The petitioner has stated in the writ petition that his service rendered in the LSS third spell should be treated as service in the army and he having served for more than 15 years in the army is entitled to pension.
He was released from the army service in August, 1947 in the rank of Havaldar No.
An affidavit in opposition has been filed on behalf of the respondents sworn by Capt.
It also appears from the letter dated 3rd February, 1987 issued under the signature of Major, Senior Record officer for officer in Charge addressed to the organisation Directorate, Adjutant Generals Branch, Army Headquarters that since the petitioner had number companypleted 15 years pensionable service in both the spells, he was number entitled to service pension as per the existing orders.
Under Article 32 of the Constitution of India M.M. Khan Amicus Curiae for the Petitioner.
P.E. Joseph.
ORIGINAL JURISDICTION Writ Petition No.
The Judgment of the Court was delivered by C. RAY, J. The petitioner who was a Havaldar in the Army No.
P. Sharma, Mrs. Subhadra and P. Parmeshwaran for the Respondents.
4 142276 has moved this writ petition praying for an order directing the respondent Nos.
1702 of 1986.
1 to 3 to give pensionary benefit to the petitioner as he has served about 19 years in the army as a Havaldar.
The petitioner was again recalled during Kashmir operations, in the Kumaon Regiment and he served in the Army Supply Corps MT from July, 1948 to July, 1953 in the rank of Havaldar DUR No.
The petitioner has stated that in the first spell he has served in Kumaon Regiment from November, 1939 to August, 1947 during the second world war.
16235 .
