Ex Nk Ram Swarup (Army) vs UOI & Others on 21 December 2022

**ORDER**

**21.12.2022**

1. 1. In this Application, the Applicant has prayed for grant of Second Service Pension for the Service rendered in Defence Service Corps (DSC) by Condoning the Deficiency in Qualifying Service. The Applicant submits that initially he rendered service in Army for which he has been granted Service Pension. Thereafter, he re-enrolled in the DSC and after rendering 14 years, 5 months and 5 days of Qualifying Service in DSC, he was Discharged from DSC Service on 31.08.2022. As there was a shortfall of 6 months and 25 days of Qualifying Service of 15 years for Service Pension, he was not granted Second Service Pension. Therefore, the Applicant has prayed for condonation of shortfall of 6 months and 25 days of service to make him eligible for Second Service Pension.

2. 2. **Annexure A/2 (Page No 22)**, placed on record by the Applicant confirms that the Applicant had rendered 14 years, 5 months and 5 days Service in DSC and there is a shortfall of 6 months and 25 days against the mandatory 15 years of Qualifying Service, which made him ineligible for the Second Service Pension for the Service rendered in DSC.

3. 3. Heard both the parties and perused the documents placed on record.

4. 4. A detailed justification in this case is not required as the question involved is no longer res integra, and the same stands settled by 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*** and the Division Bench of Hon'ble Bombay High Court in the case of **Gurmukh Singh Vs UOI in WP No 430/2005 decided on 22.11.2006**. The Hon'ble Supreme Court in the case of **Surender Singh Parmar (Supra)** 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 of the Government of India policy came into existence, ie wef 14.08.2001. Hon'ble Bombay High Court in the case of **Gurmukh Singh (Supra)** held that the said benefits will also be applicable to the personnel who are discharged from service at their own request. Moreover, a case of similar nature has also been decided by this Tribunal in the case of **Ex Nk Amar Singh Vs UOI & Ors** in OA No 17/2022 decided on 22.03.2022.

5. Taking into account the aforesaid factual and legal aspects, we are of the considered view that the Applicant is eligible for condonation of shortfall of service upto one year to complete 15 years of Qualifying Service for Pension in DSC thereby entitling him for Second Service Pension.

6. In-fine, the Deficiency in Qualifying Service for DSC Service upto one year is condoned. Subject to verification, the Respondents are directed to issue Corrigendum PPO to the Applicant granting Second Service Pension for the service rendered in DSC from the date of discharge. The arrears shall be paid within four months from the date of receipt of a certified copy of this Order, failing which the arrears will carry interest @ 8% per annum till payment.

7. This Application is disposed off, accordingly.

8. No order on costs.

Sd/- x x x

(SANJIV MITTAL) MEMBER (A)

ssy/

Sd/- x x x

(GOVERDHAN BARDHAR) MEMBER (J)