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2015 Supreme(J&K) 486

B.S.WALIA
Suraj Prakash – Appellant
Versus
Union of India – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Rahil Raja, Advocate
For the Respondents: Sindhu Sharma, ASGI

JUDGMENT :

B.S. Walia, J.

1. Petitioner's prayer is for the issuance of a writ of:-

(i) Certiorari for quashing Annexure J. i.e. order No. NER/13736133/LC-2 dated 03.01.2013 as also Annexure M i.e. order No. NER/13736133/LC-2G) dated 20.03.2014 passed by respondent No. 4 whereby the claim of the petitioner for grant of service pension with respect to the service rendered by him in the Defence Security Corps has been rejected;

(ii) Certiorari for quashing communications dated 14.07.2011 and 23.04.2012 placing an embargo for exercising power of condonation of shortfall in minimum qualifying service under Regulation 134 of the Army Pension Regulations, 1961 for the second time;

(iii) Mandamus commanding the respondents to count period of 05 days treated as non-qualifying service while computing the petitioner's total service in the Defence Security Corps with a further prayer for directing the respondents to thereafter grant service pension to the petitioner in respect of services rendered by him in the Defence Security Corps or in the alternative.

(iv) Mandamus commanding the respondents to grant condonation of shortfall in minimum qualifying service of one day to the petitioner in respect










































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