IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. L.P.A. No. 1360 of 2010 (O&M) Date of Decision: August 9, 2011 Union of India and others …Appellants Versus Ex. Gunner Mukhtiar Singh (through LRs Amarjit Kaur and others) …Respondents CORAM: CORAM: CORAM: CORAM: HON'BLE M HON'BLE M HON'BLE M HON'BLE MR. JUSTICE M.M. . JUSTICE M.M. . JUSTICE M.M. . JUSTICE M.M. KUMAR KUMAR KUMAR KUMAR HON'BLE M HON'BLE M HON'BLE M HON'BLE MR. JUSTICE . JUSTICE . JUSTICE . JUSTICE GURDEV SINGH GURDEV SINGH GURDEV SINGH GURDEV SINGH Present: Dr. Amanpreet Sandhu, Advocate, for the appellants. Mr. Arun Singla, Advocate, for the respondents. 1. To be referred to the Reporters or not? 2. Whether the judgment should be reported in the Digest? M.M. KUMAR M.M. KUMAR M.M. KUMAR M.M. KUMAR, J.J.J.J. 1. The instant appeal under Clause X of the Letters Patent is directed against the judgment dated 21.10.2008 rendered by the learned Single Judge holding that an ex-serviceman after his discharge from service would be entitled to grant of pension under Regulation 113 and 132 of Pension Regulations for the Army, 1961 (for brevity, ‘the Regulations’). The learned Single Judge has also taken into account a Division Bench judgment of this Court rendered in the case of Ex. N Ex. N Ex. N Ex. Naik Piara Singh aik Piara Singh aik Piara Singh aik Piara Singh v. v. v. v. Union of India Union of India Union of India Union of India, 2004 , 2004 , 2004 , 2004 (4) RSJ 341 (4) RSJ 341 (4) RSJ 341 (4) RSJ 341 and a judgment of the learned Single Judge rendered in the case of Ajaib Singh Ajaib Singh Ajaib Singh Ajaib Singh v. v. v. v. Union of India Union of India Union of India Union of India, 1992 (1) SCT 693 , 1992 (1) SCT 693 , 1992 (1) SCT 693 , 1992 (1) SCT 693. The opinion of the learned Single Judge is that once a person completes LPA No. 1360 of 2011 (O&M) 2 15 years of qualifying service he becomes entitled to grant of pension under the army rules and regulations. 2. We have heard learned counsel for the parties at a considerable length and are of the view that once a person has completed 15 years of service within the meaning of Regulation 132 of the Regulations, he would be entitled to earn pension. There is nothing on the record which may suggest to the contrary or anything to show that the view taken by the learned Single Judge is not covered by the judgments rendered in the cases of Ex. Naik Ex. Naik Ex. Naik Ex. Naik Piara Singh (supra) Piara Singh (supra) Piara Singh (supra) Piara Singh (supra) and Ajaib Singh (supra) Ajaib Singh (supra) Ajaib Singh (supra) Ajaib Singh (supra). Accordingly, we are of the view that the appeal is wholly without merit and would not deserve admission. 3. In fact, the conduct of the appellants in filing the appeal is not appreciable because the instant appeal is an illustration of frivolous litigation initiated at the instance of Union of India and its Officers. The appellant-Union of India has framed the National Litigation Policy which has been reported as (2010) 6 SCC J (2010) 6 SCC J (2010) 6 SCC J (2010) 6 SCC J-17 17 17 17. The aforesaid policy has been completely overlooked by the appellants. In Paragraph VI, the issue of filing of appeal has been dealt with. In accordance with Item D, the following provision has been made: - “VI. Filing of appeals “VI. Filing of appeals “VI. Filing of appeals “VI. Filing of appeals (A) to (C) x x x x (D) In service maters, no appeal will be filed in cases where: (a) the matter pertains to an individual grievance without any major repercussion; (b) the matter pertains to a case of pension or retirement benefits without involving any LPA No. 1360 of 2011 (O&M) 3 principle and without setting any precedent or financial implications.” (emphasis added) 4. In view of the fact that the appeal has been dismissed on merit, we do not wish to express any opinion on the prayer for condonation of 618 days delay in filing the appeal. (M.M. KUM (M.M. KUM (M.M. KUM (M.M. KUMAR) AR) AR) AR) JUDGE JUDGE JUDGE JUDGE (GURDEV SINGH GURDEV SINGH GURDEV SINGH GURDEV SINGH) August August August August 9, , , , 2011 2011 2011 2011 JUDGE JUDGE JUDGE JUDGE PKapoor