The petitioner has approached the Court seeking direction to the respondents for release of his pension for having retired from the Army after putting in pensionable service of 15 years with the Union of India, in invoking the writ jurisdiction of the Court under Article 226 of the Constitution of India read with section 103 of the Constitution of Jammu & Kashmir State.

2. According to the averments in the petition, the petitioner was enrolled as Sepoy (Nursing Orderly) in AMC, Lucknow on 15th December, 1943 and was transferred to reserve establishment w.e.f. 2nd December, 1955 after completing 12 years colour service. The petitioner further claims to have completed 15 years, detailed as 12 years regular and 3 years reservist, was informed by the Record Officer-in-Charge, Lucknow vide his No. 22340-RES dated 8-9-1958 and asked the Secretary DSS&A Board, Jammu, with a copy to the petitioner to complete pension papers and forward the same to him, as according to Army Instructions, AI No. 2/S/54 as amended by AI 209/56, reservists on completion of combined colour and reserve service, are eligible for pension/gratuity. It is further stated that the Record Officer, AMC, Lucknow, vide his communication No. 22340-RES dated 2-2-1960 addressed to the petitioner with a copy to the Secretary, DSS&A Board, Jammu, instructed him to complete the pension papers and forward the same within a week. The Secretary, DSS&A Board, Jammu vide his office No. 12/JSB/22 dated 5-3-1960 dispatched all the pension papers duly completed in all respect to OIC, Records, AMC, Lucknow in compliance to his office No. 22340-RES dated 8th September, 1958 for further necessary action. The petitioner was asked by the OIC, Records AMC, Lucknow to undergo 8 weeks training at Jalandhar Cantt., Military Hospital and Railway Order No. 145551 was also sent to him. The petitioner approached the Secretary, DSS&A Board, Jammu with an application and Railway Order intimating that since he has completed terms of his service, has retired and he is pursuing the pension after completing the pension papers with the Record Office, Lucknow, there is no question of training as such.

The petitioner stated that his application and Railway Order were forwarded by the Secretary, DSS&A Board, Jammu to the OIC, Records Office, Lucknow, and enquired that when the petitioner had already retired from his service, was he still required for further reservist training? The petitioner was neither informed thereafter nor his pension case was settled. Further case of the petitioner is that, for the first time, he came to know from a communication addressed by AMC, Records Officer, Lucknow, to the Zila Sainik Board, Jammu, intimating that the petitioner has been declared as deserter and dismissed from service from 11-11-1964 for having not reported for reservist training during 1961.

3. The petitioner further submitted that he had never received any communication/orders for further training during 1961. When he had retired from service after completing 15 years of service and his pension papers were forwarded to Records Office in response to their letter, the question of further reservist training in 1961 did not arise. The petitioner further claimed that he would have joined and completed the said training, had the AMC Records, Lucknow in response to the Secretary, DSS&A Board, Jammus letter dated 21st July, 1960 informed/intimated him that he had any liability to undergo reservist training. Moreover, AMC, Records Officer, Lucknow, in his letter dated 18-04-1990 has accepted the liability of 12 years colour service and three years reserve, but again reiterated that the petitioner was declared deserter and dismissed from service under Section 30 (3) of the Army Act w.e.f. 11th November, 1964, after three years from the date of desertion, when called for and failed to report for reservist training, and declined the entitlement for any pension/gratuity and other benefits as per existing rules. In the ab

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