SHANTI PARKASH Vs. UNION OF INDIA

JUDGEMENT

(1.) BY means of this petition, the petitioner seeks issuance of a writ in the nature of mandamus directing the respondents to release the amount of gratuity and other benefits including dearness allowance and other allowances of both the services and be paid full pension for both the services rendered by him. It is further stated that the former service of the petitoner rendered in Kumaon Regiment be also counted towards his service rendered by the petitioner in Defence Services Corps (DSC) to fix the pension and release the arrear from the date he has been discharged from DSC.

(2.) THE initial appointment of the petitioner was in Kumaon Regiment on 23rd July, 1958. He was promoted to the rank of Naik with effect from 18th October, 1967. Further promotion was given to the petitioner to the rank of Havildar with effect from Ist July, 1974. It is further stated that after serving the Army for a period of more than 17 years, he was discharged from the Army in May, 1975. He was, however, re -enrolled in Defence Security Corps on 10th August, 1981 as Sepoy and was re -transferred to Pension Establishment with effect from 1st August, 1991 under Rule 13(3) item III (i) of the Army Rules, 1954 after completion of initial term of engagement. The petitioner further stated to have not been paid complete pension for both the services and also has not been paid gratuity, which compelled him to approach the Court for seeking redressal of his grievance, as various representations made in this behalf remained unresponded by the respondents.

(3.) THE stand taken by the respondents in their demurrer filed to the writ petition is that the petitioner was never promoted to a higher rank and he was discharged from Defence Security Corps service in the rank of Sepoy. That the petitioner after re -employment in the Defence Security Corps elected to cease to draw pension and to count former service towards enhanced rate of pension and gratuity with service in Defence Security Corps in terms of Government of India, Ministry of Defence, New Delhi letter No. PC III to MF No. A00592/DSC -2/54 -C/D (GS -1V) dated 3rd March, 1983. It is further stated that the petitioner duly signed Option Certificate on 27th May, 1983 and countersigned by the Officer Commanding the Unit and placed on record. Enhanced rate of pay and allowances were accordingly paid to the petitioner throughout his service rendered in Defence Security Corps, taking into account the former service rendered by the petitioner in Kumaon Regiment and Defence Security Corps based on his option, as provided by the Rule. The petitioner was granted enhanced rate of service pension with effect from Ist September, 1991 for life with dearness allowance as admissible from time to time. It is further stated that a sum of Rs. 15,520 on account of Retirement Gratuity and Rs. 28,106 on account of capitalised sum of computation of pension was also paid to the petitioner. On implementation of the 5th Central Pay Commission Report, the petitioner is getting enhanced rate of pension @ Rs. 1,291 per month from 1st January, 1996 for life with dearness allowance, as admissible as per the Government decision.