1 S.B. CIVIL WRIT PETITION NO.3929/2004. DATE OF ORDER : 15.02.2007. HON'BLE MR. GOVIND MATHUR, J. Mr.Y.R. Sonel for the petitioner/s. Mr.Vineet Mathur for the respondent/s. By this petition for writ, the petitioner prayed for service pension/proportionate pension being a retired member of Indian Army. The factual matrix necessary to be noticed for adjudication of the present petition is that the petitioner was enrolled with Territorial Army on 03.05.72 and thereafter was embodied combatant soldier with the Artillery of Indian Army on 13.10.73. He was discharged from the service of Indian Army on 13.11.92 and as such he served the respondents for a term of 10 years 7 months and 26 days. After discharged from service, the petitioner claimed for service/proportionate pension, but the same was denied to him by the Senior Record Officer, Air Defence Artillery Records, Nasik Road on the count that he did not complete the qualifying service required to earn service pension. Being aggrieved by the same, this petition for writ is preferred. 2 In reply to the writ petition, it is contended by respondents that according to para 132 of the Pension Regulation for the Army 1961, the minimum period of qualifying service (without weightage) actually rendered and required for earning service pension shall be 15 years. The petitioner according to the respondents served for a term of less than 10 years, therefore, is not entitled for getting any service pension. The petitioner to substantiate the claim placed reliance on a Division Bench of this Court in the case of Sultan Singh vs. Union of India & ors. Reported in 2003(1) WLC -58. I have gone through the judgment referred above, but the same has no application in the present controversy. In the case of Sulta Singh (supra), this Court allowed pension to a retired Army personnel in accordance with the Government of Indian Ministry of Defence order dated 31.08.1960 providing special pension or gratuity for the individuals discharged in large numbers in pursuant to government policy. In the aforesaid case, Shri Sultan Singh was a member of Rajputana Rifles and was discharged from service on 30.11.54 on being rendered surplus to the Army establishment. The case of the petitioner stands on a different pedestal. The petitioner was discharged from service in a normal course and, therefore, Ministry of 3 Defence Order dated 31.08.60, is having no application in his case. The case of the petitioner is required to be examined in accordance with para 132 of the Army Pension Regulation, 1961. It is not in dispute that the petitioner has not earned qualifying service as prescribed under para 132 of the Army Pension Regulation, 1961, therefore, he is not entitled for getting any pension as claimed. Accordingly, I do not find any merit in this petition for writ, the same, therefore, is dismissed. (GOVIND MATHUR)J. Anil/