- (1.) The Union of India and its officers have filed the instant appeal under Clause X of the Letters Patent for challenging the judgment dated 27.8.2009 passed by the learned Single Judge whereby the writ petition (CWP No. 10018 of 2008) filed by the respondent against the rejection of his claim for pension, was allowed.
(2.) The case of the respondent, as set up by him in the writ petition was that he was enrolled in the Army on 20.12.1983 and rendered 15 years 3 months and 12 days of service. On 4.9.1998, he applied for pre-mature discharge from service on the ground that there was no one at home to look after his mother and wife. Pursuant thereto, he was discharged from service on 31.3.1999. Vide letter dated 25.6.1999, he was informed by the authorities that he was not entitled for service pension as qualifying service was less than 15 years. As he was in dire need of money, he requested the authorities to allow him to discharge his duty for the non-qualifying period. However, the same was not responded to. According to him, he had annual leave of 60 days to his credit which he had never availed. Therefore, his discharge was supposed to be effected from the date when his said leave was to expire. He requested for condoning the shortfall of 58 days for qualifying service but even the said request was denied by the Army Headquarters. The case of the respondent was also espoused by the Chief Record Officer, who also requested the Army Headquarters to examine his case denovo and accord sanction for condonation of deficiency of 58 days' qualifying service as a special case so as to make him eligible for grant of service pension but the said request was turned down on the ground that the deficiency of service for premature discharge at own request was not permissible.
(3.) In their reply to the writ petition, the present appellants averred that the respondent was a habitual offender of absenting himself without leave, overstaying leave and intoxication, and, therefore, the period of unauthorized absence and imprisonment could not be counted towards pension/gratuity. Taking into consideration the aforesaid period, the respondent fell short of 159 days of the qualifying service of 15 years for the grant of pension. However, after making adjustment, the qualifying service of the respondent fell short of 58 days. His request for condonation of period of deficiency in the qualifying service for grant of pension could not be considered as he had been discharged at his own request and there was a bar in the Pension Regulations for the Army, 1961 (Part-I).;