IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. L.P.A. No.1270 of 2009(O&M) Date of decision: 18.11.2009 Lalinder Singh. -----Appellant Vs. Union of India and others. -----Respondents CORAM:- HON'BLE MR. JUSTICE ADARSH KUMAR GOEL HON'BLE MR. JUSTICE GURDEV SINGH Present:- Mr. S.K. Rattan, Advocate for the appellant. --- ORDER: 1. This appeal has been preferred against order of learned Single Judge, dismissing the writ petition for claim of service pension by condoning deficiency in minimum length of service required under the rules. 2. Case of the appellant is that he served Indian Navy for 14 years, 11 months and 6 days from 1950 to 1965. He was discharged on his own request. He made a representation in the year 2001, after about 35 years, for condoning shortfall in minimum qualifying service of 15 years for pension in view of instructions of Government of India dated 14.8.2001. The said LPA No.1270 of 2009 representation was not accepted as instructions for condoning shortfall were held not to be applicable to a person who was discharged on his own request. The appellant filed writ petition challenging order dated 13.3.2003, Annexure P-5, rejecting his representation. 3. Learned Single Judge dismissed the writ petition, holding that Regulation 82, providing for condonation of deficiency in minimum eligibility of service for pension, was not applicable. Case of the appellant fell in exception, since he was discharged at his own request. 4. We have heard learned counsel for the appellant. 5. Learned counsel for the appellant has not been able to dispute that case of the appellant falls under Exception (a) of Regulation 82. It is also not disputed that there is no provision for condonation of deficiency in case of persons taking discharge of their own volition. In absence of completion of qualifying service, the appellant could not get pension. 6. Learned counsel for the appellant has relied upon judgments of the Hon’ble Supreme Court in Raj Pal Sharma and others etc. v. State of Haryana and others AIR 1985 SC 1263 and Shiv Dass v. Union of India and others 2007(2) RSJ 332 and judgment of Delhi High Court in Hari Ram v. Union of India 2003(3) RSJ 700. The said judgments do not deal with the issue of making up deficiency in length of eligible service for pension, 2 LPA No.1270 of 2009 when discharge is taken voluntarily. Thus, the said judgments are distinguishable. 7. In view of above, we do not find any ground to interfere with the view taken by learned Single Judge. 8. The appeal is dismissed. (ADARSH KUMAR GOEL) JUDGE November 18, 2009 ( GURDEV SINGH ) ashwani JUDGE 3