Armed Forces Tribunal

Prem Chand vs Union of India on 30 October 2026

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ARMED FORCES TRIBUNAL, REGIONAL BENCH CHANDIGARH

AT CHANDIMANDIR

-.-

OA 953 of 2026

Friday, the 30th day of Oct, 2026

CORAM:

HON’BLE MR JUSTICE UMESH CHANDRA SHARMA, MEMBER (J)

HON’BLE AIR MARSHAL MANAVENDRA SINGH, MEMBER (A)

Prem Chand

…… Applicant

(By Deepak Bhatt , Advocate)

Versus

Union of India and others

…… Respondents

(By Jagjot Singh Lalli, DSGI, through VC)

-.-

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ORDER

Air Marshal Manavendra Singh, Member (A)

The case of the applicant is that he was re-enrolled in the DSC in second term w.e.f. 22.11.1994 and was discharged from second spell of DSC service on 31.01.2009 under Army Rule 13 (3) III (i) on superannuation after rendering 14 years and 02 months and 10 days in second spell of service and there is a shortfall of 09 months and 20 days.

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 09 months and 20 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 953 of 2026, Prem Chand v. UOI & Ors.

….2.

3. Mr Jagjot Singh Lalli, Learned Deputy Solicitor General of India appearing on behalf of the respondents submits that he has no objection if the case is disposed subject to verification of the case.

4. Accordingly, the Original Application is allowed, subject to verification of service particulars of the applicant and various other eligibility conditions 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 09 months and 20 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.

(Air Marshal Manavendra Singh)

(Justice Umesh Chandra Sharma) Member (A)

Member (J) 30th Oct, 2026 ‘sp’

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