Ex Naik Hira Ram (Army) vs UOI & Others on 23 April 2026

O R D E R

23.04.2026

1. By way of this Application under Section 14 of the Armed Forces Tribunal Act 2007, the Applicant has prayed for directing the Respondents to grant him Service Element of Pension for 15 years of service after condonation of shortfall in service and Disability Element of Disability Pension after rounding off benefits to 50% or 75% at it was assessed @ 60% by the RMB and thatthe arrears be paid along with interest @ 12% per annum.

2. Brief facts of the case as enunciated by the Applicant are that initially he was discharged from Army Service after rendering more than 21 years of service for which he has been granted Service Pension for life. Thereafter, the Applicant joined DSC Service on 11.02.2004 and opted not to count his former service rendered in Army towards the DSC Service. While in DSC Service, due to stress and strain of military service, the Applicant suffered from Disabilities, viz., (i) “Pulmonary Tuberculosis” and (ii) “PIVD L4-5 (Optd)” and was placed in low medical category and retained in Service. After rendering 14 years and 49 days of Service, he was discharged from DSC Service on 31.03.2018 on attaining the age of superannuation. At the time of discharge from Service, the Applicant was informed that the duly constituted Release Medical Board had assessed his Composite Disability @ 60%, however, the Applicant has not been granted Disability Element @ 60%. The Applicant is entitled for Disability Element of Disability Pension duly rounded off to 75% from the date of his discharge from DSC Service. The Applicant further submits that in terms of Para 125 of Pension Regulations for the Army, 1961 (Part-1), he is entitled for grant of Service Pension after condonation of shortfall of service upto one year. The Applicant made representation and also issued Legal Notice for grant of Service Pension for DSC Service after condonation of shortfall of service upto one year and Disability Element of Disability Pension duly rounded off to 50% or 75%, but to no avail. Therefore, the aggrieved Applicant has filed present OA.

3. The Respondents have filed a detailed reply to the Application. While not contesting the basic facts presented by the Applicant, the Respondents have submitted that since the Applicant is in receipt of Service Pension for the former service rendered in the Army and has not completed minimum qualifying service of 15 years for grant of Service Pension for the service rendered in the DSC, he is not eligible for grant of Service Pension after condonation of shortfall of service in terms of Govt of India, Ministry of Defence letter No 14(2)/2011/D(Pen/Pol) dt 23.04.2012 and even No dt 20.06.2017. As regards rounding off benefits of Disability Element of Disability Pension, the Respondents have submitted that his Composite Disability was assessed @ 40% for life and, accordingly, the Applicant has been granted Disability Element of Disability Pension @ 40% for life duly rounded off to 50% wef 01.04.2018 vide PCDA (P) PPO No 194201900557.In view of the aforesaid averments, the Respondents have reiterated that the OA is devoid of merit and deserves to be dismissed.

4. During the course of arguments, Learned Counsel for the Applicant submitted that as regards grant of Service Pension to the Applicant with condonation of shortfall of service, his case be decided in the light of the principles settled by Hon’ble Supreme Court judgment dt 24.03.2026 in Civil Appeal of 2026 arising out of Diary No 27246/2023 in the case of UOI & Ors Vs

Ex Hav Balakrishnan Mullikote, to which Learned Counsel for the Respondents raised no objection.

5. We have heard Counsels for both the parties and perused the material placed on record.

6. The Respondents in their Reply Statement have mentioned that the Applicant’s Composite Disability was assessed @ 40% for life and, accordingly, the Applicant has been granted Disability Element of Disability Pension @ 40% duly rounded off to 50% for life wef 01.04.2018. The Applicant has not contested the fact presented by the Respondents for grant of Disability Element of Disability Pension along with Rounding Off benefits. Even during the course of arguments, Learned Counsel for the Applicant did not contest the issue for grant of higher rate of Disability Element of Disability Pension than granted to him. It is clear that the Applicant is already in receipt of Disability Element of Disability Pension duly rounded off to 50% for life as per the assessment of duly constituted Release Medical Board held at the time of his discharge from Service. As such, the claim of the Applicant for grant of Disability Element of Disability Pension duly rounded off to 75% is devoid of merit and, hence, is rejected.

7. As regards grant of Second Service Pension for the services rendered in the Defence Security Corps after condonation of shortfall of service upto one years, relevant paragraphs of Hon’ble Supreme Court judgment in the case of Ex Hav Balakrishnan Mullikote (Supra), read as under:- “40. This Court notes that the consistent view of the High Courts [Punjab and Haryana High Court in Union of India v. LNK DSC Mani Ram, LPA No. 755 of 2010, decided on 5 July 2010, Delhi High Court in Ex Sep. Madan Singh v. Union of India, W.P.(C) No.9593 of 2003, decided on 31 August 2006] as well as the Principal Bench of the Armed Forces Tribunal in Smt. Shama Kaur (supra), has been in favour of the Respondents. These judgments have held the field for long and have been accepted and implemented by the Union of India. The relevant portion of the judgment in Smt. Shama Kaur (supra) is reproduced hereinbelow:- “…..there can be no scope of any doubt that DSC personnel are fully entitled to condonation of deficiency of service for their second spell of service at par with other Army personnel. In fact, as discussed in the main body of this judgment, DSC personnel re-enrolling themselves by opting not to count their past military service have no connection at all with their past service as far as pension is concerned and their service in DSC is fresh service delinked from their past service.”

41. Accordingly, this Court holds that the Respondents are entitled tocondonation of shortfall in qualifying service up to one (1) year, inaccordance with Paragraph 125 of the Pension Regulations, 1961 and Paragraph 44 of the Pension Regulations, 2008 after determining the length of qualifying services in accordance with Paragraphs 9 and 18 of the Pension Regulations, of 1961 and 2008respectively, as well as Note 5 appended to the letter dated 30th October 1987.

GOVERNMENT CANNOT AMEND REGULATIONS BY WAY OF LETTERS

42. This Court is of the considered opinion that once the Pension Regulationsspecifically provide for condonation of shortfall in minimum DSC service, it is notopen to the Government of India, Ministry of Defence, Department ofEx-Servicemen Welfare (MoD/DESW), to stipulate an exception by way ofexecutive letters. While the Government may issue beneficial circulars/letters orclarifications where ambiguity exists, it cannot, by administrative fiat, amend oroverride clear and categorical provisions of the Regulations. As long as the Regulation remains valid and on the ‘statute-book’, it cannot be deemed to have been amended by letters such as those dated 20th June 2017 and 22nd March 2022.”

8. In the present case, it is not in dispute that the Applicant was discharged from DSC Service on 31.03.2018 after rendering 14 years and 49 days of qualifying service. The Respondents are directed to decide the case of the Applicant for grant of Service Pension for his 2nd service in DSC by condoning the shortfall of service in terms of decision of the Hon’ble Apex Court in the matter of Ex Hav Balakrishnan Mullikote (Supra)within a period of six months from the date of receipt of a certified copy of this Order, failing which the Applicant shall be entitled to interest @6% per annum on the amount of arrears, if any, till the date of actual payment. Service Gratuity and other benefits already granted to the Applicant on cessation of DSC Service shall be adjusted in the arrears.

9. The OA is disposed off accordingly. Pending Miscellaneous Application(s), if any, also stand disposed off.

10. No order on costs.

(SANJIV MITTAL)

(GOVERDHAN BARDHAR) MEMBER (A)

MEMBER (J)

Ssy/-