The main legal point established in the judgment is that 'Reserve' service of an army personnel is required to be counted for determining qualifying service for pension, as per Regulation 132 of Pension Regulations and Army Instructions No. 5/S dated 3rd of April, 1957.

1. Union of India and its functionaries have filed this Original Side Appeal against judgment dated 30th of March, 2001 of a learned Single Judge of this Court allowing respondent, Joginder Lals O.W.P. No.860/98 and holding him entitled to pension and its arrears along with interest @ 9% P.A and to interest @ 16% P.A in case the pension was not paid within a period of three months.

2. Facts necessary for the disposal of this appeal may be stated thus:

The Respondent, No. 9081152M, Ex-Sepoy, Joginder Lal was initially enrolled in Jammu and Kashmir Militia on 5th of October, 1974. Jammu and Kashmir Militia was thereafter re-designated as Jammu and Kashmir Light Infantry with effect from 27th of April, 1976 vide Government of India, Ministry of Defence, New Delhi letter No. 4(3)/75/776-C/D (GS-1) dated 27th of April, 1976. He was discharged from Jammu and Kashmir Light Infantry Service on 20th of August, 1979. The Discharge Certificate of the respondent carries the endorsement of his having remained in Four years Ten months and Fifteen days of colour service and Fifteen years of `Reserve Service. After remaining in `Reserve, after his initial discharge from Jammu and Kashmir Light Infantry, he appears to have been re-enrolled in Defence Security Corps, on 23rd of February, 1992 on completion of the term of his engagement.

According to the appellants, the respondent had qualifying service of Thirteen years and Two Hundred Thirty Eight days to his credit in the two services i.e. one rendered in Jammu and Kashmir Light Infantry and the other in Defence Security Corps, whereas the respondent claims to have Fourteen years Ten months and Twenty Two days of his colour service in the two services. The appellants have not counted the period, the respondent had remained on unauthorised absence for Four Hundred and Fifty Four days.

Claiming his entitlement to pension, on the plea of having served the army for more than 15 years, respondent filed Writ Petition OWP No.860/98 seeking issuance of a writ of mandamus against the respondents to award and disburse service pension to him with effect from 29th of February, 1992 along with interest @18% per annum. The appellants, filed objections to the writ petition denying respondents entitlement to pension on the plea that he had served only for Thirteen years and Two Hundred & Thirty Eight days in both spells of his service and was thus not entitled to pension because of the operation of Rule 132 of Pension Regulations which permitted grant of Pension only if the ex-serviceman had Fifteen years of qualifying service.

3. The appellants had submitted before the writ court that though the `Reserve period in respect of the respondent had been noted as Fifteen years yet he was to remain in `Reserve only for two years in terms of the Rules of the service. According to the appellants, the respondent was entitled to count only two years of `Reserve period for the purpose of qualifying service.

4. A Learned Single Judge of this Court, examined the contentions of the parties and vide his judgment impugned in the appeal, allowed the writ petition after recording a finding, which reads thus:--

"The facts and figures on the basis of which he seeks to sustain his claim are as under:

The total period, therefore, comes to 454 days i.e. one year and eighty nine days.

The petitioner submits that even if what is stated by the respondents is taken as correct, even then, he is entitled to get two years of his Reserve Servic