ORDER

JAYACHANDRA REDDY, J. - In these two Criminal Miscellaneous Petition Nos. 8905 of 1990 and 491 of 1991, the petitioners are Major G. S. Sodhi and Lt. Col. S. K. Duggal respectively. They were tried by court-martial and ultimately were removed from service. Both of them had filed Writ Petition (Cri.) Nos. 478 of 1989 and 525 of 1988 respectively and they were dismissed by a common judgment of ours dated November 30, 1990. In these two criminal miscellaneous petitions the common prayer is for ordering instantaneous release of the petitioners provident fund, gratuity and pension.

2. It is submitted that the petitioners are entitled to the pensionary benefits which they have earned and their removal from service does not in any manner disentitle them from having these benefits. On behalf of the respondent Union of Indian it is submitted that the pensionary benefits in respect of those who are dismissed from service, cannot be claimed as a matter of right as these benefits are at the discretion of the President of India and are granted purely on compassionate grounds. It is also submitted that the gratuity is regulated by Army Regulations 2-A and 4 and that Regulation 3 lays down