SHREE BHAGWAN PANDEY Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS application has been filed for issue of a writ of mandamus commanding the respondents for payment of pension and gratuity to the petitioner.

(2.) THE petitioner was enrolled as A.C. 2. Medical Assistant in the Air Force on 26.10.1949. He completed 15 years of service on 25.10.1964. According to the petitioner he became eligible for pension and gratuity under the Rule. He opted for extension of service and he was allowed extension of six years which was to expire on 25.10.1970. He thereafter, did not file any petition for extension of his service. In 1968 he was posted at Pune. In the month of June, 1968 he was implicated in a criminal case instituted at Udwant Nagar P.S., District Bhojpur, Bihar. He was put behind the bar and was being paid subsistence allowance. The criminal trial concluded and he was convicted and sentenced to undergo imprisonment for life under section 302 of the Indian Penal Code vide order dated 28.6.1973. He was dismissed from service with effect from 18.9.1974 i.e. after serving 24 years 10 months 22 days while he was posted under the Commanding Officer, Bihta, Bihar. He filed a representation before the Commanding Officer for salary /allowance. A reply was communicated to him that he had been dismissed from service with effect from 18.9.1974. Thereafter, he filed a representation to the Chief of Air Staff. According to the petitioner since he had completed 15 years of service, he is entitled for pension and gratuity.

(3.) A counter -affidavit has been filed stating, inter -alia, therein that the petitioner was initially enrolled for 9 years in regular service on 26.10.1949. Subsequently, he was granted extension of service for six years with effect from 26.10.1958. He was further granted extension of service for a period of six years with effect from 26.10.1964. The petitioner was retained in service with effect from 26.10.1970 to 17.9.1974 on account of his involvement in a criminal case. No representation was received at the Air Force Head Quarters addressed to the Chief of Air Staff. Only the representation that was received from the petitioner as per record is dated 1.6.85 addressed to the Hon'ble President of India which was duly considered and rejected. The petitioner was sentenced to imprisonment for life and was dismissed from service and as such he was not entitled to pension and gratuity under the provision of Pension Regulation for the Air Force, 1961 (hereinafter to be referred as the 'Regulation, 1961').