1 S.B. CIVIL WRIT PETITION NO.3288/2008. (VIKRAM SINGH VS. UNION OF INDIA & OTEHRS) DATE OF ORDER : 27.08.2008. HON'BLE MR. GOVIND MATHUR, J. Mr. J.K. Kaushik for the petitioner. Mr. Kuldeep Mathur for the respondents. The petitioner was enrolled with Indian Army on 15.03.1970 and while attachment with 14th Battalion of the Mehar Regiment, he was dismissed from service on 07.02.1996. By this petition for writ, the petitioner is claiming for a direction for respondents to decide and grant pensionary benefits, with the aid of Regulation 16(a) of the Pension Regulations for Army, 1961. Regulation 16(a) referred above reads as follows: “when an officer who has to his credit the minimum period of qualifying service required to earn a pension, is cashiered or dismissed or removed from the service, his/her pension, may at the discretion of the President, be either forfeited or be granted at a rate not exceeding that for which he/she would have otherwise qualified, has, he/she retired on the same date.” 2 It is stated by learned counsel for the petitioner that no order by his Excellency the President of India is passed forfeiting pensionary rights of the petitioner, therefore, the petitioner is entitled for all post retiral benefits as prescribed under Regulation 16(a). Reliance is also placed by learned counsel for the petitioner upon a judgment of this Court in the case of Lt. Col. (T.S.) Harbans Singh Sandhu vs. Union of India and others reported in 2002 SCC (L&S) 169, that reads as follows: “The petitioner, an army officer, had put in about 27 years of service, but on the eve of his retirement was posted as Camp Commandant of the NCC Camp. During this last leg of his career, he was charged with misappropriation and making of false complaints against his superior officers. A General Court Martial, acting under the Army Act, tried him and imposed a punishment under Section 71(d) of the Army Act, 1950. He was cashiered. No further penalty was imposed under Section 71 Clause (h). these are agreed facts. The petitioner applied for his pension and gratuity, which come to a substantial sum, as early as 1971. No reply was forthcoming and no payment either. So he filed the present writ petition to compel the 3 Government to pay him what is due by way of gratuity and pension. This was his property and could not be taken away except by due process of law. The only provision of law pointed out to us by counsel on either side is Section 16(a) of the Pension Regulations, 1961, for the Army. It is found from the records that there is no order passed under the said Regulation nor is it the case of the Union of India in their return that any such order depriving the petitioner wholly or partly of his pension or gratuity has been made by the President. The inevitable consequence is that he is entitled to be paid the entire pension and gratuity under the Rules. We direct the respondent to pay the said sum within three months from today. Accordingly, we allow the writ petition with costs.” Per contra, as per the respondents, an amendment was introduced in the Regulations of 1961 and by the force of that, the petitioner is not eligible for pension or gratuity in respect of his previous service. Heard learned counsel for the parties. The claim of the petitioner rests upon the provisions of Regulation 16(a) of the Regulations of 1961. As per the 4 respondents, an amendment was introduced in the Regulation aforesaid and, therefore, the petitioner is not eligible for pension and gratuity for the services rendered by him in Indian Army. From perusal of the notification making amendment in Regulation 16(a), it is apparent that the amendment came into force on 09.06.1999, whereas the petitioner was dismissed from service on 07.02.1996. On the date the petitioner was dismissed from service, he was entitled to receive pension as per the provisions of Regulation 16(a) of the Regulations of 1961, as those were then existing. The amendment on which the respondents are placing reliance was not at all in currency on the date of dismissal of the pettioner, as such, the respondents cannot treat the petitioner ineligible to receive pension and gratuity for the previous service. The petition for writ for the reasons stated above succeeds and, therefore, the same is allowed. The respondents are directed to make the payment of pension and gratuity to the petitioner as per the provisions of Regulation 16(a) of the Pension Regulation for Indian Army, 1961. The respondents are required to make compliance of the directions given by this Court on or before 01.12.2008. (GOVIND MATHUR)J. Anil/