IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.2762 of 2009 SUNIL KUMAR (EX-SEPOY), ARMY NO. 4271510A, son of Sri Baleshwar Tanti, resident of Village Krishna Nagar, Koolipara, P.O. Sahebganj, District Sahebganj (Jharkhand). ---Petitioner Versus 1. THE UNION OF INDIA through the Defence Secretary, Army H.Q., Defence H.Q., New Delhi. 2. The Chief of the Army Staff, Army H.Q., Defence H.Q., New Delhi. 3. Senior Record Officer, Bihar Regiment Abhilekh Karyalaya, Record, the Bihar Regiment, PIN-900441, C/O 56 APO. 4. The Officer Incharge, P.C.D.A. (Pension), Allahabad (U.P.). ---Opp. Parties ----------- For the Petitioner : Mr. Vivek Prasad, Advocate For the Union of India: Mr Kalika Nand Jha, Central Govt. Counsel --------- 3. 29.10.2009 This application is for modification of the order dated 18.4.2009 passed in CWJC No.2761 of 2007. A counter affidavit has been filed on behalf of the opposite party-Union of India. Mr Vivek Prasad, learned counsel appearing on behalf of the petitioner submits that by the aforesaid order dated 18.4.2009, the above writ application was dismissed by taking note of letter dated 26th of June, 2006, whereby it was communicated to the petitioner that he is not entitled to the service pension nor the disability pension since he did not complete the minimum qualifying service of 15 years as required under the Rules, referred to in the said letter. Learned counsel for the petitioner submits that the petitioner proposes to assail the aforesaid decision, contained in the letter dated 26th of June, 2006. However, by inadvertence, the petitioner did not make such 2 submission while the aforesaid writ application was being heard and disposed of. Having heard the rival submissions of the parties, in my opinion, in case the petitioner desires to assail the aforesaid order, it will be open to him to do so in accordance with law before an appropriate forum. The order dated 18.4.2009 is modified to the above extent. This M.J.C. application, thus, stands disposed of. PNM (Shailesh Kumar Sinha, J.)