the Army on 24th April, 1967 and the cause of discharge was shown as "service no longer required". The petitioner had participated in Indo China War, 1962 and thereafter Indo Pak War, 1965. It appears from the pleadings that the petitioner has sent application to the competent authority on 16th June, 2001 seeking service pension. In sequel to the application preferred by the petitioner, the petitioner was called upon vide Annexure P 2A dated 5th February, 2002 to send full particulars of application with Army number to the authorities. The petitioner was informed vide communication dated 12th June, 2003 that as per the existing orders to earn service pension an individual has to serve the Indian Army minimum for 15 years. Since the petitioner had only served for 10 years and 3 months, the claim of petitioner for service/ex gratia pension was declined on 12th June, 2003. The petitioner thereafter sent a legal notice to the Chief Army Staff and Commanding Officer, Sena Seva Corps Abhilekh (Dakshin) ASC Records (South) through his Counsel on 5th August, 2003.

(3.) MR . Sharma on the basis of the contents of Annexure P 5 has submitted that the petitioner has not been permitted to complete 15 years of service and was discharged from the Indian Army with the observation "service no longer required".