UNION OF INDIA AND ORS. Vs. GODAWAR SINGH

JUDGEMENT

(1.) Through the instant Letters Patent Appeal filed under Section 12 of J&K Letters Patent, Union of India, the appellant herein through Commanding Officer, 14 c/o 56 APO and Officer In-charge Records, Dogra Regiment, Faizabad, UP (appellants 2 & 3) has questioned the Judgment/order dated 01-01-2010 passed by the learned Single Judge in SWP No. 2144/2002 whereby writ petition of the respondent (hereinafter referred to as 'writ petitioner') stands allowed, directing the appellants to grant him pension after invoking Regulation 155 of the Pension Regulations for the Army 1961-Part-l (For short 'Pension Regulations), holding that the order discharging him of service was not in consonance with the Rules, with a further direction to grant relaxation to him to draw pension which he would have drawn, if allowed to complete his qualifying service of 15 years. He is also entitled to hi hire pension along with arrears.

(2.) Brief resume of the admitted facts of the case on hand is that the writ petitioner was initially enrolled in the Army (Dogra Regiment) on 20-08-1956. After completing his basic military training in that very regiment, he was posted to 14 Dogra Regiment on 29-06-1957, thereafter transferred to Para Regiment on 24 October, 1957 being Para Volunteer. On becoming non-para volunteer, he was transferred back to Dogra Regiment in 1967 and posted to 14 Dogra Regiment on 21 -06-1967.

(3.) On 08-08-1967, the petitioner preferred an application for discharge from service or transfer to reserve establishment. His request for discharge was allowed. Accordingly, he was discharged from Army Service on 15th November, 1967 i.e after rendering 11 years and 87 days of service. He was paid the following monetary benefits which were due to him at the time of his discharge from service: