It is the case of the petitioner that he joined Army service on 19.11.1956 and he was granted emergency commission on 09.02.1964 and released on 20.09.1969. Later, he served in Central Government as Assistant Central Intelligence Officer (Tech.) grade. I and thereafter, he was granted special short service commission in the Army from 15.01.1972 to 15.01.1974. After his release from Army as Emergency Commissioned Officer in 1969, Rs.95/- per month was granted as service pension to him, and the same was revised from time to time and fixed at Rs.1,894/- per month as per the recommendations of the 5th Pay Commission, by taking his qualifying service as 12 ½ years. But, the fourth respondent issued orders in the year 2000 modifying the earlier pension payment order reducing his pension to Rs.1,516/- after taking qualifying service at 10 years and excess payment was ordered to be recovered. Thereafter, the fourth respondent issued another order cancelling the earlier pension orders and did not fix any pension, ordering only recovery of excess payments. However, he was being paid Rs. 1,275/- per month. It is submitted that the petitioner made several representations in this regard. In October, 2002, the third respondent, while rejecting his claim for revision of pension as per revised rules, admitted his qualifying service as 12 ½ years. Hence, this Writ Petition.
