Ex NK Abhay Singh (Army) vs UOI & Others on 24 July 2026

1. 1. **UOI, through the Secretary, Ministry of Defence, Govt of India, South Block, New Delhi – 110 011**

2. 2. **The PCDA (P), Prayagraj, UP – 211 014**

3. 3. **The OIC Records, DSC Records, PIN 901 277, c/o 56 APO**

**.... Respondents**

**For Applicant : None** **For Respondents : Mr. Sandeep Garssa, Advocate**

**CORAM:**

**HON'BLE MR. JUSTICE GOVERDHAN BARDHAR, MEMBER (J)** **HON'BLE MR. SANJIV MITTAL, MEMBER (A)**

**O'RDER** **24.07.2026**

1. In the absence of a designated counsel for the applicant, it was deemed appropriate to issue Notice to the applicant for his personal appearance or through a designated Counsel on his behalf to pursue this matter. However, despite Notice dated 06/3/2026 in pursuance of Order dated 05/3/2026, having been served upon the applicant, none appears on behalf of the Applicant today. Notwithstanding this and in the interest of justice and since the OA has been filed way back in 2019, we deem it appropriate not to prolong the issue anymore and dispose off the OA on merit as well as based on the Reply Statement filed by the Respondents.

2. 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 of service 14 months and two days, wef 01/4/2019 for life. Alternatively, he has also prayed that his 

qualifying service be rounded off to 15 years' as per Pension Regulations for the Army 1961, Part I as also the arrears be paid with interest @12%.

3. Vide Reply Statement, the Respondents have submitted that the applicant was enrolled in the Army (Rajputana Rifles) on 29/8/1979 and was discharged from service on 31/8/2003 under Rule 13 (3) item III (i) of Army Rules, 1954. He had rendered 24 years and three days of qualifying service and was granted service pension for life. Thereafter, the applicant was re-enrolled in DSC on 03/6/2005 and opted not to count his former service towards DSC service. Upon extension in service from time to time, he was finally discharged from DSC service on 31/3/2019 under the provisions of Army Rule 13 (3) item III (i) after rendering 13 years and 302 days of service for which he was granted Service Gratuity and Death-cum-Retirement Gratuity to the tune of Rs 6,03,680/- and Rs 86,240/- respectively. Since he had not rendered mandatory minimum qualifying service of 15 years in DSC, he was not granted service pension for the service rendered in DSC, in terms of Rule 47 of Pension Regulations for the Army 2008, Part I.

4. On perusal of record it reflects that the issue involved in this matter with regard to grant of second service pension to personnel who have been discharged from DSC service before completion of their mandatory 15 years qualifying service and in whose cases the pension was not granted due to shortfall in qualifying service is no longer res integra as the issue has already been settled by the Hon'ble Apex Court vide Judgment dated 24/3/2026 in the case of Union of India through &Ors Vs Balakrishnan Mullikote in Civil Appeal of 2026 (arising out of Diary No 27246/2023 alongwith other Civil Appeals). Counsel for the Respondents has not raised any objection in disposing off the OA in terms of the judgment passed by the Hon'ble Apex Court but stated that the facts stated in the OA would be verified while considering the prayer of the applicant. Therefore, Respondents may consider the prayer of the applicant in the light of the aforesaid Judgment of the Hon'ble Apex.

5. In view of the foregoing and subject to due verification, we deem it appropriate to 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, if it is decided that he is to be granted Second Pension for DSC service.

- 6. The OA is disposed off accordingly. No order on costs.

- 7. Pending application, if any, also stands disposed off.

The image shows two rectangular boxes containing handwritten signatures. The left box contains the signature 'Sd/- XXX' and the right box contains the signature 'Sd/- XXX'. Above the boxes is the Indian National Emblem, featuring the Lion Capital of Ashoka.

**(SANJIV MITTAL)** **MEMBER (A)**

**(GOVERDHAN BARDHAR)** **MEMBER (J)**

cda/-

The image shows the official seal of the Armed Forces Tribunal. The seal is circular with the text 'ARMED FORCES TRIBUNAL' around the bottom and 'भारत' (India) at the top. Inside the seal is a central emblem featuring a scale of justice, a sword, and a bird. Below the seal is a banner with the Sanskrit motto 'यतो न्यायः ततो जयः' (Yato Nyaay: Tato Jay:).