IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.18362 of 2009 1. UMA SHANKAR SINGH S/OLATE RAM JATAN SINGH R/O VILL-SHANTI NAGAR, KINJAR, P.S AND P.O- SHANTI NGAR KINJAR, IN THE DISTRICT OF ARWAL Versus 1. THE UNION OF INDIA THROUGH SECRETARY, MINISTRY OF HOME AFFAIRS, NEW DELHI 2. DEPUTY INSPECTOR GENERAL, CENTRAL RESERVE POLICE FORCE, NEEMUCH MADHYA PRADESH 3. COMMANDANT, GROUP CENTRE 28 BATTALION, CENTRA RESERVE POLICE FORCE, DULAIJAN, ASSAM 4. OFFICER, COMMANDING HEAD QUARTER COY, 28, BATTALION, DULISJAN, ASSAM ----------- 5. 01.02.2010. Counsel for the petitioner has filed reply to the counter affidavit filed on behalf of the respondents, which is taken on record. 2. Heard learned counsel for the petitioner and the counsel for the Union of India. 3. Petitioner was appointed as a Constable in the 28 Battalion of the Central Reserve Police Force (hereinafter referred to as “C.R.P.F.”). Later, he was promoted as Lance Nayak. Under application dated 15.4.1971 he requested the authorities to consider him for further promotion as also to communicate him reasons as to why he has not been granted further promotion(s). The application is contained in Annexure-1 to the writ application, perusal whereof indicates that the Commandant wrote a note over the same that his application for further promotion shall be considered after the result of his application for discharge is known. According to the authorities petitioner was discharged from the service of the C.R.P.F on 6.7.1971. By filing the present writ application petitioner has questioned the aforesaid discharge from the C.R.P.F. - 2 - 4. This Court having heard counsel for the petitioner was not inclined to look into the correctness or validity of the discharge of the petitioner from the C.R.P.F. on the ground of delay and laches in filing the petition then the counsel for the petitioner submitted that the authorities may be asked to consider his request for grant of pension and gratuity as also other terminal dues taking into account the service rendered by him to the C.R.P.F. from the date of his initial appointment in August, 1962 till the date of his discharge on 6.7.1971. 5. Having heard counsel for the petitioner and the Union of India I direct Respondent No.3 (the Commandant, Group Centre 28 Battalion, C.R.P.F., Duliajan, Assam) to consider the request of the petitioner for grant of pension taking into account the actual service rendered by him before his request for discharge from C.R.P.F. was accepted and if he is found entitled for any pension/gratuity then to grant him such pension/gratuity, failing which the Commandant shall be obliged to pass a reasoned order indicating the reasons as to why petitioner is not entitled for grant of pension/gratuity/other terminal benefits. 6. This writ application is, accordingly, disposed of. P.K.P. (V.N.Sinha,J.)