Smt Subha Kaur wdo Late Hony Nb Sub Zulfi Ram vs UOI & Others on 22 January 2026

O R D E R

22.01.2026

1. By way of this Application under Section 14 of the Armed Forces Tribunal Act 2007, the Applicant has prayed for directing the Respondents for condonation of deficiency/shortfall of service to make the Applicant’s husband eligible for grant of Service Pension for the service rendered in the Defence Security Corps (DSC), including consequential benefits for lifetime of her husband and thereafter Family Pension to the Applicant along with interest @ 12% per annum. The Applicant has also prayed for directing the Respondents to revise/re-fix the Family Pension, notional and consequential benefits as applicable to Honorary rank of Naib Subedar along with interest on arrears @ 24% per annum.

2. Brief facts of the case as enunciated by the Applicant are that the Applicant’s husband was enrolled in Army on 05.02.1968 and after rendering more than 24 years of Service, he was discharged from Service on 29.02.1992 for which he was granted Service Pension for life wef 01.03.1992. Thereafter, the Applicant’s husband got re-enrolled in DSC on 17.10.1993 and after rendering 13 years, 4 months and 12 days of service, he was discharged from DSC Service on 28.02.2007 on attaining the age of superannuation and was granted Service Gratuity and DCRG, as applicable to him. After death of her husband on 30.10.2010, the Applicant has been granted Family Pension for the Service rendered by her husband in the Army. The Applicant submits that since her husband had rendered around 14 years of service in the DSC, the shortfall of service may be condoned to make her husband eligible for grant of 2nd Service Pension for the service rendered in the DSC and, consequently, Family Pension to the Applicant after death of her husband on 30.10.2010. The Applicant further submits that after retirement from the Army, her husband was granted Honorary rank of Naib Subedar but the Respondents have not revised his pension as applicable to the rank of Honorary Naib Subedar wef 01.01.2006. The Applicant made representations and also issued Legal Notice for condonation of deficiency/shortfall in DSC Service and revision of Service Pension/ Family Pension as applicable to the rank of Honorary Naib Subedar but to no avail. Therefore, the aggrieved Applicant has filed present OA.

3. The Respondents have filed a detailed Reply Statement and while not contesting the basic facts presented by the Applicant, they have submitted that on joining DSC Service, the Applicant’s husband did not opt to count former Service rendered in the Army towards the DSC Service and continued to draw Service Pension. He was well aware about the terms and conditions of his enrolment and ineligibility of Second Service Pension of DSC Service. Since the

Applicant’s husband had rendered only 13 years, 4 months and 12 days of service before being superannuated from DSC Service, he was not eligible for grant of Service Pension in terms of Para 132 of Pension Regulations for the Army, 1962 (Part-1) and Rule 47 of Pension Regulations for the Army, 2008 (Part-1), as the minimum qualifying service for earning Service Pension is 15 years. Since, he was already in receipt of Service Pension for the former service rendered in the Army, his case for condonation of shortfall of service cannot be considered in terms of IHQ of MoD (Army) letter dt 07.12.1962. Further, Govt of India, Ministry of Defence letter dt 23.04.2012 stipulates that “the intension behind grant of condonation of deficiency for grant of Service Pension is that the individual must not be left high and dry but should be eligible for at least one pension and on the principle that no dual benefit shall be allowed on same accord. The ibid policy has again been reiterated by the Govt of India, Ministry of Defence vide letter dt 20.06.2017 which states that “no condonation shall be allowed for grant of second service pension”. The Respondents have further submitted that the case for condonation of deficiency/shortfall in service wherein the individuals have rendered service for more than 13 years and 9 months, is pending adjudication before Hon’ble Supreme Court in the case titled UOI Vs Ex Hav Balakrishan Mullikote in Dy No 27246/2023 and Dy No 27300/2023 in the case of UOI Vs Boja Rajan. In the present case, the Applicant’s husband had rendered only 13 years, 4 months and 12 days of Service, therefore, the deficiency cannot be condoned. In view of the aforesaid averments, the Respondents have reiterated that the OA is devoid of merit and deserves to be dismissed.

4. As regards benefit on account of Hony rank of Nb Sub to the Applicant’s husband, during the course of arguments, Learned Counsel for the Respondents supplied a copy of Sparsh Service Centre, Narnaul (Haryana) letter dt 21.10.2024 and submitted that the Applicant has already been paid the arrears of Service/ Pension as applicable to the rank of Honorary Naib Subedar on 23.07.2020 in terms of PCDA (P) Circular No 631 dt 05.03.2020.

5. We have heard Learned Counsels for both the parties and perused the material placed before us.

6. As regards prayer of the Applicant for grant of Service Pension/ Family Pension as applicable to the rank of Honorary Nb Sub, since the Applicant has already been granted arrears of Service Pension/Family Pension as applicable to the rank of Hony Nb Sub in terms of PCDA (P) Circular No 631 dt 05.03.2020 and the proxy Counsels for the Applicant having raised no objection on the entitlement and grant of Service/ Family Pension of Hony Nb Sub, the issue does not arise. The Counsel(s) for the Applicant should have been more circumspect in raising this matter before this Tribunal as the benefit on this account had already been granted much before the OA was filed in the year 2024.

7. Regarding condonation of shortfall of service for Service Pension for DSC tenure, Regulation 125 of the Pension Regulation for the Army 1961 deals with condonation of service eligibility to service/reservist pension. It reads as under:- “125. Except in the case of:

(a) an individual who is discharged at his own request, or; (b) an individual who is eligible for special pension or gratuity under Regulation 164;

(c) an individual who is invalidate with less than 15 years of service, deficiency in service for eligibility to service pension or reservist pension or gratuity in lieu may be accorded by a competent authority up to 6months in each case.”

8. In terms of Govt of India, Ministry of Defence letter No 4684/Dir (Pen)/2001 dt 14.08.2001, condonation of shortfall in qualifying service for grant of pension in respect of Personnel Below Officers Rank (PBOR) beyond six months and upto 12 months can be granted by the Competent Authority. Further, Hon’ble Supreme Court in the case of UOI & Anr Vs Surender Singh Parmar in Civil Appeal No 9389/2014 decided on 20.01.2015 has held that a fraction of a year equal to three months and above shall be treated as a completed one half year and reckon as Qualifying Service for Pension.

However, the benefits of Second Service Pension for DSC Service will be applicable from the date the Government of India policy came into existence, ie wef 14.08.2001. The issue of condonation of deficiency/shortfall of service for the personnel who have rendered more than 13 years and 9 months of service after rounding off it to 14 years for pensionary benefits for 2nd Service Pension is pending for adjudication before Hon’ble Supreme Court in the case of Ex Hav Balakrishan Mullikote (Supra). In the present case, the Applicant’s husband had rendered only 13 years, 4 months and 12 days of service and, hence, the present case is distinguishable and the facts related to the case of Ex Hav Balakrishan Mullikote (Supra) cannot be applied in this case as in that case the Applicant had rendered more than 13 years and 9 months of service.

9. In the present case, the Applicant’s husband had rendered only 13 years, 4 months and 12 days of service and is not covered by any provisions for condonation of deficiency/shortfall of service making him eligible for grant of Service Pension for 2nd Service in DSC. Therefore, the shortfall of service for more than one year and three months cannot be condoned.

10. Further, the Applicant’s husband made no representation for condonation of shortfall of service during his lifetime which establishes that he was well aware about his non-entitlement for condonation of shortfall of service for grant of Service Pension for the second spell of service in Defence Security Corps. Further, this OA has been filed after an inordinate and inexplicable delay of more than 17 years of discharge and about 14 years after death of her husband. Therefore, this case is squarely covered by the judgment of the Hon’ble Supreme Court in the case of C. Jacob Vs. Director of Geology and Mining & Anr.,(2008) 10 SCC 115, which held that a stale claim cannot be permitted to be reviewed. Persons who slept over his right is not entitled for any indulgence. Hon’ble Allahabad High Court, in the case of Inderpal Singh Vs UOI & Orsin Civil Writ Petition 8524/2000 decided on 04.08.2004, held that the petitioner who himself was not interested in pursuing the matter and kept silent for 11 years, hence, delay cannot be condoned.

11. In fine, we are of the considered view that we find no merit on any count in the plea of the Applicant. The OA is devoid of merit on all counts and, hence, is dismissed. Pending Miscellaneous Application(s), if any, also stand disposed off.

12. No order on costs.

(SANJIV MITTAL)

(GOVERDHAN BARDHAR) MEMBER (A)

MEMBER (J)

Ssy/-