Bhola Singh vs Union Of India & Ors

The appellant is an ex-serviceman having served

Indian Navy from 6.4.1974 to 30.4.1984, for 10 years and

24 days. He was discharged from service on medical ground

on completion of the tenure of service. He was granted

disability pension by the Government. The appellant

claimed for service element of pension over and above the

disability pension.

Mr. Attri, learned senior counsel appearing for

the Union of India has drawn our attention to Regulation

78 of the Navy (Pension) Regulation, 1964, according to

which the minimum service required for service element

pension is 15 years. The learned Single Judge of the

Punjab and Haryana High Court vide his judgment dated

22nd September, 2000, dismissed the writ petition filed

by the appellant on the ground that the appellant was not

entitled to get service pension.

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Aggrieved by the said judgment passed by the

learned Single Judge, the appellant preferred letters

patent appeal before the Division Bench of the Punjab and

Haryana High Court. The Division Bench also observed that

the appellant was granted disability element of pension

and there is no provision made in the statutory rules or

regulations for grant of service element of pension in

the case of discharge, on completion of the initial

tenure of fixed period of 10 years in service, and the

letters patent appeal filed by the appellant was

dismissed.

In view of the clear regulations of the Navy, the

appellant is not entitled to service element of pension

because he has admittedly not put in 15 years of service.

We do not find any infirmity in the impugned

judgments passed by the learned Single Judge which is

affirmed by the Division Bench of the Punjab and Haryana

High Court. No interference is called for. This appeal

being devoid of any merit, is accordingly dismissed

leaving the parties to bear their own costs.

.....................J (DALVEER BHANDARI)

.....................J (Dr. MUKUNDAKAM SHARMA) New Delhi;

August 10, 2010.