Armed Forces Tribunal
Ex Sep Mohinder Singh vs UOI & Others on 8 May 2026
**ARMED FORCES TRIBUNAL, REGIONAL BENCH, JAIPUR**
7.
**OA 107/2026 with MA 160/2026**
**Army No 14814723X Ex Sep Mohinder Singh, S/o Shri Puran Singh, Resident of Village Barbatpura, Post Tali, Tehsil Karoli, District Karoli, Rajasthan – 322 252**
.... Applicant
**Versus**
1. 1. UOI, through the Secretary to the Govt of India, Ministry of Defence, Department of Ex-Servicemen Welfare, South Block, New Delhi
2. 2. PCDA (P), Draupadi Ghat, Prayagraj, UP
3. 3. The OIC Records, ASC Records (South) PIN 900 493, c/o 56 APO
.... Respondents
**For Applicant : Mr. Yogendra Singh, Sunil Kumar, Advocate**
**For Respondents : Mr. Anil Bhardwaj, Advocate**
**CORAM:**
**HON'BLE MR. JUSTICE GOVERDHAN BARDHAR, MEMBER (J)**
**HON'BLE MR. SANJIV MITTAL, MEMBER (A)**
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**ORDER**
**08.05.2026**
**MA No 160/2026**
1. 1. The applicant has filed this MA praying for condonation of delay of 13 years, four months and four days involved in filing the OA. The same will be considered alongwith the main OA.
**OA No 107/2026**
1. 2. Under Section 14 of the Armed Forces Tribunal Act, 2007, the applicant has filed this OA praying for directing the Respondents to decide the case of the applicant in light of the Judgment cited at Annexured A/1 and to decide the case of the Applicant as per existing rules and regulations for army and grant.
service pension to the applicant. He has also prayed for grant of arrears of pension with 12% interest per annum.
3. Brief facts of the case as enunciated by the applicant are that the applicant was enrolled in the Army on 28/12/1995 and was discharged from service on 31/12/2012 under Rule 13 (3) item III (i) on superannuation as reflected in his certificate of service. He had rendered 17 years and four days of service. While in service, the applicant was awarded rigorous imprisonment in military custody for varying periods as many as on six occasions due to his overstayal of leave under Section 39 of the Army Act. Due to his overstayal of leave, the applicant had earned a total of 1174 days of Non Qualifying service and, therefore, the applicant was not granted service pension due to shortfall in his qualifying service.
4. During the course of hearing, counsels for both the parties have conceded in disposing off this OA at the admission stage itself. As has been prayed in the OA, the Counsel for the Applicant has pleaded for disposing off the OA in the light of the Judgment passed by the Hon'ble Apex Court in the case of UOI and Ors Vs Ex Havildar Balakrishnan Mullikote in Civil Appeal of 2026, arising out of Diary Nos 27246/2023, with other Civil Appeals, decided on 24/3/2026.
5. Contrary to the plea of the counsel for the applicant during the course of hearing as well as the Order of the Hon'ble Apex Court cited in the OA, it is observed that the Judgment relied upon in support of the claim of the applicant is quite distinguishable and cannot be made applicable in this case. The ibid Judgment pertains to grant of service pension by condoning the shortfall of qualifying service of personnel who are discharged from second spell of DSC service before completion of 15 years of mandatory service to earn second service pension and does not in any way deals with the condonation of shortfall occurred/occurring in the first spell of service in Indian Army due to non-qualifying service on account of Overstayal of Leave/Absent without Leave of the applicant in the instant case.
6. However, taking into consideration the prayer of the counsel for the applicant, we deem it appropriate that in case the applicant files a fresh representation with regard to his prayer made in the OA to the Competent Authority within a period of one month from the date of receipt of a copy of this Order, the Competent Authority shall take a decision on the merits of the case in accordance with relevant rules/policy on the subject within a period of six months from the date of receipt of such a representation from the applicant. The outcome thereof shall be intimated to the applicant.
7. The OA is disposed off accordingly. No order on costs.
8. Pending application, if any, also stands disposed off.
Sd/- XXX
Sd/- XXX
(SANJIV MITTAL) MEMBER (A)
(GOVERDHAN BARDHAR) MEMBER (J)
cda/-
