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2002 Supreme(Mad) 131

V.KANAGARAJ
S. V. Durairaj – Appellant
Versus
Union of India represented by its Secretary to Government, Ministry of defence, New delhi and others – Respondent


Advocates:
P.Arulmudi for Petitioner.
K.Shanmugam, Additional Central Government Standing Counsel for Respondents.

ORDER: Petitioner has filed this writ petition praying to issue a Writ of certiorarified mandamus calling for the records of the third respondents issued in NO.03178/SP/17/DG-1 dated 17.6.1992 and quash the same and consequently direct the respondent to pay the pension based on the military service of the petitioner.

2. In the affidavit filed in support of the writ petition, the petitioner would submit that he joined the Indian Army in the Madras Regiment on 13.1.1945 and he was discharged on 15.8.1961 on account of completion of the terms of engagement; that he was paid gratuity amounting to Rs.75 per month in lieu of pension of Rs.10 per month in lieu of pension of Rs.10 p.m.; that after his service in the army, he was re-employed as Record Keeper on 14.5.1955 in the Ministry of External Affairs, New Delhi; that he repaid the gratuity received for restoring the pension, which at the time of his discharge was Rs.10 and on enhancement thereafter, the present rate is Rs.1,200 and therefore, inspite of several representations made on his part to the second respondent with lawyer’s notice dated 5.7.1993 and 28.10.1993, the respondents by the impugned order dated 17.6.1992 rejected his

























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