JAGGU SINGH Vs. U O I

JUDGEMENT

(1.) PETITIONER was enrolled in the Indian Army on 21.5.1956. During the period when the petitioner was on reserve service w.e.f. 1.10.1960, he was called upon to join colour service on 21.9.1965 after declaration of national emergency during 1965 Indo-Pak war. However, the petitioner, for one reason or the other, could join the services only on 21.9.1966. Declaring the petitioner as deserter, his pay and allowances were forfeited for the above period of the duration of 339 days. The petitioner continued in the colour as well as reserve service till 21.10.1971 when he reached the age' of superannuation. Since the petitioner was not paid any pension or other retiral benefits, various representations were made by the petitioner and having failed to get the positive response, the present writ petition has been filed claiming the pensionary benefits.

(2.) IN reply to the writ petition it has been submitted on behalf of the respondents that the petitioner had not completed the qualifying period of 15 years of colour as well as reserve service. As such, he was not entitled for any pension or other retiral benefits.