Ex Hav Mathu Ram (Army) vs UOI & Others on 17 August 2026

O R D E R

17.08.2026

1. Under Section 14 of the Armed Forces Tribunal Act 2007, the applicant has filed this OA praying for directing the Respondents to grant service pension to the applicant for his service in DSC after condonation of shortfall in service of approximately six months and 16 days, wef 01/8/2002 onwards by quashing and setting aside the Impugned order dated 10/1/2016 issued by the DSC Records. He has also prayed for grant of second service pension with 12% interest.

2. Vide Reply Statement, the Respondents have submitted that the applicant was enrolled in the Army on 06/7/1963 and was discharged from service on 31/7/1987 after rendering 24 years and 26 days of qualifying service and was granted service pension for life. Thereafter, the applicant was re- enrolled in DSC on 13/2/1988 and was discharged from there on 31/7/2002. He had rendered

14 year and 169 days of qualifying service for which he was paid service gratuity and retirement gratuity to the tune of Rs 83,071/- and 11,458/- respectively. In terms of Para 132 of Pension Regulations for the Army 1961, Part I, the applicant is not eligible for grant of service pension as he had not completed mandatory 15 years service in DSC.

3. Today when the case was called, none was present on behalf of the applicant. However, with the assistance of counsel for the Respondents, we deem it appropriate to dispose off this OA as on perusal of the record available in case file, it is clear that it is a case of grant of second service pension by condoning the shortfall in qualifying service to the applicant. This issue is no longer res integra in the light of Judgment dated 24/3/2026 passed by the Hon’ble Apex Court in the case of UOI &Ors Vs Balakrishnan Mullikote in Civil Appeal No of 2026 (arising out of Dairy No 27246/2023, alongwith others Civil Appeals. Counsel for the Respondents was in agreement with this view.

4. In view of the foregoing and subject to due verification, we remit the case back to the Respondents to consider the prayer of the applicant herein in terms of ibid judgment within a period of six months from the date of receipt of a copy of this Order, failing which, the applicant shall be entitled to receive interest @6% per annum on the amount of arrears till the date of its actual payment. The Service Gratuity and DCRG, etc, already paid to the Applicant upon his discharge from DSC shall be suitably adjusted in the arrears to be released for second pension for DSC tenure, as per rules/regulations on the subject.

5. The OA is disposed off accordingly. No order on costs.

6. Pending application, if any, also stands disposed off.

(SANJIV MITTAL)

(GOVERDHAN BARDHAR) MEMBER (A)

MEMBER (J)

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