CWP(T) No. 7269 of 2008 07.09.2010 Present: Mr. Ranjan Sharma, Advocate, for the petitioner. Mr. Vikas Rathore, Deputy Advocate General for the respondents/State No. 1 to 3. Mr. Varun Chandel, Advocate, vice Mr. Sandeep Sharma, ASGI, for respondent No. 4. There is no dispute that petitioner was engaged as a Peon by the Department of Education on 26.6.1957. There is also no dispute that his service was embodied with the Territorial Army between 1957 up to 1967. In the year 1967 petitioner was again given employment as P.T.I. on ad-hoc basis and such services were regularised on 28.9.1970. Petitioner eventually retired from service of the State Government on 30.4.1995. 2. This petition was filed in the year 2000. It is not apparent from the record that petitioner had sought benefits of Section 7(A) of the Territorial Army Act, 1948. Respondents have also not dealt with this aspect of the matter while holding that for the purposes of pensionary benefits petitioner’s service rendered between the years 1957 up to 1967 would not be counted for the purposes of pension. Petitioner has deposited some payments towards the counting of this service towards civil service. This aspect of the matter has also not been considered by the respondents. 3. Faced with this situation learned counsel for the parties jointly pray that instead of deciding the matter on merits a direction be issued to the respondents to decide the petitioner’s case in the light of his representations (Annexures A-11, A-12 and A-13). -2- 4. Accordingly a direction is issued to the respondents to decide the petitioner’s case by taking into account the provisions of the Territorial Army Act, 1948 and also the averments made by the petitioner in the present petition. Liberty granted to the petitioner to place additional facts, if any, within a period of four weeks from today. Respondents shall take a decision within a period of three months from the date of receipt of the certified copy of the order. 5. With the aforesaid observations, the present petition stands disposed of. (Sanjay Karol), Judge. September 7, 2010 (PK)