SURAJ PRAKASH Vs. UNION OF INDIA & ORS.

JUDGEMENT

(1.) Petitioner 's prayer is for the issuance of a writ of :-

(2.) Brief facts necessary for the adjudication of the matter in the instant petition are that the petitioner was recruited in the J&K Rifle of the Indian Army on 23.03.1974 and retired on 31.03.1989 on completing 15 years and 03 months of service. Thereafter, the petitioner was re-employed in the Defence Security Corp on 27.11.1989 and was discharged on 30.11.2004. At the time of re-enrolment in the Defence Security Corp on 27.11.1989 and till 2003 the petitioner was certified medically fit by the Medical Board of DSC/AFMS. Unfortunately, the petitioner developed Gangrene in his right leg requiring amputation of the same in the year 2003 by the Army Medical authorities. Pursuant to amputation of his right leg, the petitioner was placed in low medical category w.e.f. 18.09.2003 by diagnosing him as a case of peripheral vascular disease with amputation of right leg below knee with disability of 60%. After the amputation of his leg, the petitioner was given the option either to continue in service or to opt for discharge on account of disability and get disability pension.

(3.) Vide Annexure R-1 dated 01.11.2003 the petitioner opted not to continue in service beyond 26.11.2004. Pursuant to the option exercised, the petitioner was discharged from service on 30.11.2004. However, it was only after discharge from service that the petitioner was informed that he was not entitled to grant of service pension in view of being short of one day of qualifying service from the required 15 years on account of treating 05 days absence period w.e.f. 17.01.1991 to 21.01.1991 as non-qualifying service. Copy of the communication dated 24.11.2005 whereby the petitioner was informed about rejection of his case for grant of pension is Annexure-A. The petitioner submitted a representation dated 21.04.2006 seeking condonation of deficiency of one day in the total qualifying service of 15 years inasmuch the petitioner 's service had been calculated as 14 years and 364 days by treating 05 days ' absence as non-qualifying service. However, the petitioners request was rejected by the respondents vide communication Annexure B dated 31.05.2006.