The High Court of Punjab & Haryana dismissed a writ petition filed after over 50 years by an army servant discharged in 1954. The court held the petition was highly belated and the petitioner rendered less than 15 qualifying years, thus not entitled to pension.
Petition dismissed; no pension or benefits granted.
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CWP No. 14383 of 2005 1
IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
CWP No. 14385 of 2005 Date of decision: September 1, 2008
Harnam Singh
--Petitioner
Versus
Union of India and others
---Respondents
CORAM: Hon'ble Mr. Justice Ashutosh Mohunta Hon'ble Mr. Justice Rajan Gupta
Present: Mr. GS Ghuman, Advocate, for the petitioner. Ms. Geeta Singhwal, Central Govt. Standing Counsel for UOI-respondents No.1 to 3. Mr. KS Dadwal, Addl. AG, Punjab, for respondent No. 5.
Ashutosh Mohunta, J.
The petitioner was enrolled in the Army as a Sepoy on 17-5-1943 and was discharged on 6-11-1954, after having served for a period of 11 years 5 months and 21 days. He has prayed that directions be issued to the respondents to disburse him the pension and the pensionary benefits.
Reply on behalf of respondents No.1 to 3 has been filed, wherein it has been averred that the petition has been filed after an inordinate delay of 51 years. It has been further averred that as per para 132 of Pension Regulation Part 1, 1961 for the Army, minimum period of qualifying service ( without weight age) actually rendered and required for earning service pension shall be 15 years and, therefore, the petitioner is not entitled to pension on merits.
CWP No. 14383 of 2005 2
In view of the above, the present writ petition filed after more than 50 years from the date of discharge is highly belated. Even on merits, the petitioner having rendered less than
The writ petition is dismissed.
[Ashutosh Mohunta] Judge
[Rajan Gupta] Judge
September 1, 2008 `ask'
1 issue framed by the court
Whether the petitioner is entitled to pension given less than 15 years of qualifying service and a delay of over 50 years in filing the petition?
Harnam Singh
Union of India
Ashutosh Mohunta
Rajan Gupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
