Ex Sep Richhpal Singh vs UOI & Others on 28 July 2026

**ORDER**

**28.07.2026**

1. Under Section 14 of the Armed Forces Tribunal Act 2007, the applicant has filed this OA praying for directing the Respondents to grant second service pension to the applicant for his service in DSC (equal to a Sepoy) & Group 15 years' of qualifying service wef 01/6/1998 for life with interest @8% per annum.

2. Vide Reply Statement, the Respondents have submitted that the applicant was enrolled in the Army (Rajput Regiment) on 15/5/1963 and was discharged from service on 30/6/1979 under Rule 13 (3) item III (iv) of Army Rules, 1954. He had rendered 16 years, one month and 17 days of qualifying service and was granted service pension 

for life. Thereafter, the applicant was re-enrolled in DSC on 22/8/1983 and opted not to count his former service towards DSC service. Upon granting extension in service from time to time, he was finally discharged from DSC service on 31/5/1998 under the provisions of Army Rule 13 (3) item III (i) after rendering 14 years, nine months and 10 days of service for which he was granted Service Gratuity and Death-cum-Retirement Gratuity. 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 132 of Pension Regulations for the Army 1961, Part I.

3. 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 8 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.

4. 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.


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

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

Sd/- XXX

(SANJIV MITTAL) MEMBER (A)

Sd/- XXX

(GOVERDHAN BARDHAR) MEMBER (J)


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