DIP SINGH Vs. U.O.I.

JUDGEMENT

(1.) - Heard learned counsel for the parties.

(2.) This special appeal is directed against the judgment and order dated 16.7.1996 passed by the learned Single Judge whereby the writ petition was dismissed.

(3.) The petitioner herein came with the case that he had been enrolled in the Indian Army on 23.6.1952 as Syce and name of his unit was changed to 61 Cavalary, his number was 1096712. He was discharged from service w.e.f. 26.6.1969 after completing 17 years and 3 days service i.e. more than 15 years, he was entitled to special pension. In August 1987, he submitted the representation but neither any reply was given nor the pension was granted . He had also submitted to the Chief of the Army Staff and then was informed vide order dated 24.11.1987 that the representation had been forwarded to the Record Officer, A.C. Record who is being instructed to give appropriate reply. The Record Officer vide his letter dated 30.11.1987 informed the petitioner that whereas he had completed 20 years qualifying service as Non- Combatants (enrolled), he cannot be granted the pension. The petitioner submitted yet another representation that he did not seek retirement, he was physically fit, possessed exemplary character and was looking to serve in the army that he was retired in 1969 and therefore, he cannot be denied the pension. The petitioner informed vide letter dated 9.2.1988 that since he had completed 17 years of qualifying service, he was entitled for pension.