T.A No. 287 of 2010 (Arising out of CWP 12406 of 2009). Case: Bikkar Singh Vs Union of India (UOI) and Ors.. Armed Forces Tribunal

Case NumberT.A No. 287 of 2010 (Arising out of CWP 12406 of 2009)
JudgesN.P. Gupta (J) and N.S. Brar (A), Members
IssueService Law
Judgement DateMay 04, 2011
CourtArmed Forces Tribunal


(Regional Bench at Chandimandir)

  1. Heard learned Counsel for the parties.

  2. By this petition, which was filed in the High Court of Punjab and Haryana, as writ petition on 17.8.2009, Petitioner has prayed for setting aside notionally the pre-mature discharge/release/dismissal of the Petitioner, and to grant pension and pensionary benefits, and also prayed for condonation of short fall of one year and five months, in his completing, minimum qualifying service for pension.

  3. The factual averments made are, that the Petitioner was enrolled on 16.12.1988 and was attested. However, after 2000 there was some episode about night out pass, and he was reprimanded, as the act was not appreciated or liked by the Commanding Officer. It is then alleged that Respondent No. 6 surreptitiously obtained the signatures of the Petitioner on blank paper, on the pretext that same is required to complete the service documents, but then the Petitioner was thrown out of regiment on 30.6.2002. The Petitioner made frequent request/appeal to the Commanding Officer, to the effect that he has not given any such request for pre-mature retirement/discharge/release, but then he was issued Employment Index Card revised, security training certificate and testimonial for civil employment by the regiment. So also the certificate of discharge. The Petitioner lost the original certificate and he obtained duplicate one and from that he learnt that assessment of his character has been changed. Then in para 9, it is pleaded that the Petitioner posted a letter for demand of justice, through his counsel on 29.5.2009. It is with these facts that the above reliefs have been claimed.

  4. Reply has been filed, pleading inter-alia, that the Petitioner remained silent from the year 2002 to 2008 and that he had applied for pre-mature retirement, his entire documents were duly forwarded by the competent authority on 21.11.2001. Other allegation of reprimand was denied. Thus discharge was sought to be supported.

  5. Arguing the petition, the learned Counsel for the Petitioner laid stress on the provisions of Regulations 202(c) of the Defence Regulations for the Army, 1987 and submitted that according to this provision the personnel discharged from service at their own request before completion of terms of engagement will also carry reserve, liability for the period specified for their respective ranks, probably meaning to contend that notwithstanding discharge, he continued to remain in...

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