Smt Sugan Kanwar wdo Late Sep Gordhan Singh vs UOI & Others on 21 May 2026

O R D E R

21.05.2026

1. Under Section 14 of the Armed Forces Tribunal Act 2007, the Applicant has filed present OA praying thereinto direct the Respondents to grant Family Pension to the Applicant for the services rendered by her husband in Defence Security Corps (DSC) after condonation of shortfall of serviceand that the arrears be paid along with interest @ 18% per annum.

2. Brief facts of the case as enunciated by the Applicant are that the Applicant’s husband, Late Sep Gordhan Singh joined DSC Service on 20.09.1990 and after rendering 15 years and 10 days of service, he was discharged from DSC Service on 30.09.2005, however, he was not granted Service Pension on the grounds that he had 37 days of non-qualifying service due to his overstayal on leave from 18.09.2001 to 24.10.2001. After deduction of 37 days of non- qualifying service, his qualifying service came to 14 years and 339 days of service only, ie., below minimum qualifying pensionable service of 15 years in terms of Para 132 of Pension Regulations for the Army, 1961 (Part-1). The

Applicant has placed reliance on the Larger Bench of Hon’ble Armed Forces Tribunal, Principal Bench, New Delhi judgment dt 01.10.2019 in OA No 1238/2016 in the case of Shama Kaur Vs UOI & Ors and submitted that her husband was eligible for grant of Service Pension after condonation of shortfall of service upto one year and after death of her husband on 10.07.2022, the Applicant is eligible for grant of Family Pension wef 11.07.2022. The Applicant issued Legal Notice dt 01.02.2024 to the Respondents for grant of arrears of Service Pension for lifetime of her husband from 01.10.2005 to 10.07.2022 after condonation of shortfall of service and, thereafter, Family Pension to the Applicant for life wef 11.07.2022, but to no avail. Therefore, the aggrieved Applicant has filed present OA.

3. The Respondents have filed a detailed reply to the Application and have submitted that the Applicant’s husband was in receipt of Service Pension for life the former service rendered in the Army. While in DSC Service, he had 37 days of non-qualifying service due to his overstayal on leave and after deduction of non qualifying service, his qualifying service for grant of pension and gratuity was counted to 14 years, 11 months and 4 days. Since the Applicant’s husband was in receipt of Service Pension for the former service rendered in the Army and has not completed minimum qualifying service of 15 years for grant of Service Pension for the service rendered in the DSC, he was not eligible for grant of Service Pension after condonation of shortfall of service in terms of Govt of India, Ministry of Defence letter No 14(2)/2011/D(Pen/Pol) dt 23.04.2012 and even No dt 20.06.2017 and, consequently, the Applicant is not eligible for grant of Family Pension after death of her husband. However, after death of her husband on 10.07.2022, the Applicant has been granted Family Pension for life for the former service rendered by her husband in the Army.In view of the aforesaid averments, the Respondents have reiterated that the OA is devoid of merit and deserves to be dismissed.

4. We have heard Counsels for both the parties and perused the material placed on record.

5. It is not in dispute that after death of her husband on 10.07.2022, the Applicant is in receipt of Family Pension for life wef 11.07.2022 for the former service rendered by her husband in the Army. As regards condonation of shortfall of second service in the DSC, the issue is no longer res integra with the passing of judgment dt 24.03.2026 in Civil Appeal of 2026 arising out of Diary No 27246/2023 in the case of UOI & Ors Vs Ex Hav Balakrishnan Mullikote,the relevant paragraphs of which read as under:- “40. This Court notes that the consistent view of the High Courts [Punjab and Haryana High Court in Union of India v. LNK DSC Mani Ram, LPA No. 755 of 2010, decided on 5 July 2010, Delhi High Court in Ex Sep. Madan Singh v. Union of India, W.P.(C) No.9593 of 2003, decided on 31 August 2006] as well as the Principal Bench of the Armed Forces Tribunal in Smt. Shama Kaur (supra), has been in favour of the Respondents. These judgments have held the field for long and have been accepted and implemented by the Union of India. The relevant portion of the judgment in Smt. Shama Kaur (supra) is reproduced hereinbelow:- “…..there can be no scope of any doubt that DSC personnel are fully entitled to condonation of deficiency of service for their second spell of service at par with other Army personnel. In fact, as discussed in the main body of this judgment, DSC personnel re-enrolling themselves by opting not to count their past military service have no connection at all with their past service as far as pension is concerned and their service in DSC is fresh service delinked from their past service.”

41. Accordingly, this Court holds that the Respondents are entitled tocondonation of shortfall in qualifying service up to one (1) year, inaccordance with Paragraph 125 of the Pension Regulations, 1961 and Paragraph 44 of the Pension Regulations, 2008 after determining the length of qualifying services in accordance with Paragraphs 9 and 18 of the Pension Regulations, of 1961 and 2008respectively, as well as Note 5 appended to the letter dated 30th October 1987.

GOVERNMENT CANNOT AMEND REGULATIONS BY WAY OF LETTERS

42. This Court is of the considered opinion that once the Pension Regulationsspecifically provide for condonation of shortfall in minimum DSC service, it is notopen to the Government of India, Ministry of Defence, Department ofEx-Servicemen Welfare (MoD/DESW), to stipulate an exception by way ofexecutive letters. While the Government may issue beneficial circulars/letters orclarifications where ambiguity exists, it cannot, by administrative fiat, amend oroverride clear and categorical provisions of the Regulations. As long as the Regulation remains valid and on the ‘statute-book’, it cannot be deemed to have been amended by letters such as those dated 20th June 2017 and 22nd March 2022.”

6. In the present case, it is not in dispute that the Applicant’s husband was discharged from DSC Service on 30.09.2005 after rendering 14 years and 339 days of qualifying service. The Respondents are, hence, directed to decide the case of the Applicant for grant of arrears of Service Pension for lifetime of her husband for his 2nd service in DSC and thereafter Family Pension to the Applicant from 11.07.2022by considering the condoning of shortfall of service in terms of decision of the Hon’ble Apex Court in the matter of Ex Hav Balakrishnan Mullikote (Supra)within a period of six months from the date of receipt of a certified copy of this Order, failing which the Applicant shall be entitled to interest @6% per annum on the amount of arrears, if any, till the date of actual payment. Service Gratuity and other benefits already granted to the Applicant’s husband on cessation of DSC Service shall be adjusted in the arrears, if the 2nd Service Pension for DSC Service is granted.

7. The OA is disposed off accordingly. Pending Miscellaneous Application(s), if any, also stand disposed off.

8. No order on costs.

(SANJIV MITTAL)

(GOVERDHAN BARDHAR) MEMBER (A)

MEMBER (J)

Ssy/-