JUDGMENT

Dr. S. Muralidhar, CJ. - Challenging an order dated 12th October, 2012 of the Armed Forces Tribunal, Kolkata Bench, Kolkata (AFT) dismissing his application in O.A. No.5 of 2011, the Petitioner has filed the present petition. By the impugned order the AFT held that since there is a short fall of three months twelve days of pensionable service rendered by the Petitioner until he was voluntarily discharged from service, the provision of condonation of the shortfall as provided in Regulation 124 will not apply in case of the Petitioner to make up for his inability to complete 15 years of mandatory service to make him eligible for pension.

2. The background facts are that the Petitioner was enrolled in the Army (Corps of EME) as an Apprentice on 30th March, 1973 and transferred as a combatant to the Bench service with effect from 14th March, 1975. The Petitioner was discharged from service at his own request on 'extreme compassionate grounds' with effect from 18th December, 1987.

3. It must be noted here that while the Petitioner claims that he was compelled to seek discharge, the fact remains that he did not make any such grievance soon after his discharge and this aspect has be