AI Structured Summary
Not yet generated for this judgment
Judgment
1.Heard Mr. AR Tahbildar, learned counsel for the petitioner and Ms. S. Terangpi, learned CGC appearing on behalf of the respondents.
This is an application under Article 226 of the Constitution of India filed by the petitioner praying for issuance of an appropriate Writ or direction or
any other appropriate order(s) directing the respondents to pay his pensionary benefits as per Rule 49 (2) (b) of the Central CCS (Pension) Rules,
1972.
The case of the petitioner as submitted by the learned counsel is that he joined Assam Rifles as Rifleman on 30.12.1959 and served as such till he
was discharged on medical ground on 07.05.1970. However, he has not been given pensionary benefits as per his entitlement under Rule 49(2)(b) of
the Central CCS (Pension) Rules, 1972.
In support of his claim, the petitioner has submitted a copy of the letter dated 16th December, 1999 of the Commandant, 21C, 16th Assam Rifles,
C/O 99 APO bearing No. Fin/8034/NE/99/1943 addressed to the Director General, Assam Rifles (NE Branch), Shillong wherein the Regiment No. of
the petitioner was given as -160545 and his date of enrolment was mentioned as - 30.12.1959 and date of discharge from service on invalid pension as
- 07.05.1970 vide Unit DO II No.17/02/70 dated 26th April, 1970.
Petitioner also submitted an extract copy of the record maintained by 16th Assam Rifles, Part-II Order Sl. No.17 dated 26th April, 1970 and Last
Part-II, Sl. No.16 dated 10th April, 1970, wherein it is recorded as follows: “Invalided out from service by Unit RMO on 9.4.70 kept on light duty
w.e.f. 9.4.70 to 6.5.70 and will be discharged from service on invalid pension w.e.f. 7.5.70 & SOS/SORS w.e.f. same date.â€
Further, petitioner also submitted a copy of the letter No.160545/NBC/Pen/2011/221 dated 28.09.2011 forwarding the letter No.
160545/RK/Fin/Pen/2011/206 dated 22.09.2011 of the Commandant, 16th Assam Rifles i.e. the Battalion to which the petitioner belongs to before he
was discharged, addressed to the Directorate General, Assam Rifles (NE Branch), Shillong, requesting for taking up necessary action for payment of
pensionary benefits to the petitioner.
The respondent authorities filed an affidavit-in-opposition and opposed the petition on the ground that the petitioner did not complete 10 years
service before he was discharged on medical ground and therefore, he is not entitled to pensionary benefits under the Rules.
The fact that the petitioner was appointed or recorded as Rifleman on 30.12.1959 is supported by the documents submitted by him, whereas there is
no document to support the claim of the respondents that the petitioner was appointed for one year in Boy Coy and thereafter only he was appointed
as full-fledged Rifleman. The letter of the Commandant of the Battalion, where the petitioner served for 10 years and 4 months, has testified that the
petitioner indeed served for the period as claimed by him in Assam Rifles. There cannot be a better testimony than the one given by the Commandant
of the Battalion himself. Therefore, I have no hesitation in holding that the petitioner indeed served 10 years and 4 months as Rifleman in Assam
Rifles before he was discharged from service on medical ground. As such, the petitioner is entitled to pensionary benefits as per the provisions of Rule
49 (2) (b) of the Central CCS (Pension) Rules, 1972.
A man having served the nation for such a long period of time should not have been deprived of his pensionary benefits for so long. Many times
than not the contribution of such persons are either ignored or neglected. We live in a welfare state where the State owes a duty to see that no citizen
is neglected or ignored in regard to his legitimate entitlements. Therefore, it is the bounden duty of the respondents to grant pensionary benefits to the
petitioner at the earliest.
In view of above, the respondents are directed to pay all the pensionary benefits to the petitioner along with the arrears to which he is rightfully
entitled to. The whole exercise shall be completed within a period of 6 (six) months from the date of receipt of certified copy of this order.
It is fairly submitted by the learned counsel for the petitioner that since there has been delay in filing the petition, the petitioner is entitled to the
benefits as indicated above with effect from 3 (three) years prior to the filing of the petition i.e. 20.02.2013. Considering his submission, the petitioner
should be paid arrear of his pension with effect from 3 (three) years prior to the filing of this writ petition i.e. 20.02.2013.
With the above observations and directions, this writ petition stands disposed of.
Let a copy of this order be furnished to the learned CGC appearing for the respondent authorities for early communication to the respondents and
for compliance within the stipulated time.