- (1.) The order dated 02.11.2012 passed by Armed Forces Tribunal, Chandigarh Regional Bench, dismissing the petitioner's Original Application wherein he sought the benefit of pension for Army service is under challenge in this writ petition.
(2.) The petitioner was enrolled as MT (Driver) in the Army on 21.01.1963. The terms and conditions of petitioner's engagement are well described by the respondents in para 4 of their speaking order dated 30.06.2010 (Annexure P6) which reads to the following effect:- "And whereas, Service document (Sheet Roll) in respect of the above named individual has been destroyed on expiry of its preservation period i.e. 25 years in terms of Para 595 of Regulations for the Army 1987, Vol-II (Revised Edition) being a non pensioner. However, as per entry made in Destruction Register and discharge book, the petitioner was enrolled in the Army on 29 Jan 1963 and discharged from service on completion of period of engagement after rendering 07 years of colour service. The terms and engagement applicable at that time was 07 years of colour and 08 years of reserve service. He was not retained for further engagement in reserve period being no vacancy in reserve and discharged from service on completion of period of engagement. He does not fulfill the primary condition for grant of reservist pension as per para 155 of Pension Regulations for the Army 1961 (Part I). He was paid a sum of Rs.880.75 on account of service gratuity for his qualifying service. In the light of aforesaid facts the petitioner is not entitled for grant of reservist pension."
(3.) The petitioner further attempted to substantiate his plea that on completion of 7 years of colour service, the petitioner was entitled to the benefit of 8 years of 'reserve service' but was not retained/further engaged for want of a vacancy, on the basis of his Discharge Certificate (Annexure P2).;