Facts of the Case

1. Abhiram Verma, the respondent in this case, was commissioned as a Short

Service Commission Officer in the Indian Army (Armed Medical Corps) on
February 27, 1992, for a period of five years. He sought for Permanent
Commission willingly, and it was granted on January 28, 1998.
2. He resigned on April 15, 2000, citing a lack of promotion opportunities. It's
worth mentioning that his superannuation date is 31.05.2014, at the age of
56.
3. However, his resignation request was turned down by the DG , Medical
Services (Army). Following that, the respondent filed a statutory complaint
with the Under Secretary of the Government of India, which was ultimately
rejected.
4. The respondent filed a writ petition in the Jammu and Kashmir High Court
challenging the impugned decision of the Under Secretary of the
Government of India.
5. The decision of the Under Secretary of the Government of India was
overturned by the High Court, and the Army was instructed to reconsider the
resignation.
6. His resignation was accepted on January 31, 2007, however he was informed
that he was not entitled to any terminal benefits other than leave
encashment.  Moreover, his name was removed from the army medical
corps.
7. He filed a claim for gratuity and pension with the Jammu and Kashmir High
Court, but the matter was transferred to the Armed Forces Tribunal.
8. The Armed Forces Tribunal ordered to process the respondents claim for
terminal benefits taking qualifying service period as 15 years as “late
entrant”(Regulation 15 of Pensions Regulations).