( 1 ) RULE. WITH consent of learned counsel for the parties the petition was taken up for final disposal. This writ petition was filed by the petitioner for declaration of the order of termination of petitioner from service without issuing show cause as void abinitio. reinstatement of the petitioner with consequential benefits and direction of payment of pro-rata pensionary benefits to the petitioner. Since the order is of 24/1/1988 and the writ petition was filed only in the year 1998 after a lapse of 10 years relief in respect of reinstatement and challenge to show cause notice is not pressed. Learned counsel however, contends that insofar as the grant of pensionary benefits is concerned, the petitioner cannot be non-suited on the grounds of delay and cannot be deprived of these pensionary benefits. Learned counsel for the petitioner relied on the Judgment in the case of Hazara Singh Vs. Chief of air Staff (Delhi) 1982 (1) SLR 521 to contend that if the power is exercised under Section 18 of the Army Act by the President of India, then exercise of such power cannot deny pensionary benefits to the petitioner. There is no dispute about the fact that the order date