Surjan Singh vs Union of India on 15 October 2026

ORDER

Justice Umesh Chandra Sharma, Member (Judicial)

Learned counsel for the respondents did not appear initially, however, later on she appeared in the case.

The applicant has filed the present Original Application for direction to the respondents for grant of service pension w.e.f. 01.03.1997 for life to the applicant and quashing the impugned letters dated 05.07.2019 & 20.06.2017 [Annexure A-3 (colley)], vide which claim for grant of service pension against service rendered in DSC has been denied by the respondents.

2. Brief facts of the case are that the applicant was initially enrolled in the Indian Army on 15.02.1962 and discharged from there w.e.f. 29.02.1980 in the rank of Sepoy. The applicant is getting service pension for life from the Indian Army. The applicant was re-enrolled in Defence Security Corps on 25.01.1984 and discharged from there w.e.f. 28.02.1997 after rendering 13 years and 35 days qualifying service for which he was paid service gratuity and death-cum-retirement gratuity. However, service pension was rejected on the ground that the service of the applicant was less than 15 years.

OA 3095 of 2019, Surjan Singh vs. UOI & Ors.

……2.

3. The applicant, through his counsel served legal notice dated 21.05.2019 (Annexure A-2) upon respondents for grant of service pension after condoning shortfall of 1 year and 331 days. The Record Office vide their letter dated 05.07.2019, annexing therewith the copy of Government of India, Ministry of Defence, Department of Ex Servicemen Welfare Officer, New Delhi letter No. 1402/2011-D(Pen)/Pol), dated 20.06.2017 replied to the legal notice enumerating therein that the provision of condonation in respect of DSC personnel has no merit. Feeling aggrieved, the applicant has filed the present Original Application.

4. Heard learned counsel for the applicant and perused the record.

5. It has now been settled by the Hon’ble Supreme Court of India in Civil Appeal arising out of Diary No. 27246/2023, Union of India & others Vs. Balakrishnan Mullikote that short fall beyond the period of one year and six months cannot be condoned. In the instant case, there is a short fall of 01 year and 331days, therefore, it cannot be condoned and the applicant is not entitled for grant of service pension for second spell of service in Defence Security Corps.

6. Accordingly, the Original Application is dismissed being devoid of merit.

(Lt. Gen. Ravendra Pal Singh) (Justice Umesh Chandra Sharma) Member (A)

Member (J) 15th Oct, 2026 ‘sp’