EX-GNR. MANGATU Vs. UNION OF INDIA

JUDGEMENT

(1.) THE facts as stated in the counter affidavit filed by the Union of India If taken note of makes it apparent that the present petitioner was enrolled in the Indian Army on 1.10.1942, as a non -combatant (boot maker) for the duration of the war and 12 months thereafter. He was later on mustered as a combatant w.e.f. 9.6.1945. This was done in terms of an order described as Annexure 2 -ALFRO - - 392 of 1945. Thereafter, his services were brought to an end, as these were no longer required. This happened on 20 -3.1955. The petitioner submits that he is entitled to pension. His claims have been negatived on the ground of delay and laches and also on the ground that the petitioner had not completed 15 years of service which period could have enabled the petitioner to earn pension, as a matter of right.

(2.) SO far as Regulation 167 is concerned, it deals with both combatants and non -combatants. Therefore, to say that there is no provision which enables a person falling under the category to which the petitioner belongs, to claim pension, is an argument which cannot be accepted. Special -pension is payable on the basis of plain reading of Regulation 164. The scale of this has also been indicated in para 167.

(3.) AS Such, the petitioner would be entitled to benefits three years earlier to date of filling of application which came to be rejected, This much claim of the petitioner would be well within time. This would not be hit by delay and latches and to this extent the petitioner is held entitled to the relief. Petitioner is held entitled to interest at the rate of 6% on these arrears. Let the petitioner's claims be settled within a period of three months from the date a copy of this order is made available by the petitioner to the respondents. In case the needful is not done by the respondents within the above stipulated period, then the petitioner would be entitled to interest. The rate of interest would be 12% per annum.