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2005 Supreme(Raj) 2104
High Court Of Rajasthan
Judgename : S.K. Keshote,Ajay Rastogi
Dhan Singh S/o.Shri Laxman Singh - Appellant
Versus
The Union of India, The Chief Controller of Defence - Respondent
D.B. Special Appeal (Writ) No. 406 of 1995
Decided On : 09/09/2005
Shri Rajendra Singh Bhadauria, for the Petitioner Appellant
Shri Sanjay Pareek, for the Respondents
Former army personnel are entitled to mustering out pension benefits based on their service in war theatres of foreign countries, as per the relevant Pension Rules and Regulations.
Headnote:
Pension Benefits - Mustering Out Pension - F. 142/50/4109/D (GS) - Regulations of 1940, Regulation 316 - The deceased, a former army personnel, sought mustering out pension benefits based on his service in war theatres of foreign countries. The court found that the deceased had served overseas for the required period and was entitled to count his services rendered in war theatres of foreign countries double for the purpose of mustering out pension. The court also held that the deceased was entitled to mustering out pension as per the Pension Rules for Jaipur State Forces and the Regulations of 1940. The court further found that the respondents' denial of the pension benefits amounted to discriminatory treatment. The court quashed the previous order and directed the respondents to grant the pension benefits to the deceased and his widow.
Fact of the Case:
The deceased, a former army personnel, sought mustering out pension benefits based on his service in war theatres of foreign countries. The respondents denied the benefits, claiming that the deceased had not served overseas for the required period.
Finding of the Court:
The court found that the deceased had served overseas for the required period and was entitled to count his services rendered in war theatres of foreign countries double for the purpose of mustering out pension. The court also held that the deceased was entitled to mustering out pension as per the Pension Rules for Jaipur State Forces and the Regulations of 1940. The court further found that the respondents' denial of the pension benefits amounted to discriminatory treatment.
Issues: The main issues were whether the deceased had served overseas for the required period and whether he was entitled to mustering out pension benefits.
Ratio Decidendi: The court held that the deceased had served overseas for the required period and was entitled to count his services rendered in war theatres of foreign countries double for the purpose of mustering out pension. The court also held that the deceased was entitled to mustering out pension as per the Pension Rules for Jaipur State Forces and the Regulations of 1940. The court further found that the respondents' denial of the pension benefits amounted to discriminatory treatment.
Final Decision: The court quashed the previous order and directed the respondents to grant the pension benefits to the deceased and his widow.
S.K. Keshote, J.-Dhan Singh, son of Shri Laxman Singh (since deceased) filed this special appeal under Section 18 of the Rajasthan High Court Ordinance, 1949, against the order, dated 08.03.1995, of the learned Single Judge in S.B. Civil Writ Petition No. 748/1995 filed by him.
2. Deceased petitioner appellant Dhan Singh (now represented by his widow) (hereinafter shall be referred to as the deceased) filed the writ petition aforesaid in this Court on 30.01.1995. In the writ petition he prayed for grant of following relief ,
“(i) Issue a writ of mandamus or any other writ, order or directions commanding the respondents to grant pensionary benefits to the petitioner from the date of his discharge with all the consequential benefits inter alia order of Non-petitioner No. 3 dated 02.02.1993 (Annexure-4) rejecting mustering out pension claims be quashed being unjust, unreasonable and against law.
(ii) Issue any other writ, order or directions or any other relief in the nature thereof as is considered just and proper in the fact and circumstances of the case in favour of the petitioner including the cost.”
3. The deceased was enrolled in Jaipur Infantry on 01.06.1941 and mustered out from services on 10.1950 after having rendered nine years four months and nine days satisfactory service. It is stated that the deceased had been discharged from the services in consequence of his being unsuitable for absorption in Indian Army. The deceased had rendered his services in war theatre of foreign countries in MEF from 04.02.1942 to 01.07.1944 and in FMF from 18.08.1944 to 210.1945; he was awarded 1939-1945 Star, African Star, Italy Star War Medals and Defence Medal in recognition of his services in war theatre. In support of his this averment made, the deceased filed the photocopy of the discharge certificate as Annexure-1 to the writ petition.
4. The deceased, in the writ petition, averred that as per the instructions issued under the letter bearing No. F. 142/50/4109/D (GS) dated 30.04.1951 of the Government of India, Ministry of Defence, where an individual elects the option to receive mustering out concessions under the normal SF Rule, he will be entitled to count his services rendered ex-State in a field service area as double for purposes of pension/gratuity if admissible under the State Rules. The deceased urged that he served in the field area in foreign countries and thus his case is fully covered under the instructions aforesaid issued by the Government of India, Ministry of Defence, New Delhi. The instructions aforesaid have been produced by the deceased on the record of the writ petition as Annexure-2.
.5. Despite of aforesaid instructions of the Government of India, Ministry of Defence, the deceased has not been extended the pension benefits. The deceased, in the year 1992, sent a notice for demand of justice though his Counsel to the respondent that he had not been given the benefit of pension. One
.of the respondents replied the notice sent by the deceased, vide reply, dated 011.1993 and therein it is stated that since he had rendered only of nine years four months and nine days service, he is not entitled for mustering out pension, however, it has been admitted in the reply to the notice for demand of justice that the deceased was paid a sum of Rs. 303 and 12 Annas as muster out gratuity at the time of his discharge from service.
6. As the reply (Annexure-3) to the notice for demand of justice did not make mention of the service rendered by him in war theatres of foreign countries to be counted double for the purpose of muster out pension, the deceased sent a supplementary notice through his Counsel to the respondent for reexamination of his case for pension, but his case do not appear to have reconsidered by the respondents and the deceased has not been extended the benefits aforesaid.
.7. The deceased had also made reference in the writ petition of the fact that Jodhpur State Forces, vide Para 4 (g) of the Pension
