GODAWAR SINGH Vs. UNION OF INDIA (UOI)

JUDGEMENT

(1.) Invoking Rule 13 (III) 4(1) of the Army Rules, 1954, the Petitioner was discharged from service on compassionate grounds.

(2.) It is contended that the order of discharge was prompted by Petitioner's application seeking voluntary discharge. On the date of his discharge the Petitioner had completed service of 10 years and 11 months. The order of discharge was sanctioned on 13.08.1967. For having failed to complete 15 years of regular service, Petitioner was found not entitled to any pensionery benefits. Under Rule 132 of Pension Regulations for the Army 1961-Part-I, completion of 15 years qualifying service is mandatory for earning service pension. Aggrieved by this order the Petitioner has filed the present writ petition after a lapse of 35 years.

(3.) I have heard learned Counsel for the parties.