1. (Oral). - In this writ petition, the petitioner has prayed for issuance of writ of mandamus or any other appropriate writ, order or directions commanding the respondents for treating the petitioner on reserve till his completion of 15 years services, as qualifying service for pension. He has also prayed that the discharge order passed by the respondents on 21.6.1963 may also be quashed and set-aside or in the alternative, the petitioner has prayed that the short fall period of 1 year and 6 months for qualifying pensionable service be got condoned and he be awarded service pension from due date.

2. Briefly, stated the facts of the case are that the petitioner was enrolled in the Jind Infantry on 13.1.1949 and remained with it till 31.3.1951. Thereafter, the petitioner switched over to Patiala Infantry w.e.f. 1.4.1951 and served with that Unit till 1.10.1952. Therefore, he had rendered 3 years, 8 months and 17 days services at stretch. Thereafter, he again got enrolled in the Grenadier Regiment on 12.8.1953 and was transferred to reserve establishment w.e.f. 6.10.1958 whereby he had rendered 5 years and 55 days qualifying services for pension.

3. The petitioner was then discharged from reserve service w.e.f. 21.6.1963 before completion of 15 years service for the purpose of pension. Therefore, the grievance of the petitioner is that on account of such act of the respondents, he was illegally deprived of his pensionary benefits without there being any fault of his. Further case of the petitioner is that he had rendered service for a total period of 13 years, 5 months and 23 days. He was recalled for colour service on 17.11.1962 for completion of requisite period to enable him to earn his pension.

4. According to the petitioner he had never sought discharge from reserve service on compassionate ground. The petitioner has submitted that there was no reason whatsoever, for him to seek discharge at that stage because having been proceeded on reserve establishment, he had all the time to manage his own affairs and problems. Therefore he had never asked for discharge on compassionate ground and whatever is mentioned in the Discharge Certificate, that ?Before fulfilling the conditions of enrollment on extreme compassionate grounds?, is wholly misconceived and without any basis.

5. It is also stated by the petitioner that when a person is put to a reserve establishment he is not required to discharge the duties but is only called periodically for the purpose of refresher training or during mobilisation as per existing instructions. After such training, the persons proceed to their home and are free to do their own work. Thereafter, they become entitled for pension on completion of 15 years service as a member of reservist establishment. The petitioner had never failed to turn up at the training camp as and when he was requisitioned. Therefore, there was no valid reason to prematurely discharge the petitioner from reserve service.

6. The petitioner had made correspondences on various occasions, for grant of reservist pension. It was vide letter dated 1.12.1994 that respondent NO. 3 had intimated that record of the Unit of the petitioner is not traceable and hence they are not in a position to reply. It was only vide letter dated 12.6.1995 that the respondent No. 3 had intimated the petitioner that since he had not rendered fifteen years qualifying services and his discharge has been effected before fulfilling the conditions of enrollment on extreme compassionate ground that he is not eligible for any kind of pension. Thereafter, the petitioner got a notice of demand of justice served on the respondents on 3.2.1998, stating therein that he has been wrongly deprived of his pension and has been made a victim of discharge for some undisclosed reasons and the compassionate ground is only a colour to deprive him from the pensionary benefit. A copy of discharge certificate was sought from respondent No. 3 on 5.5.1999 and the same was prov