COMMANDER HEAD QUARTER CALCUTTA vs CAP. BIPLABENDRA CHADA

The Supreme Court held that the respondent, a retired Commissioned Officer, was not eligible for pension under the rules in force at the time of his retirement, which allowed only 2/3rd of pre-commissioned service to count towards qualifying service. The Court clarified that the revised rules effective from January 1, 1986, which allowed full pre-commissioned service to count, did not have retrospective effect. The Court distinguished this case from D.S. Nakara v. Union of India, emphasizing that the respondent's ineligibility was based on the rules applicable at his retirement date, thus affirming the High Court's dismissal of the writ appeal.