KRISHAN SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner has sought a direction upon the respondents to count the service rendered by him in Army from 6/10/1976 to 31/8/1994 for the purpose of fixing his pension and to release the same in his favour. A further direction has been sought that arrears of the pension be released in favour of the petitioner with effect from 31/3/2010 when he attained the age of superannuation.

(2.) Briefly stated, case of the petitioner is that he was appointed as Sepoy in Dogra Regiment on 6/10/1995, whereafter he was promoted to the post of Havaldar and posted in AEC Training Centre, Pachmarhi (MP). The petitioner retired from Army on 31/8/1994. Vide order No. 73 dtd. 16/3/2001, the petitioner was re-appointed as Hindi Translator in Group-B with respondent No. 2, National Bank for Agriculture and Rural Department (hereinafter to be referred as the NABARD). The appointment was to take effect from 14/2/2001. It has been submitted that the petitioner superannuated from the service of NABARD on 31/3/2010 after rendering more than nine years service. According to the petitioner, he is eligible and entitled to grant of pension under the provisions of CCS (Pension) Rules, 1972 and his military service is eligible to be counted along with his service rendered with NABARD for the purpose of fixing his pension. In this regard, reliance has been placed on Rule 19 (2) (a) of CCS (Pension) Rules, 1972.

(3.) It has been submitted that the petitioner approached the respondents for fixation of his pension but the same is not being done by the respondents on the ground that the petitioner was not eligible to grant of pension as he has served only for nine years and one and a half months with NABARD. It has been further submitted that the petitioner has put in more than 33 years of service which includes the service rendered by him in Army and NABARD. On this basis, it is being claimed that the petitioner is eligible for grant of pension in terms of the provisions contained in Rule 19 of CCS (Pension) Rules 1972.