Court No. - 32 Case :- SPECIAL APPEAL No. - 1018 of 2010 Petitioner :- Sardar Singh Respondent :- Union Of India & 3 Others Petitioner Counsel :- Shiv Krishna Bahadur Respondent Counsel :- A.S.G.I. Hon'ble R.K. Agrawal,J.
Hon’ble Abhinava Upadhya,J.
The present special appeal has been filed against the judgment and order
dated 20th April, 2006, passed by the learned Single Judge, whereby the writ
petition preferred by the appellant has been dismissed. It appears that the
appellant was employed in the Indian Army. He joined the service on 1st July,
1955 wherein he worked till 3rd February, 1968 nd thereafter, admittedly,
the appellant did not work nor he was paid any salary. The case set up by the
Army officials is that on his request for voluntary retirement the appellant was
prematurely retired whereas the case set up by the appellant is that he did not
seek any premature retirement. Be that as it may, it is not of any use to decide
the question as to whether the appellant sought for voluntary retirement or he
did not seek for the same as admittedly after 3rd February, 1968 the appellant
was not in service nor was paid any amount towards his salary. It is not
expected of anybody to keep silent for a period of more than 38 years
thereafter to wake up to raise his grievance. Admittedly, the appellant had
been in service for less than 15 years, to be very precise 12 years 7 months
and 2 days, therefore, having not been qualified for the pension for which
minimum 15 years service is required, therefore, the pension has rightly been
denied to the appellant. The order of the learned Single Judge does not suffer
from any legal infirmity.
The special appeal fails and is dismissed.
Order Date :- 23.7.2010
mt