No. 4088072-H Ex Rifleman Sunder Singh of 12 Garhwal Fifles C/O-56 Apo v. U.O.I. Thru. Secy.Ministry of Defence New Delhi and 5 Others
Service pension – qualifying service
Case brief
What is this about?
Dismissed service-pension writ: Ex Rifleman Sunder Singh (No. 4088072-H) v. U.O.I. (Ministry of Defence), WRIT - A No. 9413 of 2025, Allahabad High Court Lucknow Bench, coram Rajan Roy J. and Manjive Shukla J., decided 22.8.2025. Court upheld Armed Forces Tribunal, Regional Bench, Lucknow rejection (arising from O.A. No.137 of 2014; notional reinstatement w.e.f. 06.04.2015 by order dated 14.02.2017) of claim under paras 21 and 47 of the Pension Regulations for the Army (Part-1), 2008; unauthorized absence 09.04.2005 to 08.05.2017 not counted (pay and allowances not admitted; leave not regularized as extraordinary leave); qualifying service 04 years 10 months against 15-year minimum of para 47; petition dismissed.
What did the court decide?
Reading Para 21 of the Pension Regulations for the Army (Part-1), 2008, service rendered during a period of absence will not be counted towards qualifying service if pay and allowances have not been admitted for the period of absence, or if the leave for that period has been regularised as extraordinary leave without pay and allowances; in the petitioner's case pay and allowances were never paid for his absence from 09.04.2005 to 08.05.2017 and the period was never regularised as extraordinary leave, so that period does not count.