( 1. ) THE question involved in the writ petition is whether the shortfall of 81 days of service should have been condoned so that the petitioner could qualify for reservists pension.

( 2. ) THE facts lies in narrow compass. Petitioner was appointed, in Royal Indian Air Force on 27-5-1949, initially as Motor Transport Driver. Thereafter he was remustered as Corporal (Musician ). Petitioner worked till 27-5-1958. He was kept in reserved list and was recalled on 14-12-1962 and was discharged on 5-3-1964. Initially the regular term of engagement was 9 years. An order of discharge P-2 indicates that total service in the regular air force reserve was five years 284 days. Thus, the petitioners total service comes to 14 years 284 days. 15 years is the minimum qualifying service of obtaining the reservists pension. It is not disputed that period of 60 days, the petitioner is entitled to add on account of annual leave, which has to be added to his credit on the date of his discharge from service in the year 1964.

( 3. ) THE total shortfall of the petitioner is service comes to 81 days, reducing the period of 60 days, which is entitled to be added on account of annual leave, the short fall comes to 21 days. Petitioner submitted various representations to the authorities; Annexures P-4, P-5, P-6, ultimately on 13-8-1991 an order - Annexure P-7 was passed by the Directorate of Personnel (Air Head-quarter), which is reproduced below :

"pensionary Benefits : Ex-206051 CPL Warren HJ (1) Please refer to your Dy. No. 964/do I/d (Air III) dated 10th May, 91 recorded on attached representation of above named ex-airman. (2) It is intimated that after completion of 9 years regular service, Ex. Cpl Warren HJ was transferred to Regular AF Reserve on 27 May, 58. Subsequently, he was called up for Air Force service from Regular Air Force Reserve and he reported for duty on 14 Dec. , 62. Finally, he was discharged from Regular Air Force Reserve on 5 Mar. , 64 under the clause service no longer required. At that time, he had a total of 14 years and 284 days (Regular + Reserve) service to his credit. (3) As per the rules, a minimum of 15 years of qualifying service (Regular + Reserve) is required to become eligible for Reservist Pension. Since he has less than 15 years of qualifying service to his credit, he is not entitled for Reservist Pension. (4) As regards for condonation, of deficiency it is informed that condonation of deficiency is applicable only in those cases where the airmen have completed minimum of 15 years service but run short of service due to certain spells of non-qualifying service. As such, condonation of deficiency also is not permissible in his case. These facts have already been brought to the notice of individual. However, a copy of this note has also been endorsed to the ex-airmen. Min of Def/d (Air III) may like to send a suitable reply to the individual. "

( 4. ) IT is clear from the above quoted order that the petitioner was denied the benefits of condonation on the ground that condonation of deficiency is applicable only in those cases where airman has completed minimum 15 years of service, but, run short of service due to certain spells of non-qualifying service.

( 5. ) THE respondents case is that the petition has been filed belatedly. The service record has been destroyed except sheet roll. The respondents submits the order Annexure P-7 is proper.

( 6. ) THE relevant provision relating to qualifying service is contained in Defence Service Regulations for Air Force, 1961. Para 121 of the Regulations reads as under:--

"121. Unless otherwise provided for, the minimum qualifying regular service for earning a service pension is 15 years. "

( 7. ) PROVISIONS of condonation of deficiency in service for eligibility to service of reservists pension is provided in Part-I Chapter-III: Airmen, Section I-General, which is reproduced below: Condonation of deficiency in service for eligibility to service/reservists pension.

"114. Except i