IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP No.: 850 of 2004. Decided on: 03.11.2008. Damodari Devi and Others. … … … Petitioners. Versus Union of India and Others. … … … Respondents. Coram: The Hon’ble Mr. Justice Rajiv Sharma, J. Whether approved for reporting?1 No. For the petitioners: Mr. R.K. Sharma, Advocate. For the Respondents: Mr. Kul Bhushan Khajuria, Central Government Counsel. Rajiv Sharma, Judge: Brief facts necessary for the adjudication of this petition are that the petitioner was enrolled in Army Service Corps (AT) on 8th December, 1961 as Sepoy. He was discharged on 16th June, 1967 under Rule 13(3) Table III (v) of the Army Rules, 1954 as his service was no longer required. He had given his name as “Mulak Ram” and date of birth as ‘8th December, 1940’. He was allotted Army No.6447360. He was declared deserter with effect from 4th November, 1963. He was apprehended by the civil police on 6th March, 1964 and brought to unit lines under police escort and kept under military custody for 11 days with Whether reporters of local papers may be allowed to see the judgment? No. - 2 - effect from 6th March, 1964 to 16th March, 1964. He was awarded punishment of 28 days detention in military custody from 17th March, 1964. He was again awarded punishment of 28 days imprisonment in military custody with effect from 22nd May, 1964 onwards. He was awarded punishment of 21 days in military custody with effect from 23rd September, 1964. He was further awarded punishment of 28 days in military custody with effect from 13th December, 1965. He got himself enrolled in Jammu & Kashmir Rifles as Rifleman (Cook Unit) with effect from 14th November, 1967. He was allotted Army No.13731069. He gave his name as “Amolak Ram” and date of birth as 14th November, 1943. He did not disclose to the Army authorities about his earlier enrollment with Army Service Corps (AT) at the time of his enrollment with Jammu & Kashmir Rifles on 14th November, 1967. He was discharged from service from Jammu & Kashmir Rifles on his own request on 21st February, 1971. He again got himself enrolled in Defence Security Corps on 24th December, 1973. He was discharged from Defence Security Corps on 31st December, 1982. He made a representation on 12th April, 1996. The same was replied to by the authorities with regard to his non-entitlement for service pension vide letter dated 26th September, 1996. He moved another application dated 6th May, 1997. The same was replied to on 19th March, 1998. He was informed on 31st December, 2002 that his service with Army Service Corps (AT) could not be counted for the purpose of pension (Annexure P-3). Mr. R.K. Sharma has strenuously argued that the petitioner had completed 17 years, 9 months and 22 days service and was entitled to pension under Regulation No.132 of the Army Regulations (Pension - 3 - Regulations for the Army, 1961). Mr. Kul Bhushan Khajuria has strenuously argued that the service which the petitioner has rendered with Army Service Corps (AT) with effect from 8th December, 1961 to 16th June, 1967 cannot be counted for the purpose of seniority or pension. He further submitted that the petitioner was discharged from Army Service Corps (AT) after treating him undesirable and inefficient for further military service. He lastly contended that the petitioner had not disclosed the factum of his earlier enrollment and discharge from Army Service Corps (AT). I have heard the learned counsel for the parties and perused the record carefully. It is evident from the facts enumerated above that the petitioner got himself enrolled in Army Service Corps (AT) on 8th December, 1961. He has given his name as “Mulak Ram” at the time of his enrollment. He declared his date of birth as ‘8th December, 1940’. He was detained in military custody as noticed above. He was discharged from Army Service Corps (AT) on 16th June, 1967 after being treated as undesirable and inefficient for further military service. He rendered a total qualifying service of 5 years and 7 days with Army Service Corps (AT). He without disclosing about his earlier enrollment in Army Service Corps (AT) got himself again enrolled in Jammu & Kashmir Rifles under the new name as “Amolak Ram” with date of birth as 14th November, 1943. It was a serious misconduct on part of the petitioner not to disclose his earlier enrollment and discharge after being found undesirable and inefficient for further military service. If he had disclosed this fact, there was no occasion for the Army Authorities to enroll him in Jammu & Kashmir Rifles. The fact of the matter is that he - 4 - got himself enrolled in Jammu & Kashmir Rifles under the new name “Amolak Ram” and served there with effect from 14th November, 1967 to 21st February, 1971. Thereafter he again got himself enrolled in Defence Security Corps on 24th December, 1973. He was discharged on completion of his term of engagement on 31st December, 1982. He had rendered 8 years and 313 days qualifying service with Defence Security Corps and his aggregated qualifying service after counting the period with Jammu & Kashmir Rifles and Defence Security Corps comes to 12 years 47 days. He cannot be permitted to take advantage of the period of service rendered with Army Service Corps (AT) with effect from 8th December, 1961 to 16th June, 1967. He was bound to disclose his initial engagement with Army Service Corps (AT) with effect from 8th December, 1961 to 16th June, 1967. He managed to get himself enrolled in Jammu & Kashmir Rifles by concealing material facts from the Army Authorities on 14th November, 1967. He cannot be permitted to take advantage of his own wrongs. He got himself enrolled in Army Service Corps (AT) under the name “Mulak Ram” and thereafter he changed his name to Amolak Ram and fraudulently got himself enrolled in Jammu & Kashmir Rifles on 14th November, 1967. If the authorities had been apprised that he has been discharged from Army Service Corps (AT) after treating him as undesirable and inefficient for further military service, there was no occasion for his subsequent enrollment in Jammu & Kashmir Rifles and also in Defence Security Corps. Accordingly, it is held that the petitioner cannot take the benefit of 5 years and 7 days service with Army Service Corps (AT). The petitioner is also not entitled to any relief due to inordinate delay in approaching this Court. He was discharged from Defence - 5 - Security Corps on 31st December, 1982. He made first representation on 12th April, 1996. Comprehensive reply was sent to him on 26th September, 1996. He moved another application on 6th May, 1997. A detailed reply was furnished to him on 19th March, 1998. He was again apprised of the factual position vide Annexure P-3, dated 31st December, 2002. The present petition has been filed on 1st November, 2004. The petitioner has not explained the delay from 1982 onwards. It is reiterated that the period of petitioner’s service of 5 years 7 days with Army Service Corps (AT) cannot be counted for the purpose of qualifying service and there is inordinate delay in filing the present writ petition. Accordingly, in view of the observations made above, the writ petition is dismissed with no order as to costs. November 03, 2008. (Rajiv Sharma) (sck). Judge.