IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2078 of 2010 1. EX.NIAK SUSHIL KUMAR SINGH (6387193) S/O LATE MAHESHWAR PRASAD SINGH R/O VILL- GARH BARWAI, P.O GARH BARWAI, P.S- LOKHA OP DISTT- SUPAUL Versus 1. THE UNION OF INDIA THROUGH MINISTRY OF DEFENCE, DEPT. OF DEFENCE, SOUTH BLOCK, NEW DELHI 2. SECRETARY TO THE GOVT. OF INDIA, MINSITRY OF DEFENCE, DEPT. OF DEFENCE SOUTH BLOCK, NEW DELHI 3. COMMANDING OFFICER, BRANCH RECRUITING OFFICE, KATIHAR, PO AND P.S KTIHAR, DISTT- KATIHAR 4. SENIOR RECORD OFFICER, OIC RECORDS, ASC RECORDS (SUPPLY), SOUTH, BANGALORE-07 5. SENA SEVA CORPA ABHILEKH (SUPPLY) (SOUTH) BANGALORE-07 6. ZILA SAINIK KALYAN PADADHIKARI BHAGALPUR (BIHAR) 7. CAPT. PANKAJ DEBGUN O/C 5102 ASC (COMPO), 56 APO ----------- 05. 29.03.2010. Heard learned counsel for the petitioner and the Union of India. 2. Petitioner was serving as a JCO in the Army. He was discharged from the army under discharge order dated 9th September, 2000 after completing 14 years and 221/147 days. Petitioner never challenged the discharge order. This petition has been filed questioning the correctness of the order passed by the Senior Record Officer dated 21st July, 2009, Annexure-7, whereunder request of the petitioner to condone the shortfall in the length of service for grant of pension has been refused. For earning pension, JCO is required to serve the army for 15 years and as the petitioner served the army for 14 years and 221/147 days he made a request to the authorities to condone the deficiency in length of service as per the provisions contained in Rule 125 of the Army Pension Regulations, 1961 which inter alia empower the competent authority to condone the deficiency in length of service so as to enable the JCO to earn pension. In this connection, learned counsel has also relied on the Government order dated 21.7.2004, - 2 - Annexure-8 which required the competent authority to consider the request of the army men/JCO for condonation of the deficiency in length of service by applying the principles of justice, equity and fair play. It is submitted that having served the army for 14 years and more the authorities while passing the order dated 21st July, 2009, Annexure-7 should have condone the deficiency of service relying on the order dated 21.7.2004, Annexure-8. 3. From the impugned order refusing to condone the deficiency in length of service it does not appear that the authorities have considered the case of the petitioner in the light of the principles of equity, justice and fair play as has been ordained by the Government under order dated 21.7.2004, Annexure-8. In the circumstances, I set aside the impugned order dated 21st July, 2009, Annexure-7 with direction to the competent authority to consider the case of the petitioner for condoning the deficiency in length of service as per Rule 125 of the Army Pension Regulations, 1961 and the Government order dated 21.7.2004, Annexure-8 applying the principles of equity, justice and fair play in accordance with law, as early as possible, in any case within a period of two months from the date of receipt/production of a copy of this order. 4. The writ application is, accordingly, disposed of. P.K.P. (V.N.Sinha,J.)