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1987 Supreme(SC) 828

A.P.SEN, B.C.RAY
Kamal Singh Ghugtyal – Appellant
Versus
Union Of India – Respondent


Advocates:
K.M.M.Khan, O.P.Sharma, P.P.Rao, Subba Rao

Judgment

B.C.RAY, J. :- The petitioner who was a Havaldar in the Army (No. 4142276) has moved this writ petition praying for an order directing the respondents 1 to 3 to give pensionary benefit to the petitioner as he has served about 19 years in the army as a Havaldar. The petitioner has stated that in the first spell he has served in Kumaon Regiment from November, 1939 to August, 1947 during the second world war. He was released from the army service in August, 1947 in the rank of Havaldar (No. 16235). The petitioner was again recalled during Kashmir operations, in the Kumaon regiment and he served in the Army Supply Corps (MT) from July, 1948 to July, 1953 in the rank of Havaldar (DUR No. 6556074). The petitioner further stated that he was recalled .from Army Supply Corps (MT) by Kumaon Regiment and transferred to impart training in the Lok Sahayak Sena of K.R.C. Platoon No. 28 where he served from July, 1953 to July, 1956 in the rank of Havaldar. As his job was to impart military training to Lok Sahayak Sena which is like NCC, he retained a regular army No. 4142276. The petitioner stated that in an alleged incident of storing illicit arms in his house, there was a police raid an





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