IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10717 of 2010 RAJ NARAIN S/O LATE RAM PRASAD R/O VILL.- MAHAJI, P.O. KOTWAN PATTI RAMPUR, TAHSIL- CHAPRA, P.S. BHAGWAN BAZAR, VIA P.O.- GULTAINGANJ, RLY. STATION CHAPRA KACHAHRI, DISTT.- CHAPRA, BIHAR AT PRESENT RESIDING AT VILL.- RAUZA POKHRA NAI BASTI, POST- CHAPRA, DISTT.- CHAPRA (SARAN) EX-NAYAK, 3RD BIHAR REGIMENT PETITIONER Versus 1. THE UNION OF INDIA THROUGH THE BRIGADIER, THE BIHAR REGIMENTAL CENTRE 2. THE BRIGADIER, THE BIHAR REGIMENTAL CENTRE PIN-908765, C/O 56, A.P.O. DANAPUR CANTT. 3. RECORD OFFICER, BIHAR REGIMENT ABHILEKH KARYALAYA RECORDS THE BIHAR REGIMENT PIN-908765, C/O 56 A.P.O., DANAPUR CANTT. 4. MAJOR OFFICIATING COMMANDING 3RD BIHAR REGIMENT, C/O 56 A.P.O., DANAPUR CANTT. RESPONDENTS --------- 03/ 13.07.2010 Heard counsel for the petitioner and counsel for the Union of India. Petitioner was enrolled on 05.06.1963 in the third battalion of Bihar Regiment. He was dismissed from service of the Army on 07.02.1975 after having undergone summary court marshal proceeding. Petitioner represented before the authorities against his dismissal order under representation dated 26.04.1975 and legal notice dated 26.06.1975 but the same was not acted upon. Reminder dated 12.02.1976 was also sent to the authorities but was not considered by the authorities of the Army. Petitioner thereafter is said to have become insane. In 2009 he again approached the Army authorities for redressal of his grievances but the same was not considered whreafter petitioner moved under Right to Information Act. In response thereto he was informed under letter dated 05th December, 2009 that he was - 2 - dismissed from service on 07.02.1975 after rendering service of 11 years 08 months 02 days which was less than 15 years and he is not entitled for grant of pension. By filing the present petition, petitioner has questioned the decision of the Army authorities by which he was dismissed on 07.02.1975 as also the decision not to grant pension to him. Petitioner having been dismissed from service on 07.02.1975, I am not inclined to entertain this writ petition against dismissal order. Petitioner having not completed 15 years of service he is not entitled for any pension. In the said circumstance, I do not find any merit in the writ petition which is dismissed. shahid (V.N.Sinha, J)