Judgment:
Shrikant Tripathi, Member (J):
1. Heard the applicant in person and the counsel for the respondents and perused the record.
2. With the consent of the parties, the matter is being disposed of finally, without waiting for the reply statement.
3. The applicant Ex Nk/Gunner No.1161125 was enrolled in the Army on 18th of April 1960 and was discharged from service on 26th of November, 1967 under Rule 13 of the Army Rule. He was examined by a Medical Board which found him suffering from a disability to the extent of 11-14% which had aggravated due to the service. His claim for the disability pension was denied by the respondents. So he filed W.P.No.32843 of 1997 in the High Court of Karnataka at Bangalore which was dismissed on 2nd August 2001 (vide Annexure A7). Therefore, the claim for disability pension has already been settled on judicial side and as such requires no reconsideration.
4. By the instant O.A, the applicant claims reservist pension. According to him, he was enrolled in the Army for 7 year colour and 8 year reserve service and was discharged from the service only on completion of 7 years and 151 days of service. According to him, he was entitled to be given the benefit of reserve service for pension purposes, but the respondents did not give due consideration to that aspect of the matter, therefore, the applicant could not earn anything towards pension.
5. The applicant who is appearing in person next contended that after the discharge from the Army he has no adequate means of livelihood and his financial conditions are pitiable, therefore, he needs financial assistance, may be in the form of some lump sum amount or special pension under Regulation 164 of the Pension Regulations for the Army, 1961. He further submitted that he had participated in the Indo- China war in the year 1962 and had sustained an injury in his left hand which had resulted in causing the aforesaid percentage of the disability. Therefore, taking into consideration his services in the war his matter was required to be given due consideration sympathetically.
6. The applicant's discharge is of the year 1967 and according to the respondents original records relating to the applicant's service may not be available. So , according to them, the case of the applicant cannot be properly considered.
7. In our view, 15 years service, as per Regulation 132 of the Pension Regulations for the Army 1961, is necessary to earn a service pension. Even for reservist pension the same tenure is required. According to the averments made in the O.A, the applicant was recruited for 7 years colour and 8 years reserve service. If this tenure is taken as his total tenure, he would have entitled to reservist pension, but in absence of documents we are not in a position to decide the question of the total tenure the applicant had served towards colour as well as reserve service. It is for the respondents to decide as to whether the applicant was transferred to the reserve or not, and if he was so transferred his case for reservist pension is required to be given due consideration in accordance with law. In case the applicant's entitlement to reservist pension is not acceptable, in that eventuality, his claim for special pension in terms of Regulation 164 of the Pension Regulations for the Army, 1961 is required to be duly considered by the respondents in accordance with law, particularly keeping in view his services during Indo China war and his pitiable financial conditions. It is relevant to observe that the special pension in terms of the aforesaid Regulation 164 is granted by the President at his discretion and as such we do not think it proper to issue any specific direction, except to direct the respondents to consider the applicant's matter in terms of the aforesaid Regulation 164. Regulation 164 is re-produced as follows:
â164. Special pension or gratuity may be granted at the discretion of the President to individuals who are not transferred to the reserve and are discharged in large numbers in pursuance of Govt's policy.
(i) of reducing the strength of establishment of the Armed Forces;
Or
(ii) of re-organization, which results in disbandment of any unit/formation.â
8. It will, however, be open to the applicant to give a detailed petition for reservist pension to the Chief of Army Staff within two months from today. If any such petition is given, the same may be given due consideration and appropriate decision thereon shall be taken by him in accordance with law, preferably within four months from the date of receipt of the petition. The decision so taken shall also be communicated to the applicant in writing.
9. It is further made clear that the applicant may give another petition to the respondent No.1, that is, Secretary to the Government of India, Ministry of Defence, for special pension in terms of the aforesaid Regulation 164 within two months. If any such petition is given, the same may also be given due consideration in accordance with law and appropriate decision thereon shall be taken expeditiously, if possible, within four months from the date of receipt of the petition. The decision to be taken on such petition shall be communicated to the applicant.
10. With the aforesaid directions, the Original Application is disposed of.