Armed Forces Tribunal
Ex Sub Laxman Singh vs UOI & Others on 23 April 2026
**ARMED FORCES TRIBUNAL, REGIONAL BENCH, JAIPUR**
**19.**
**OA 17/2019 with MA 19/2019**
**Ex Sub Laxman Singh (JC-842008P)** ..... Applicant
Versus
**UOI & Others** ..... Respondents
For Applicant : Mr. Yogendra Singh, Sunil Kumar, Advocate For Respondents : Mr. Pyare Lal, Advocate **Alongwith**
**21.**
**OA 455/2021**
**Ex Nk Hoshiar Singh (14341276A)** ..... Applicant
Versus
**UOI & Others** ..... Respondents
For Applicant : Mr. Yogendra Singh, Sunil Kumar, Advocate For Respondents : Mr. Pyare Lal, Proxy for Mr. OP Jhajhria, Advocate **Alongwith**
**22.**
**OA 203/2023 with MA 316/2023**
**Ex Hav Sheo Dan (2960672Y)** ..... Applicant
Versus
**UOI & Others** ..... Respondents
For Applicant : Mr. Yogendra Singh, Sunil Kumar, Advocate For Respondents : Mr. Arun Kumar, Advocate **23.**
**OA 343/2023 with MA 539/2023**
**Smt Chhoti, wd/o** ..... Applicant
**Late Sep Naraina Ram (3148305P)**
सत्यमेव जयते
Versus
UOI & Others
.... Respondents
For Applicant : Mr. Tansukh Rai, Advocate For Respondents : Mr. Sudesh Chand Sharma, Advocate **Alongwith**
24.
**OA 353/2023 with MA 553/2023**
**Ex Nk Francis (10436073H)**
Versus
UOI & Others
.... Applicant
.... Respondents
For Applicant : Mr. Yogendra Singh, Sunil Kumar, Advocate For Respondents : Mr. Arun Kumar, Advocate **Alongwith**
27.
**OA 323/2024 with MA 456/2024**
**Ex Nk Daluram (14584046K)**
Versus
UOI & Others
.... Applicant
.... Respondents
For Applicant : Mr. Tansukh Rai, Sumit Khandelwal, Advocate For Respondents : Mr. Sandeep Garssa, Advocate **Alongwith**
**S/1**
**OA No 597/2023**
**Army No 4179796N Ex Sep Dhyani Singh**
...Applicant
Versus
UOI & Ors
...Respondents
For Applicant : Mr Sachin Singh Rathore, Advocate For Respondents : Mr Gajendra Sharma, Advocate 
**CORAM:****HON'BLE MR. JUSTICE GOVERDHAN BARDHAR, MEMBER (J)****HON'BLE MR. SANJIV MITTAL, MEMBER (A)****ORDER**
**23.04.2026**
Citations and Judicial Treatment
Cited by
0
Decisions in the index citing it
Cites
0
Decisions referred to
In this index
0
Of the decisions it cites
Overruled / Questioned
0
No negative treatment found
Loading the citing and cited decisions…
This judgment in the centre: on the left the decisions it cites, on the right the decisions citing it. Colour is the treatment; choose a decision to open it.
1. The Applicants herein have filed these OAs under Section 14 of the Armed Forces Tribunal Act, 2007, praying for directing the Respondents to grant them service pension for the service rendered by them for the second spell of service in DSC by condoning the deficiency/shortfall under Para 125 of Pension Regulations for the Army 1961, Part I.
 The emblem of the Government of India, featuring the Lion Capital of Ashoka, the Ashoka Chakra, and the motto 'Satyameva Jayate' in Devanagari script.
2. The above mentioned OAs have been clubbed together being congruent in nature and the Common Order is passed, after hearing both the sides and after the perusal of material on record. On perusal of above mentioned OAs, it is seen that the above mentioned Applicants have been discharged from DSC service, the details of which are, as follows :- **(a) OA No 17/2019.**
The applicant was enrolled in the Army on 29/9/1976 and was discharged from service on 28/2/1999 after serving for 22 years and five months and was granted service pension for life. Thereafter, he was re-enrolled in DSC on 30/5/2001. He was discharged from there on 30/4/2015. He had rendered 13 years, 11 months and one day service.
 The seal of the Armed Forces Tribunal, featuring a central emblem with a scale of justice and an eagle, surrounded by the text 'भारतीय सशस्त्र बलों के अदालत' (Indian Armed Forces Tribunal) and 'ARMED FORCES TRIBUNAL'. **(b) OA No 455/2021.**
The applicant was enrolled in the Army on 26/10/1979 and was discharged from service on 31/3/2001 on own request after serving for 21 years, five months and six days and was granted service pension for life. Thereafter, he was re-enrolled in DSC on 16/1/2004. He was discharged from there on 31/12/2017. He had rendered 13 years, 11 months and 15 days of service.
 A decorative banner with the Sanskrit motto 'यतो न्यायः ततो जयः' (Yato Nyaay: Tato Jayah), which translates to 'Where there is justice, there is victory'.
(c) **OA No 203/2023.**
The applicant was enrolled in the Army on 22/12/1965 and was discharged from service on 31/12/1989 after serving for 24 years and 10 days and was granted service pension for life. Thereafter, he was re-enrolled in DSC on 14/9/1990. He was discharged from there on 31/12/2004. He had rendered 14 years, three months and 17 days of service.
(d) **OA No 343/2023.**
The husband of the applicant was enrolled in the Army on 07/12/1962 and was discharged from service on 01/7/1979 after serving for 16 years and 25 days and was granted service pension for life. Thereafter, he was re-enrolled in DSC on 16/9/1983. He was discharged from there on 31/12/1997. He had rendered 14 years, 3 months and 15 days of service.
(e) **OA No 353/2023.**
The applicant was enrolled in the Army on 31/8/1981 and was discharged from service on 31/8/2001 after serving for 20 years and was granted service pension for life. Thereafter, he was re-enrolled in DSC on 01/5/2002. He was discharged from there on 30/6/2016. He had rendered 14 years and 61 days of service.
(f) **OA No 323/2024.**
The applicant was enrolled in the Army on 12/7/1985 and was discharged from service on 31/7/2009 and was granted service pension for life. Thereafter, he was re-enrolled in DSC on 02/9/2009. He was discharged from there on 31/8/2023. He had rendered 13 years, 11 months and 30 days of service.
(g) **OA No 597/2023.**
The applicant was enrolled in the Army on 21/12/1984 and was discharged from service on 31/12/2008 and was granted service pension for life. Thereafter, he was re-enrolled in DSC on 22/9/2009. He was discharged from there on 31/7/2023. He had rendered 13 years, 10 months and ten days of service.
3. The Respondents have filed their Reply Statements in all these OAs and have conceded the statements of the Applicants herein. They have also stated that all these applicants upon their re-enrolment in DSC service had opted not to count their former service with DSC service and, therefore, continue to draw their service pension granted to them for the first spell of service.
 The image shows the national emblem of India, featuring the Lion Capital of Ashoka at the top, with the motto 'Satyameva Jayate' inscribed on a banner below it.
4. We have heard the counsels for the parties and perused the material on record.
5. With regard to grant of second pension by condoning the shortfall in qualifying service to the applicants who were discharged from service before completion of 15 years of qualifying service in DSC is no longer *res integra* in the light of the Judgment dated 24/3/2026 in the case of UOI & Ors Vs Balakrishnan Mullikote, Civil Appeal No of 2026 (arising out of Diary Nos 27246/2023) alongwith other Civil Appeals.
6. Resultantly, we deem it appropriate to remit cases of these applicants back to the Respondents to take necessary steps with regard to their prayers made in the OAs. The Respondents shall take a decision with regard to prayers of these applicants for condonation of shortfall in service for second Service Pension in terms of Judgment passed by the Hon'ble Apex Court (supra) within a period of six months from the date of receipt of a copy of this Order, if found eligible in terms of ibid Judgment, failing which, the applicants shall be entitled to receive interest @6% per annum on the amount of arrears, if any, till the date of its actual payment. The Service Gratuity and DCRG, etc, already paid to them upon discharge from DSC shall be suitably adjusted in the arrears to be released for second pension for DSC tenure, as per rules/regulations. As regards arrears, if it is decided to grant them Second Pension for their DSC tenure, the Respondents shall take appropriate decision in the matter.
- 7. The OAs are disposed off accordingly. No order on costs.
- 8. Pending applications, if any, also stand disposed off.
Sd 1-XXX
(SANJIV MITTAL) MEMBER (A)
cda/-
The emblem of the Government of India, featuring the Lion Capital of Ashoka, with the motto 'Satyameva Jayate' inscribed below it.
Sd 1-XXX
(GOVERDHAN BARDHAR) MEMBER (J)
The seal of the Armed Forces Tribunal. It is a circular emblem with the text 'भारत बल अधिकृत' (Bharat Bal Adhikrit) in Devanagari script at the top and 'ARMED FORCES TRIBUNAL' in English at the bottom. In the center, there is a scale of justice above a stylized eagle with spread wings, which is perched on a crossed anchor.A decorative banner with the Sanskrit motto 'यतो न्यायः ततो जयः' (Yato Nyaay: Tato Jay:) written in Devanagari script.