NISCHANT SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) PETITIONER through the medium of present writ petition is seeking a writ in the nature of mandamus commanding upon respondents to grant him pensionary benefits along with interest @ 18 percent on the arrears.

(2.) THE facts in brief are as under: -

(3.) THE further fact is that during Indo -Pak war of 1971, the petitioner along with his Company of GREF was posted at Daka. It was during the said period that the army authorities sent a letter to the GREF for relieving the petitioner of his duties as his services were required in the army. The concerned GREF authorities, however, declined the request of the army authorities with the plea that it is difficult for them to relieve the petitioner of his duties in the midst of war. The petitioner also made a request to the GREF authorities that he be relieved of his duties so that he is able to perform the duties with the army because he has been put in the reservist but the GREF authorities did not consider the said request of the petitioner and he continued to perform his duties at Daka during the said war. In the year 1975, when the petitioner was working with the GREF and was posted, at Rajouri, the army authorities initiated proceedings against the petitioner by sending a warrant of arrest against him on the basis that he has been declared as a deserter in the year 1971 due to his non joining the army during the period of war. The petitioner was arrested in Aug75 while he was serving in GREF and was posted in Rajouri and was sentenced to 28 days rigorous imprisonment. Thereafter, he was discharged from service on 29th of Sept75.