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Judgment
J.N. Bhatt, J.—In this petition under Article 227 of the Constitution of India, the petitioner has sought direction against the respondents to fix the pension of the petitioner and pay him arrears up to the date of the order and return the military discharge certificate of the petitioner.
The petitioner was a sepoy in Indian Army. He served at various places and he was compulsorily retired. His grievance was that the pension should have been fixed and given by the respondent authority. A copy of the affidavit in reply is tendered today contending that the original affidavit in reply was filed and the same is not traceable. It is not disputed that the petitioner was granted compulsory retirement, but he had not put in requisite number of years of service so as to become eligible for pensionary benefits. The period of service with the respondent was less than ten years and therefore there is consensus that the petitioner would not be competent and eligible for pensionary benefits.
In this view of the matter, the petition is required to be rejected. Accordingly, it is rejected. Rule discharged with no order as to costs.