Raj Kumar vs Union of India on 15 October 2026

ORDER

The case of the applicant is that he was re-enrolled in the DSC in second term w.e.f. 03.09.2011 and was discharged from second spell of DSC service on 31.08.2025 under Army Rule 13 (3) III (i) on superannuation after rendering 13 years, 11 months and 28 days in second spell of service and there is a shortfall of 01 year and 02 days. The same was admitted by the respondents.

2. Learned counsel for the parties are ad idem that this case is squarely covered by judgment dated 24.03.2026 passed 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 wherein short fall upto the period of one year and six months has been condoned. In the instant case, there is a short fall of 01 year and 02 days, therefore, it can be condoned and the applicant is entitled for grant of service pension for second spell of service in Defence Security Corps.

OA 393 of 2026

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3. Accordingly, the Original Application is allowed and the respondents are directed to grant the service pension for second spell of service in the DSC to the applicant by condoning the shortfall of 01 year and 02 days, within three months from the date of receipt of certified copy of this order by learned counsel for the respondents/OIC, Legal Cell. PPO be also issued to the applicant within three months and arrears be also paid within the said period alongwith interest @ 6 % per annum, failing which they shall become payable with future interest @ 8 % per annum for the delayed period.

4. No order as to costs.

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

Member (J) 15th Oct, 2026 AKS