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2009 DIGILAW 1974 (PNJ)

Piara Singh v. Union Of India

2009-11-13

PERMOD KOHLI

body2009
Judgment Permod Kohli, J. 1. CM No. 18464 of 2009 1. Writ petition is taken up for final disposal today itself. CM disposed of. CWP No. 10352 of 2009 2 The petitioner was enrolled in the Indian Army on 28.11.1956 as Infantry (GD)) Group `D and was sent for training to, the Record Office Meerut Cantt. The petitioner served at various places which included the High Altitude areas also. The petitioner participated in Bangladesh Operation actively. On 20.1.1972, the petitioner was released/discharged after completion of total service of 15 years and 53 days. The petitioner represented the respondents for grant of service pension. The claim of the petitioner for service pension was rejected by the respondents vide letter dated 29.3.2008 (Annexure P-7) on the ground that the petitioner was discharged from the Army on extreme compassionate grounds and he has rendered only 14 years, 11 months and 24 days of qualifying; service (excluding period of non-qualifying service with effect from 29th October, 1971 to 11th January, 1972). The petitioner has filed this petition seeking directions to the respondents to grant the petitioner service pension for 15 years of qualifying service after condoning 06 days of deficiency in service, if any, in accordance with Regulation 125 of the Pension Regulation for the Army, 1961 Part-I. 3. It is agreed to by the learned counsel for the parties that the issue involved in this petition is squarely covered by a judgment of this Court passed in the case of No. 6359931 Ex. L/NK DSC Mani Ram v. Union of India and others. (CWP No. 11769 of 2007 decided on 27.4.2009. While considering Regulation 125 of the Pension Regulation, this Court observed as under : "Regulation 125 of the Regulations deals with condonation of deficiency in service for eligibility to service/reservist pension. It clearly provides that deficiency in service for eligibility to service pension or reservist pension may he condoned by a Competent authority upto six months in each case. Regulation 9 of the Regulations provides that in calculating the length of qualifying service, fraction of a year equal to 3 months and, above but less than 6 months shall be treated as a completed one half year and reckoned as qualifying service. The petitioner falls short only by 29 days. Regulation 9 of the Regulations provides that in calculating the length of qualifying service, fraction of a year equal to 3 months and, above but less than 6 months shall be treated as a completed one half year and reckoned as qualifying service. The petitioner falls short only by 29 days. In my considered opinion, the case of the petitioner deserves to be considered for condonation of deficiency in service under Regulation 125 read in conjunction with Regulation 9 of the Regulations. On a perusal of the facts and circumstances of the case, when considered in conjunction with Regulations 125 and 9 of the Regulations, it becomes evident that the petitioner is entitled to condonation of period of 29 days in qualifying service." 4. The aforesaid observations are fully applicable to the facts and circumstances of the present case. In the present case the petitioner is entitled to condonation of period of 06 days in qualifying service. 5. In view of the above, the petitioner would be entitled to have rendered 15 years of qualifying service. It is, accordingly, directed that the pension and pensionary benefits of the petitioner be calculates and be paid to him within four months of the receipt of a certified copy of this order. However, the arrears would he restricted to three years preceeding the date of filing of this writ petition. Disposed of.