Authority: High Court of Meghalaya at Shillong

Order Date: 29 October 2026

Case Overview

  • Parties: Petitioner L. Pearlson (ex‑Rifleman, 24th Assam Rifles) vs. Union of India, Director General of Assam Rifles, and Commandant 24th Assam Rifles.
  • Service Background: Appointed Rifleman (General Duty) on 03‑01‑1986; awarded Director General Assam Rifles Commendation Card and Governor Gold Medal in 1995.
  • 1999 Incident: Detailed to Intelligence Section; refused to assist interrogation of a Bank of Baroda assistant manager (relative); threatened with action.
  • Discharge: Signature obtained on a pre‑typed paper; discharged on own request on extreme compassionate grounds effective 30‑06‑1999 after 13 years 5 months 27 days of service (discharge certificate Serial No. 0214 dated 25‑05‑1999).
  • Petitioner's Claim: Asserts he never applied for discharge, seeks reinstatement or pension under Central Civil Services (Pension) Rules, 1972.
  • Legal Notices: Pleader’s notice dated 30‑09‑2021 demanding pension; Respondent’s reply dated 05‑11‑2021 cited Rule 26, stating petitioner is ineligible for pension.
  • Statutory Provisions Cited: Rule 26(1) CCS (Pension) Rules 1972 (forfeiture on resignation), Rule 48‑A (20‑year service requirement), Rule 42(2) (benefits after 10 years), Rule 49(2) (applicable only if Rule 26 does not bar).
  • Respondent’s Position: Petitioner voluntarily requested discharge on 23‑12‑1998 due to wife’s illness; acknowledged that discharge would preclude pension; discharge approved via 24 Assam Rifles Part‑II Order No. 24/99 dated 04‑03‑1999.
  • Court’s Findings: Petitioner was aware of discharge in 1999; his 2021 notice is belated (22‑year delay) with no satisfactory explanation; laches justify dismissal.
  • Financial Dues: Affidavit‑in‑opposition shows petitioner is due IRLA amount ₹5,656 and GPF amount ₹53,642; court orders payment within 30 days.

Final Outcome

  • Petition dismissed; petitioner forfeits any claim to pensionary benefits under CCS (Pension) Rules 1972.
  • Respondent authorities directed to pay IRLA ₹5,656 and GPF ₹53,642 to petitioner within 30 days of the order.
  • No costs awarded.

Topics: Pension Eligibility, Military Service Discharge