M.R. Calla, J. - (1.) This special appeal is directed against the judgment and order dated 21.12.1995 passed by the learned Single Judge in S.B. Civil Writ Petition No. 147/1994 whereby the writ petition was dismissed.
(2.) The appellant came with the case that he was initially enrolled in the Rajputana Rifles i.e. Infantry Regiment of the Indian Army on 23.11.1942 and was allotted Regimental No. 35083. After completion of training of recritees he was attested in accordance with Section 11 of the Army Act 1911 which is (now Section 16 of the Army Act 1950) designated as Rifleman and attached to 3/6 Unit of Rajputana Rifles. During the course of second World War while undergoing the training of use of gas masks due to defective mask, the gas leaked out and the petitioner's right eye was damaged. Thereafter, he was transferred to the Army Ordinance Corp (Watch and Ward Wing) as Sepoy to guard the ammunition depot. According to relevant provisions under the Army Act prevailing at that time any person enrolled into one Corp or Department could be transferred from that corp/department to another corp/department without his consent. And accordingly the petitioner was also transferred to Watch and Ward Wing as Sepoy. The petitioner claims that he has to his credit one 'War Medal' and one Indian Independence Medal. In the Army Ordinance Crop (Watch and Ward Wing) he was allotted new number 213302 and continued to be governed by the Army Act. Vide discharge certificate dated 29.3.1957 the petitioner was discharged from the service w.e.f. 30.4.1957 on completion' of 14 years 5 months and 8 days service. The petitioner also has to his credit Higher Military Education Certificate in R.T. Exam (Military). The terms and conditions of his service even after his transfer to Watch and Ward Wing remained the same as they were in the Infantry Regiment of Rajputana rifles as would appear from the document Annexure R 2 i.e. a letter dated 18.1.1945 addressed to the Adjutant General in India by the Government of India War Department (Army Branch) New Delhi. As per item 4 i.e. terms and conditions of service under this letter dated 18.1.1945 clause 10 thereunder i.e. other concessions provides that whilst on field service and in threatened areas, they will receive concessions as admissible to combatant personnel of the regular army. It is the petitioner's case that throughout his service from 23.11.1942 to 30.4.1957 he served the army for 14 years 5 months and 8 days to be counted as 14 and half years as per note below part 5 of the Ministry of Defence letter dated 30.10.1987. The deficiency in 6 months so as to complete the 15 years service was not condoned in the case of the petitioner and therefore the petitioner claimed that he was entitled to grant of special pension under Rule 164 of the pension regulations for the Army part 1 because he was discharged due to disbendment of his unit/formation. It is the case the petitioner that he was representing the authorities for grant of pension from time to time but he was informed that since he had been enrolled in the army on 23.11.1942 and discharged w.e.f. 1.5.1957 due to disbendment of Watch and War Wing on deferred volunteer terms and he was not paid any special/service gratuity as per the letter dated 26.9.1987, the copy of which has been enclosed as Annexure 3 with the petition. Same reply was given vide letters dated 27.4.1988, 3.6.1988 and 30.3.1989. On 2.5.1989 the petitioner requested that his case be put up before higher authorities and he also moved an application dated 14.12.1989 to the Prime Minister. The Government of Rajasthan (Rajya Sainik Board) also took up his case for condonation of deficiency in service and grant of pension vide letter dated 10.4.1990. He was then informed by the Army Headquarter vide letter dated 12.8.1991 that the case is proposed to be taken with the Government for grant of service pension and the Government reply be awaited. A letter dated 28.8.1991 was also written by Lt. General Kundan Singh PVSM (Rtd.) recommending the petitioner's case. The petitioner then gave a legal notice dated 16.10.1993 which was served upon B.C. Joshi Chief of the Army Staff bringing on that the individual was actually enrolled in the Rajputana Rifles as a combatant soldier. The aforesaid legal notice dated 16.10.1993 was served by registered post. The notice was received by the respondent on 16.12.1993. The petitioner then preferred the writ petition No. 147/94 on 7.1.94 with the prayers as under : (i) Issue an appropriate writ, order or directions thereby declaring the action of the non- petitioners in not sanctioning pension to the petitioner to be wholly illegal, arbitrary and unconstitutional; (ii) Issue an appropriate writ, order or directions thereby directing the non-petitioners to sanction pension to the petitioner w.e.f. 1.5.1957 with all consequential benefits; (iii) Issue an appropriate writ, order or directions thereby directing the non-petitioners to pay interest on the arrears of pension w.e.f. 1.5.1997 @ Rs. 24% PA.; (iv) Issue an appropriate writ, order or directions thereby directing the non-petitioners to pay Rs. 25,000/- to the petitioner as an exemplary cost for the delay, in paying pension to the petitioner for his no fault and for causing huge financial hardship and mental agony to him; (v) Issue an appropriate writ, order or directions as may be deemed just and proper by this Hon'ble court; (vi) Cost of the writ petition be awarded to the humble petitioner;
(3.) This petition No. 147/94 was summarily dismissed on 26.5.94 on the ground that no cause of action had arisen in the jurisdiction of this Court.;