CWP No. 13736 of 1992 1 In the High Court for the States of Punjab and Haryana at Chandigarh … CWP No. 13736 of 1992 Date of decision: October 21,2008 Ex.Gunner Mukhtiar Singh ..Petitiioner. Versus Union of India and others ..Respondents Coram: Hon'ble Mr.Justice Rakesh Kumar Garg Present: Mr. Arun Singla, Advocate for the Petitioner. Mr.Rajiv Sharma, Advocate for the respondents. ... Rakesh Kumar Garg,J.(Oral) This is a petition under Article 226 of the Constitution of India for the issuance of an appropriate writ, order or direction quashing the summary court martial proceedings dated 15.7.1985 and to direct the respondents to grant pension as a Gunner as he was discharged from service after having more than 15 years of service; with a further direction to pay the arrears of pension till date. Undisputedly, the petitioner was enrolled in the Regiment of Artillery of the Indian Army on 6.11.1970 and was discharged from service vide Annexure P-4 with effect from 30.11.1985. Thereafter, the petitioner received his dues in various accounts through the District Sainik Board, Faridkot. However, he did not receive the Pension Pay Order. The petitioner made inquiries in this regard. He was informed vide letter dated 27.1.1987 (Annexure P-5) that he is not entitled to get pension. Thereafter, petitioner made representations. However, the grievance of the petitioner was not redressed. Faced with this situation, the petitioner approached this Court by way of this writ petition. The petitioner has placed reliance upon the provisions of Regulation 113 and 132 of the Pension Regulations for the Army, 1961 in CWP No. 13736 of 1992 2 support of his case, which reads as under:- “Individuals dismissed or discharged under the Army Act. 113. (a) An individual who is dismissed under the provisions of the Army Act is ineligible for pension or gratuity in respect of all previous service. (b) An individual discharged under the provisions of Army Act and the rules made there under remains eligible for pension or gratuity under these Regulations.” Minimum qualifying service for pension. “132. Unless otherwise, provided for the minimum qualifying colour service for earning a service pension is 15 years.” In support of his case, the petitioner has also relied upon a judgment of this court in the case of Ex. Naik Piara Singh Versus U ion of India 2004(4) RSJ 341, judgments of this Court in CWP No.1649 of 1988 (Annexure P-16),CWP 5056 of 1991 and CWP 5203 of 1991 and has argued that the petitioner is entitled to the grant of pension as has been held in the aforesaid decisions of this Court on similar facts. Learned counsel for the respondents was unable to controvert the said arguments of the petitioner. In view of the judgment of this Court placed on record as Annexure P-16, the writ petition is allowed and the respondents are directed to grant the benefit of pension to the petitioner on the basis of his service. The respondents are further directed to pay the arrears to the petitioner within four months from the receipt of certified copy of the judgment. No order as to costs. October 21, 2008 (RAKESH KUMAR GARG) nk JUDGE