Ex Nk Hosiyar Singh vs UOI & Others on 26 May 2026

O R D E R

26.05.2026

MA No 185/2026

1. The applicant has filed this MA on 15/5/2026 praying for early hearing of the OA. However, when the matter was taken up for hearing, counsel for the applicant wasnot present. However, we deem it appropriate to dispose off this OA in accordance with the decision given by the Hon’ble Apex Court in the case of UOI & Ors Vs Balakrishnan Mullikote in Civil Appeal of 2026 (arising out of Diary No 27246/2023 alongwith other Civil Appeals, pronounced on 24/3/2026.

OA No 321/2024

2. Under Section 14 of the Armed Forces TribunalAct 2007, the applicant has filed this OA praying for directing the Respondents to issue Corrigendum PPO granting second service pension to the applicant for the service rendered by him in DSC from the date of his discharge by condoning shortfall of less than one year with interest @6% per annum from the date due till the date of actual payment.

3. Vide Reply Statement, the Respondents have stated that the applicant was enrolled in the Army on 13/9/1985 and was discharged from service on 30/9/2009 under the provisions of Rule 13 (3) item III (i) of Army Rules 1954 after rendering 24 years and 18 days of qualifying service and was granted service pension for life. Thereafter, the applicant was re-enrolled in DSC on 05/1/2010 and did not opt to count his former service towards the DSC service. He was granted extension in service till the age of 57 years and was accordingly discharged from service on 29/2/2024 under the provisions of Rule 13 (3) Item III (i) of Army Rules 1954. He had rendered 14 years, one month and 27 days of service for which he was granted Service Gratuity and Death-cum- Retirement Gratuity to the tune of Rs 8,27,820 and Rs 1,18,260/- respectively. He was not granted service pension for the second DSC service due to shortfall in qualifying service.

4. We have heard the counsels for the parties and perused the material on record.

5. It is apparent from the material on record that the applicant is in receipt of service pension for the qualifying service rendered in the Army. He was not granted service pension for the second service rendered in DSC due to shortfall in service.

6. With regard to grant of second pension by condoning the shortfall in qualifying service to the personel 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.

7. Resultantly, we remit case of the applicant to the Respondents to consider his prayer made in the OA. The Respondents shall take a decision with regard to prayer of the applicant 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 applicant 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 him upon discharge from DSC shall be suitably adjusted in the arrears to be released for second pension for DSC tenure, as per rules/regulations.

8. The OA is disposed off accordingly. No order on costs.

9. Pending applications, if any, also stand disposed off.

(SANJIV MITTAL)

(GOVERDHAN BARDHAR) MEMBER (A)

MEMBER (J)

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