Ex. Naik Baljit Singh V/s Union of India & Others

Information Type: Judicial Information
Court: High Court
High Court Name: High Court of Punjab and Haryana, Chandigarh
Date of Judgment(s): 2013-04-09
Case No: 14745 of 2012 (O & M)
Case Type: Writ Petition (Civil)
Subject: Service Law
Statutes / Acts: Pension Regulations for the Army, 1961
Advocate: R.A. Sheoran (P) & D.S. Bishnoi (R)
State of Appellant(s): Punjab
Case Note / Description :

Learned counsel for the respondents, on the other hand, could not point out as to whether the period of absence of 98 days was without pay and allowances. In view of the aforesaid discharge certificate of the respondents themselves stating the service rendered by the petitioner as 14 years and 324 days, we are of the opinion that it is clinching evidence in favour of the petitioner and having regard to Regulation 9 of Pension Regulations, the fraction of a year equal to three months and above but less than six months is to be treated as a completed one half year, therefore, the petitioner had rendered 15 years of service. It is not in dispute that 15 years of service is the qualifying service to earn pension. The petitioner would thus be entitled to pension. 

 
 
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