Court No.2 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition (S/S) No.618 of 2003 (Old No.35675 of 1998) No. JC 113754H, Ex-Subedar Mahabir Prasad (since deceased) Substituted by L.Rs.:- (1) Rajni Kant (2) Prem Ballabh Sons of late Mahavir Prasad ………… Petitioners Versus The Chief Record Officer, Defence Security Corps, Hill Road Cannanore, Karala, 670013 and others. ………… Respondents ……………….. Sri Ravi Babulkar, learned counsel for the petitioner. Smt.AnjaliBhargava, learned Standing Counsel for the Union of India/respondents. Date: Aug. 11,2008. Hon’ble P.C.Verma,J. This petition has been filed by the petitioner seeking writ of mandamus commanding the respondents to grant and pay the service pension to the petitioner of the rank of Subedar due from 01.03.1985 on which date the petitioner retired from the rank of Subedar. Further, a writ of mandamus has also been sought to command the respondents to pay the difference of pension of rank 2 of Naib Subedar and Subedar to the petitioner with interest at the rate of 18% per annum. 2. The facts of the case, in brief, are that the petitioner was appointed in Army Medical Core on 12.08.1949 and enrolled at No.6768808. Thereafter on 04.07.1967 the petitioner was enrolled in Defence Security Corps but the salary was paid to him from his old enrollment No. i.e. 6768808. On 18.05.1981 after completion of 14 years’ service the petitioner was promoted to the rank of Naib Subedar on 13th January, 1991 and was granted seniority with effect from 27th May, 1991. On 14.11.1983 the petitioner passed the Army First Class Certificate of Education held at HQMPB and O area Jabalpur vide their letter No.966/2/E/14 dated 29.11.1983 and daily order Pt.II No. 02/04 serial No.09 dated 3rd Jan. 1994 and become eligible for further promotion of the rank of Subedar. The petitioner was shocked to know that the JCO’s junior to him were promoted to the rank of Subedar with effect from 2nd Feb. 1984, vide DSC Records letter No.1503/A/2/BO1- I/promotion dated 04 Feb., 1984 but his name was excluded in the said list. On being represented by the petitioner on 17.04.1984 his case was referred to DSC Records and only then a Special Departmental Promotion Committee was held and petitioner’s name was included in promotion Rolls. The petitioner was promoted to the rank of Subedar with effect from 03.02.1984 but due to non-sending of promotion papers to the concerned office and officers he was not allowed to assume his office of Subedar. He could only assume after a lot of struggle on 28.12.1984. The papers of promotion of petitioner were 3 received in the office on 02.01.1985 and on completion of 55 years of age the petitioner retired from service on 01.03.1985. He was given retirement from the rank of Subedar with effect from 01.03.1985 without any pensionary benefits for the reason that earlier his name could not be included in the promotion roll in time and the promotion papers were not sent to the concerned office or officers at right time. 3. The grievance of the petitioner is that due to non-sending of promotion papers at right time to the concerned office, the petitioner could not be given the benefit of pension of the rank of Subedar and he is rather receiving the pension of lower rank i.e. of Naib Subedar and is sustaining a huge loss of difference of pension. The petitioner made various representations against the high-handedness of the respondents that he is being paid salary of Naib Subedar that is of earlier rank/post that too with the initial number of Sepoy i.e. 6768808 which is resulting him a huge loss in the amount of pension. 4. The learned counsel for the petitioner mainly contended that the petitioner passed the Army First Class Certificate of Education which is the criteria for promotion on the rank of Subedar. He further relied that in Para-8 of the counter affidavit the respondents themselves admitted that the petitioner had passed Army First Class Certificate of Education on 09 July, 1983 and personal occurrence to this effect was published by this parent unit and order in this respect was received in DSC Record Office on 28 January, 1984. Thus, he became eligible for further promotion to the rank of ‘Subedar’ 4 subject to fulfillment of other eligibility conditions. In the counter affidavit the respondents nowhere stated that the petitioner did not fulfil the other eligibility conditions. 5. In view of above admission by the respondents coupled with the facts and circumstances of the case, the petitioner is entitled to get the pension of the rank/post of Subedar of which rank he had been retired. Hence Writ of mandamus is issued commanding the respondents to grant and pay the service pension to the petitioner of the rank of Subedar due from 01.03.1985. 6. The writ petition is allowed accordingly. No order as to costs. (P.C.Verma,J.) 11.08.2008 P.Singh