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TA-04/2011 Page 1 of 3 IN THE ARMED FORCES TRIBUNAL REGIONAL BENCH, GUWAHATI. O.A. NO. 06 OF 2012 P R E S E N T HON’BLE MR. JUSTICE H.N.SARMA,Member (J) HON’BLE CMDE MOHAN PHADKE (Retd),Member (A) No.4343392K Ex Sep Shri Raj Behari Sharma S/O.Late Bhuban Chandra Sharma Resident of Village Amarkhal PO Anipur, PS Karimganj District Karimganj, Assam. ……..Appellant Mrs.R.Dutta Legal Practitioner For Appellant. -Versus- 1.The Union of India, through the Secretary to the Government of India, Ministry of Defence, South Block, New Delhi. 2.The Commandant, Assam Regiment, Pin (Army) 900332 C/O 99 APO. …….. Respondents Mr.N.Deka CGSC Legal Practitioner for Respondents. Date of Hearing : 10-02-2012 Date of Judgment & Order : 10-02-2012 TA-04/2011 Page 2 of 3 JUDGMENT & ORDER ( ORAL) (H.N.Sarma,J) Heard Mrs. R.Dutta, learned counsel for the appellant and Mr.N.Deka, learned counsel appearing for the respondents. 2. The appellant No.4343392K Ex Sep Shri Raj Behari Sharma has approached this Tribunal by filing this appeal seeking a direction to the respondents to grant him service pension. 3. The pleaded case of the appellant is that he joined the Army as Sepoy in the Assam Regiment on 03.01.1968. Thereafter, he was discharging his duties with dedication and satisfaction of the respondent authorities. During the period of his service the appellant participated in the Indo Pak War in 1971 and was awarded Sena Seva Madel (SSM) with clasp (J&K) for his gallantry service. However, due to family problem, the appellant got himself discharged from service on 23.02.1977 under Army Rule 13(3) III (V). Thereafter, the appellant was keeping silent for about 35 years before approaching this Tribunal with the prayer of granting him service pension on compassionate/ humanitarian TA-04/2011 Page 3 of 3 ground. Presently, the appellant is serving as Security Guard in a private firm. 4. From the material available on record, it is clear that the appellant had not completed the minimum qualifying service of 15 years to entitle him to get service pension as per Clause 132 of the Pension Regulations. The appellant was discharged from service on 23.02.1977 as non pensioner. This fact has been clearly demonstrated in the communication dated 4.2.2011 issued by the Record Officer, Assam Regiment to the appellant. The appellant kept quiet for least 35 years to claim his service pension. That apart, the Army Regulation/Rule does not provide for grant of service pension to person who is discharged under Rule 13(3) III (V) of the Army Rules before completing the minimum qualifying service of 15 years. 3. In view of what has been discussed above, we do not find any merit in the appeal. The appeal accordingly stands rejected. MEMEBR(A) MEMBER (J) TA-04/2011 Page 4 of 3 .

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