DIN MOHMMED @ DEENIA (SINCE DECEASED) THROUGH LEGAL REPRESENTATIVE, SHRI KAYAMUDDIN Vs. THE UNION OF INDIA AND OTHERS

JUDGEMENT

(1.) The writ petitioners Deen Mohmmed @ Deenia, son of Shri Kasim Khan was enrolled as Bhisty (Water Carrier) in Doonger Lancers of the Erstwhile Bikaner State Army on 1.2.1931. On reorganisation of the State Forces after independence, Doonger Lancers was disbanded and the petitioner- Deen Mohmmed was transferred to Kachhawa Horse, Jaipur on 1.4.1950. Subsequently, on merger of the State Forces with Indian Army, the writ petitioner Deen Mohammed was discharged from the Army at Jaipur 1.1.1951, after 19 years and 11 months services on account of reduction/reorganization of the Unit. A discharge certificate bearing Army No. 1433 was accordingly issued to the writ petition Deen Mohmmed on 15.1.1951 by the Commandant, Kachhawa Horse at Jaipur.

(2.) As per claim of the petitioner, since he was discharged on account of surplus strength and reorganisation of his Unit having not been found suitable for absorption in the Indian Army after completion of 19 years and 11 months, he was entitled for pension and gratuity under the relevant rules. Though, the Armoured Corps Records were under statutory duty to submit the pension claim of the writ petitioner Deen Mohmmed, however, no such claim was submitted before the competent authority. After having failed to get any relief from any of the authorities concerned for grant of pension and gratuity, the case of the writ petitioner Deen Mohmmed was taken up by the Bikaner Ex Service Men League before the authorities vide their letter dated 19.12.1994. The details of the service record of the writ petitioner Deen Mohmrned were also given in the said representation.

(3.) It seems that a regular correspondence was exchanged between the authorities of the Army as well as the Central Government right from Feb., 1955. It is further borne out from the correspondence that the actual service of the writ petitioner Deen Mohmmed works out to 19 years 11 months and 1 day and the same could be counted as 20 years as per Ministry of Defence letter dated 6.8.1989 and thus, the writ petitioner Deem Mohmmed was eligible for grant of normal pension as per Regulations 145 and 146 and even if the above benefit is not given, the 30 days deficiency in service for eligibility to service pension could be condoned under the provisions of Regulation 125. Even otherwise, the writ petitioner Deen Mohmmed was eligible or mustering out/special pension under Regulation 104 read with Regulation 167 of the Pension Regulations for the Army Part-I. The writ petitioner Deen Mohmmed's case was referred to Army Head Quarter Vide AC Records letter No. 336101/sp/pen dated 18.9.96 and thereafter, the writ petitioner was also informed vide letter dated 21.4.98 that his case for grant of service pension has already been taken up by the Army Head Quarter for consideration but, in view of the delay, proper sanction of the Central Government has to be obtained and that the further action taken on the subject shall be communicated to the writ petitioner as and when the decision is taken by the Head Quarters and the Government of India.