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Union Of India & Others vs R.P. Yadav on 10 May, 2000
5. Further, in the view we have taken in the judgment in Civil Appeal No. 7805/97 etc. ( Union of India and others vs. P.D. Yadav etc.) and having regard to the fact that Subedar Joginder Singh was dismissed from service on 13.7.1985 as a sequel to General Court Martial for an offence under Section 52(a) of the Army Act for committing theft of property belonging to the Government and that his representation under Regulation 113(a) pleading exceptional circumstances for grant of pension was rejected, we find no merit in this appeal. Hence it is dismissed with no order as to costs.
Section 52 in The Army Act, 1950 [Entire Act]
Union Of India & Ors vs R.K.L.D. Azad on 9 August, 1995
3. This Court in Union of India vs. R.K.L.D. Azad [1995 (5) SLR 225], while agreeing with the law laid down in Major (Retired) Hari Chand Pahwa vs. Union of India , observed that the grant of pension and gratuity to Junior Commissioned Officers, other ranks and non-combatants (enrolled) is regulated by Chapter III of pension regulations. Under Regulation 113 (a), an individual who is dismissed under the provisions of the Army Act is ineligible for pension or gratuity in respect of previous service, however, as an exception, the President may in his discretion grant service pension or gratuity partially or fully. Dealing with the question whether a Junior commissioned Officer of the Indian Army who has to his credit the minimum period of qualifying service required to earn pension or gratuity is eligible for the same in case he is dismissed from service under the provisions of the Act. In para 11 of the Judgment. It is stated thus:-
Section 73 in The Army Act, 1950 [Entire Act]
Section 71 in The Army Act, 1950 [Entire Act]
Maj. (Retd.) Hari Chand Pahwa vs Union Of India (Uoi) And Anr. on 26 July, 1994
3. This Court in Union of India vs. R.K.L.D. Azad [1995 (5) SLR 225], while agreeing with the law laid down in Major (Retired) Hari Chand Pahwa vs. Union of India , observed that the grant of pension and gratuity to Junior Commissioned Officers, other ranks and non-combatants (enrolled) is regulated by Chapter III of pension regulations. Under Regulation 113 (a), an individual who is dismissed under the provisions of the Army Act is ineligible for pension or gratuity in respect of previous service, however, as an exception, the President may in his discretion grant service pension or gratuity partially or fully. Dealing with the question whether a Junior commissioned Officer of the Indian Army who has to his credit the minimum period of qualifying service required to earn pension or gratuity is eligible for the same in case he is dismissed from service under the provisions of the Act. In para 11 of the Judgment. It is stated thus:-
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