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1995 Supreme(Del) 768

USHA MEHRA
KISHANCHAND – Appellant
Versus
UNION OF INDIA – Respondent


Advocates Appeared:
K.C.MITTAL

USHA MEHRA, J.

( 1 ) THE short point involved in this petition is whether services rendered by the petitioner in the Indian Air Force for nearly 22 months can be counted towards pensionary benefits. The petitioner joined Indian Air Force and served from 21st March, 1967 to 11th January, 1970. He was. however, discharged from Air Force w. e. f. 11th January, 1970 on Selection for Permanent Commission in the Aamy. His lien on the present rank was not maintained nor the service rendered by him for the duration of his pre-commissioning training has been counted towards pensionery benefits. The action of the respondent is based on the wrong interpretation of the rules. When on being selected on permanent commission, his duration of pre-commissioning training was not considered. The petitioner made representation through Commandant Indian Military Academy seeking benefit of service rendered during that period. He also met personally with the then Chief of Air Staff, but his representation was rejected by the Army Head Quarters on 20th May, 1976 thereby showing its inability to sponsor the petitioner s case for the benefit of service rendered by him in the Indian Air Force from 21st March












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