DEWA SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner who claims to have served the Indian Army for a period of 15 years and 2 months, has approached this court with a prayer that a writ of mandamus be issued directing the respondents to grant him service pension w.e.f. 1.4.1956 with interest at the rate of 18% p.a.

(2.) The respondents contest the claim of the petitioner on a two fold basis. Firstly, it has been pointed out that the petitioner was discharged from Army on 31.3.1956. The writ petition was filed in the year 1991. It suffers from laches and is, therefore, liable to be dismissed. Secondly, it has been pointed out that the petitioner had initially serviced from 4.9.1940 to 6.7.1947. Thereafter, he was re-enrolled on 3.12.1947. Whenever, former service is required to be counted towards the second spell of service, the individual is required to surrender the gratuity already paid to him. In this case, there is nothing on record either to establish that he has returned the gratuity amount paid to him, or that there is a notification regarding counting of his former service towards his second spell. It has been further submitted that after 1.4.1956, the petitioner had submitted his first petition "after a lapse of 28 years requesting for his duplicate discharge certificate.........." It was issued. Based on the duplicate discharge certificate, he had represented for the grant of pension. The petitioner was requested "to forward the old records available.... as the records pertaining to him have been destroyed being time expired. In this regard, the individual had admitted that his old correspondence alongwith valuable things have been destroyed by fire and hence he requested for a duplicate discharge certificate.... It was, however, revealed that in his application dated 18.10.1984, for the issuance of duplicate discharge certificate, he had submitted that he had lost the original one issued to him, while travelling in the bus between Ladhran and Samrala on 10.10.1984 which he kept in a bag. The petitioner also lodged a complaint with the Samrala Police about the loss and the FIR was also enclosed. The petition submitted by him regarding the loss of discharge certificate on 18.10.1984 and the petition dated 28.1.1987 mentioning that the certificate was destroyed by fire, are contradictory which clearly denotes that he manipulated the entire case only to get the pension on some pretext........." The respondents have also stated that the entire records have been destroyed in accordance with the regulations. In the absence of the record, the claim made by the petitioner cannot be verified. On these premises, the respondents have prayed that the writ petition should be dismissed.

(3.) The petitioner has filed replication to reiterate his claim.