SC quashes JK HC order on providing pension to soldier

New Delhi, May 15 (UNI) The Supreme Court has allowed a petition filed by the Centre, and quashed a Jammu and Kashmir High Court order directing the government to pay pension to a soldier without completing 15 years of service, mandatory for being entitled to pension.

A bench, comprising Mr Justice Arijit Pasayat and Mr Justice Tarun Chatterjee, in its judgement last week concluded the High Court order was liable to be set aside as Bashir Ahmed had joined as 'sepoy' on January 6, 1969 and was discharged from service on September 6, 1978.

Therefore, the question of the respondent having completed 15 years of service did not arise at all, it added.

The court also noted that the High Court had lost sight of the fact that Bashir had filed a writ petition after over 22 years on February 21, 2000.

According to the Army Instructions dated December 29, 1964-- 10 years service with colours and five years in reserve was a must for entitlement to pension. The instructions were modified on January 14, 1976, changing it to 15 years with colours and two years in reserve.

However in case of the respondent, former instructions were applicable and it was by mistake that the period of service in his discharge certificate was mentioned as 15 years.

UNI AKS/SC HS BD2101