By The Tribunal (Lt Gen Susheel Gupta):
1. The applicant, Smt. Chav Kanwar w/o late Sepoy Kaloo Singh had filed a writ petition in the Rajasthan High Court at Jaipur praying for grant of mustering out pension from the date of release of her husband, i.e., 15.7.1946 to the death of her husband, i.e., 18.5.1994 and ordinary family pension thereafter. The writ petition has been transferred to this Tribunal under Sec.34 of the Armed Forces Tribunals Act, 2007 and admitted as Transferred Application No.29 of 2009.
2. The applicant has averred that her late husband, Sepoy Kaloo Singh was enrolled in Ist Punjab Regiment on 11.12.1939 and was released from the Army consequent upon reduction of the Indian Army on demobilization on 14.7.1946 after having rendered 6 years 7 months exemplary service without being paid any pension or gratuity. Also, that her late husband, as per entries in the Discharge Book was wounded twice, once on 11.2.1944 and second time on 27.11.1945 while on active service but no disability pension was awarded to him. Her late husband had rendered 3 years 9 months and 22 days of service in the field area/Ex-State and as per Government of India Circular dated 30.4.1951, this service is to be counted as double for the purpose of calculating the pensionary benefits. Thus, the total service rendered by the applicants husband would be 10 years 4 months 22 days. Since mustering out pension is applicable to personnel, who were discharged from service due to demobilization with minimum service of 10 years, hence, her husband should have been granted mustering out pension. Since no mustering out pension was granted to late husband of the applicant, she was also not granted any family pension on the death of her husband.
3. The non-applicants, in their reply, while agreeing to the date of enrolment and date of release from service of the applicants late husband, have stated that since all other service records have been destroyed, they are unable to comment on any other issue. Since late husband of the applicant Shri Kaloo Singh did not complete minimum qualifying service of 15 years for grant of service pension, he was not granted pension. The minimum qualifying service for grant of mustering out pension was 10 years and the applicants late husband had only served for 6 years 7 months and hence, was not eligible for grant of mustering out pension either. There is no record regarding any disability to the applicants husband in the Long Roll maintained by the Records and, therefore, there was no question of granting any disability pension to the applicants husband. Since the applicants husband was a non-pensioner and was not in receipt of any type of pension on his death, no family pension was admissible to the applicant. Based on the details provided in the certificate of service provided by the applicants husband, it also indicates that the service abroad in respect of the applicants husband was only for the period from 16.6.1945 till the date of his release i.e. 14.7.1946, which works-out to 1 year 28 days. Even if this service, which he had served, is counted as double, the total service works-out to 7 years 8 months, which is less then the minimum service of 10 years, that is required for the award of mustering out pension. This fact had been conveyed to the applicant by the Records Rajputana Rifles vide letter dated 12.3.1999.
4. We have heard both the learned counsel for the parties and examined the concerned records.
5. Mr. R.S.Bhadauria, learned counsel appearing on behalf of the applicant, has stated that the Discharge Book, which was issued to the applicants late husband, has the following entries regarding his war services :-
(a) Joined 2/1st PR on 13.7.1942
(b) Joined Ist PRC on 28.3.1944
(c) Crossed EF of India on 16.6.1945
(d) Embarked Rangoon on 28.2.1945
(e) Disembarked Singapore (Date not legible)
(f) Embarked Singapore on 1.11.1945.
(g) Date of Enrolment has been indicated as 11.12.1939 and Date of Release as 14.7.1946.
6. Learned counsel for the applicant has averred that the applicants late husband had joined 2/Ist PR on 13.7.1942 in the operational area abroad and continued to serve there till his release on 14.7.1946. Thus counting the service between 13.7.1942 to 14.7.1946 i.e. 3 years 9 months and 20 days as double service, the applicants late husband had put in total service of 10 years 4 months and 22 days. Thus, he was entitled to mustering out pension as laid out in the Government of India, Ministry of Defence letter No.F.142/50/4109/D(GS) dated 30.4.1951.
7. Col Veerendra Mohan, Officer-in-charge(Legal) on behalf of the non-applicants has stated that the letter dated 30.4.1951 states that the services are to be counted double only for the purpose of pension/gratuity admissible under the State Rules. The concession of counting double service rendered abroad has not been extended to mustering out pension. Thus, the services rendered abroad by the applicants husband cannot be counted double for the purpose of grant of mustering out pension. None-the-less, even if it is conceded that the services rendered abroad have to be counted as double, the service abroad works out to be only for the period from 16.6.1945 to 14.7.1946 i.e. 1 years and 1 month. Thus, the total service, even if the abroad service is counted as double comes to 7 years and 8 months, which is well below the prescribed service for grant of mustering out pension. For ready reference, the relevant extract of the letter dated 30.4.1951 is reproduced below:-
âI am directed to state that it has been brought to the notice of this Ministry that in some States service Ex-state in a field service area counts as double for the purpose of qualifying service for pension under the State Rules and it has been represented that this concession should also be allowed in calculating the mustering out concessions of the personnel of the State Forces, who have been or are being discharged on the grounds of reorganization of the State Forces consequent on Federal Financial Integration. The President is pleased to decide as follows:-
(a) Officers. xxx xxx xxx xxx xxx
(b) JCOs and Ors- In view of the liberalization of mustering out concessions as granted in this Ministrys letter No.142/50/1458/S/D(GS) dated 21 April 1951, the concession of double service cannot be extended to these personnel in addition. Where, however, an individual elects the option to receive mustering out concessions under the normal SF Rule, he will be entitled to count his services rendered Ex- State in a field service area as double for purposes of pension/gratuity if admissible under the State Rules.â
8. It is clear from the aforesaid letter that mustering out pension was a concession given to the people, who were released from service prematurely due to reduction of strength of the force and under such circumstances, the services rendered for the purpose of mustering out pension had been reduced to 10 years. However, the concession of counting the services rendered abroad as double was applicable only for grant of pension/gratuity if the same was admissible under the State Rules. Thus, from this letter, it is clear that minimum physical service, which was required to have been rendered for the purpose of grant of any pension was ten years. No pension could be granted, in case, the individual did not put in ten years of service.
9. In the instant case, the applicants husband was enrolled in the Army on 11.12.1939 and was released from service on 14.7.1946 and thus, he put in 6 years and 7 months service, which was well below the minimum 10 years service for grant of mustering out pension.
10. Consequently, the Transferred Application fails and it is hereby dismissed with no order as to costs.