IN THE SUPREME COURT OF INDIA

CIVIL  APPELLATE JURISDICTION  

CIVIL APPEAL NO. 4486   OF  2002

BHOLA SINGH                               Appellant(s)

                    :VERSUS:

UNION OF INDIA AND ORS.                   Respondent(s)

O R D E R

We have heard the learned counsel for the parties.

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.