R.L. Anand, J. - (1.) Lal Chand, petitioner has filed the present petition under Articles 226 and 227 of the Constitution of India, against the respondents for issuance of a writ of certiorari and for the quashment of the orders Annexures P -3 and P -5 and it was prayed by the petitioner that directions be issued to the respondents to release the pension to the petitioner as per the instructions Annexure P -6 besides interest.
(2.) The case set up by the petitioner is that he was enrolled in the Army on 18.7.1940 and at the time of enrolment, he was hale and hearty and no note of any disease was given in the Service Book by the Medical Board. In the year 1947, the petitioner rendered military service sincerely and continuously and without any complaint and he dedicated his youth for the cause of nation. He defended the national interest during World Ward -II and served the Army in Indo -Pak war in 1947. He was discharged from the military service on 21.2.1954 as his services were no longer required being surplus to the establishment. At the time of the his discharge, character of the petitioner was assessed to be good. According to the petitioner the authorities discharged him from military service at its own and there was no request from the side of the petitioner. After his retirement, the petitioner submitted documents before the authorities and claimed right of pension, but his claim was rejected. According to the petitioner, he rendered 13 years and 219 days service in the Army. Only gratuity has been paid to him. The petitioner made several requests for the release of service pension vide letter dated 31.5.1978. The authorities replied to the petitioner that he was not eligible for the grant Of service pension because 15 years qualifying service has not been completed by him. Finally, a legal notice was given by the petitioner in the year 1998. The petitioner submitted that as per the instructions dated 31.10.1987, the Army personnel who have retired or died in harness, are entitled to special pension and gratuity. Since the petitioner has been discharged from the Army on account of the fact that he was declared surplus, therefore, he is entitled to the benefit of pension.
(3.) Notice of the writ petition was given to the respondents, who filed reply and denied the allegations. Short stand of the respondents is that since the petitioner did not complete the qualifying service of 15 years, therefore, he is not entitled to the service pension, as per the instructions relied upon by the petitioner, because these instructions were issued in the year 1987 and the petitioner was discharged from the Army prior to 1987 and, therefore, these instructions cannot be applied retrospectively.;