AJAY KUMAR PANCHAURI Vs. UNION OF INDIA

JUDGEMENT

(1.) THE present application has been filed by the petitioner for quashing the order dated 9th November, 1998 passed by the Commandant and OlC Records (respondent no.3) by which the representation filed by the petitioner for grant of pension to him has been rejected. A copy of the said order has been annexed as Annexure 6 to the writ application.

(2.) THE facts necessary for disposal of the present application are that the petitioner, employed as a Sepoy in the Army, was posted at the relevant time at Military Hospital, Namkum in the District of Ranchi. He was granted 15 days casual leave from 10th August, 1991 to 24th August, 1991. He did not join his duty after expiry of the said period. The Apprehension Roll was issued by the Army to the Superintendent of Police, West Champaran vide letter dated 13th September, 1991. The petitioner neither reported to the duty nor apprehended after 30 days of over -stay of leave. He was declared deserter by the duly constituted Court of Enquiry held at Namkum and the same was notified in Daily Part -ll, Order No. 78/2, 8/91. Thereafter the petitioner was dismissed from service in terms of the provisions contained in Section 20(3) of the Army Act and the same was also notified.

(3.) IT is asserted on behalf of the petitioner that the petitioner was ready to join the duty after expiry of leave as a matter of fact but he was not allowed to join his duty and he was wrongly dismissed from service. He served in Army for more than 17 years 254 days and as such, he is entitled to reinstatement as well as pensionary benefits.