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2004 Supreme(Del) 1174

MUKUNDAKAM SHARMA, G.C.MITTAL
RAM SINGH YADAV – Appellant
Versus
UNION OF INDIA – Respondent


Advocates Appeared:
Barkha Babbar, R.S.Dhull

Mukundakam Shrama, J.

( 1 ) THE prayer which is made in this petition is for issuance of a direction to the respondents to grant pension to the petitioner from the date of his discharge from military service with interest.

( 2 ) THE petitioner was enrolled in the Regiment of Artillery on October 15, 1963. During his service career spanning over 10 years and 258 days, the petitioner had earned more than four red-ink entries. As he had incurred more than four red-ink entries he was held to be a habitual offender and a show-cause notice was issued to him directing him to show cause why he should not be discharged from service. The petitioner submitted his reply to the show-cause notice. After receipt of the aforesaid reply, the same was considered and the petitioner was interviewed by the Commandant, School of Artillery. Thereafter, an order was passed by the respondent discharging the petitioner from service being unsuitable for military service in terms of the provisions of Army Rule 13-III (v) with effect from June 29, 1974. After the aforesaid discharge, the petitioner was also paid his terminal dues including service and death-cum- retirement gratuity. The petitioner was satisfie











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