HON’BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.8396 of 2010 Dated: 23-04-2010 Between: A. Venkateshwara Rao. … Petitioner And The Chief of the Air Staff, New Delhi. … Respondent HON’BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.8396 of 2010 ORDER: This writ petition is filed, seeking directions by way of Mandamus, declaring the proceedings, dated 1st September 2009, issued by the respondent vide Proceedings No.Air HQ/41003/253989/ PA-III, holding that the petitioner was not eligible for pension, as illegal and arbitrary, and consequently, direct the respondent to declare the period of one year and 180 days after the nine years service, as reservist service, and to grant the benefit of nine years regular service with six years reservist service, with all consequential benefits. The petitioner is an ex-employee of the Indian Air Force. He was appointed as a Training Clerk on 25.02.1963. The period of engagement was nine years regular service and six years reservist service. After the petitioner has completed the regular service of nine years by 24.02.1972, due to National emergency, he was retained in the Indian Air Force for a period of one year and 180 days i.e. till 23.08.1973, which is a part of reservist service, and thereafter, he was discharged. As the respondent did not pay him the pension, gratuity and other benefits in reservist category, the petitioner has approached this Court earlier, by filing W.P.No.3469 of 1994. This Court, by an order, dated 18th of December 1995, dismissed the said writ petition, observing that the petitioner was discharged from service in 1973, but the said writ petition was filed after 21 years, without explaining the abnormal delay. It was further observed that the petitioner was not entitled for pension, as the minimum qualifying service for getting pension, was 15 years, and admittedly, the petitioner did not serve for such period. Aggrieved by the same, an appeal in W.A.No.274 of 1996 was preferred, but the same was also dismissed for delay. Thereafter, the petitioner has made several representations to the respondent for grant of pension, and on 01.09.2009, the respondent has issued the impugned order, holding that the petitioner is not eligible for pension. Hence, this writ petition. The learned counsel for petitioner submitted that inasmuch as the petitioner has put-in nine years of regular service and one year and 180 days of reservist service, if the entire service is taken into consideration, he is entitled for pension. The said plea cannot be accepted for more than one reason. Though the petitioner was discharged from service in 1973, only in 1994, he has filed the earlier writ petition in W.P.No.3469 of 1994, and this Court, while dismissing the said writ petition by an order, dated 18.12.1995, has observed that the petitioner is not entitled for pension, as he did not put-in the minimum required service i.e. 15 years of service, for seeking pension. As the appeal in W.A.No.274 of 1996, filed against the orders in the aforesaid writ petition was also dismissed on 08.04.1996, the orders, dated 18.12.1995, passed in the writ petition, became final, and hence, the petitioner cannot agitate the matter again on the same grounds. Further, in the impugned order, dated 01.09.2009, it is observed that as per Regulation 121 of the Pension Regulations for the Air Force 1961 (Part-I), an individual is required to put in a minimum qualifying service of 15 years to earn service pension. It was further observed that as per Regulation 136, an individual is required to serve for nine years in regular service and six years in reserve service i.e. a total of 15 years, to earn reservist pension. Admittedly, the petitioner has completed only nine years of regular service and one year and 180 days of reservist service, and in that view of the matter, he is not entitled for service pension. For the aforesaid reasons, the writ petition is devoid of merit and it is accordingly dismissed. No order as to costs. ______________________ R. SUBHASH REDDY, J 23rd April 2010 ghn/ajr