- (1.) Claim in the present writ petition is for release of Reservist Pension to the petitioner, who was discharged from Army service on January 17, 1967, after rendering seventeen years, two hundred and eighteen days of combined Colour and Reserve qualifying service.
(2.) The petitioner was enrolled in the Army on June 14, 1949, under 'Colour- Reserve' system of enrolment, which was in vogue during that period. Under this system, an individual was supposed to serve for seven years in the Army on regular basis (known as Colour Service) after which eight years were supposed to be spent in reserve, during which period the person could indulge in any civil vocation but could be called upon to serve the nation in case of emergency. While the petitioner was serving in the Army, his terms of engagement were changed to ten/ten system (ten years in Colour and ten years in reserve). The petitioner was recalled to the active service during 1962 war with China and 1965 war with Pakistan. He was discharged from Army service on January 17, 1967 under Rule 13 (3) III (iv) of the Army Rules, 1954 (for short 'the Army Rules') at his own request after he had put in seventeen years, two hundred and eighteen days of Combined 'Colour-Reserve' service. The Reservist Pension was declined to the petitioner on the ground that when the petitioner was discharged from service on January 17, 1967, at his own request, there used to be clause (b) in Regulation 155 of the Pension Regulations For the Army, 1961 (Part-I) (for short 'Pension Regulations') which provided that pension was not to be granted to those individuals who were discharged at their own request before fulfilling their terms of engagement even if they had completed qualifying service of fifteen years for pension. This clause was lateron deleted from Pension Regulation 155 with effect from April 01, 1968. The petitioner having been discharged from Army service at his own request on January 17, 1967, he was not entitled to the Reservist Pension.
(3.) After notice, claim of the petitioner has been contested by the respondents by filing a written statement alleging therein that as per terms and conditions of service, the petitioner was due to discharge from service with effect from June 13, 1969. However, he was discharged from the Army service on January 17, 1967 under Rule 13 (3) III (iv) of the Army Rules before fulfilling the terms and conditions of engagement at his own request on extreme compassionate grounds. As per Pension Regulation 155 (b), which was in vogue at the time when he was discharged from service, Reservist Pension was not to be granted to those who were discharged from Army service at their own request before fulfilling their terms and conditions of engagement. The words "at his own request" was deleted from Pension Regulation 155 (b) with effect from April 01, 1968, but the petitioner having discharged from service at his own request on January 17, 1967 i.e prior to the modification of Pension Regulation 155 (b), he was not entitled for Reservist Pension.;