1. The contention of the learned senior counsel for the
petitioner is that under the notification dated 03.07.1976, which
has been relied by the Armed Forces Tribunal (for short ‘the
Tribunal’) to grant relief to the petitioner, the engagement had to
be for 15 years. In such circumstances, if the respondents had
followed their own notification, the petitioner would have served
for 15 years and would have thereby attained the qualifying period
of service to seek benefit of pension. This aspect was considered
by the Tribunal and relief was granted to the petitioner whereas
the High Court took a pedantic view and dismissed the petition on
ground of being belated when entitlement of pension is a continuing
cause of action.