PRATAP SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) In this writ petition, the petitioner has prayed for issuance of writ of mandamus or any other appropriate writ, order or directions commanding the respondents for treating the petitioner on reserve till his completion of 15 years services, as qualifying service for pension. He has also prayed that the discharge order passed by the respondents on 21.06.1963 may also be quashed and set-aside or in the alternative, the petitioner has prayed that the short fall period of 1 year and 6 months for qualifying pensionable service be got condoned and he be awarded service pension from due date.

(2.) Briefly stated, the facts of the case are that the petitioner was enrolled in the Jind Infantry on 13.01.1949 and remained with it till 31.03.1951. Thereafter, the petitioner switched over to Patiala Infantry w.e.f. 01.04.1951 and served with that Unit till 01.10.1952. Therefore, he had rendered 3 years, 8 months and 17 days services at a stretch. Thereafter, he again got enrolled in the Grenadier Regiment on 12.08.1953 and was transferred to reserve establishment w.e.f. 06.10.1958 whereby he had rendered 5 years and 55 days qualifying services for pension.

(3.) The petitioner was then discharged from reserve service w.e.f. 21.06.1963 before completion of 15 years service for the purpose of pension. Therefore, the grievance of the petitioner is that on account of such act of the respondents, he was illegally deprived of his pensionary benefits without there being any fault of his. Further case of the petitioner is that he had rendered service for a total period of 13 years, 5 months and 23 days. He was recalled for colour service on 17.11.1962 for completion of requisite period to enable him to earn his pension.