MANOJ MISRA, MANMOHAN
Union of India – Appellant
Versus
Balakrishnan Mullikote (EX HAV 256812 M) – Respondent
| Table of Content |
|---|
| 1. preliminary procedural rulings. (Para 1 , 2 , 3) |
| 2. identification of substantial legal questions. (Para 4 , 5 , 6 , 7 , 8 , 9 , 10) |
| 3. arguments by the appellants regarding pension regulations. (Para 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23) |
| 4. responses to prior legal interpretations. (Para 24 , 25 , 26) |
| 5. legal categorization of dsc personnel. (Para 27 , 28 , 29 , 30) |
| 6. provisions for condonation of service shortfalls. (Para 31 , 32 , 33) |
| 7. clarity on existing pension rules. (Para 34 , 35 , 36) |
| 8. consistency in pension eligibility rulings. (Para 37 , 38 , 39) |
| 9. recap of judicial consensus. (Para 40 , 41) |
| 10. final decision and order. (Para 42 , 43 , 44 , 45 , 46 , 47 , 48 , 49 , 50 , 51) |
JUDGMENT :
1. Delay condoned.
3. Applications for intervention / impleadment are allowed.
4. The two substantial questions of law that arise for consideration in this batch of appeals are:
ARGUMENTS ON BEHALF OF THE APPELLANTS
| Sl.No. | Case No | Particulars of the individual | QS for Regular Army/First Service | Date of Re Enrollment in DSC | Date of Discharge from DSC | AQS for 2nd Service Pension | Shortfall for 2nd Service Pension |
| 1 | 2 | 3 | 4 (Y/M / | ||||
Union of India v. Surender Singh Parmar
University of Allahabad vs. Amritchand Tripathi (1986) 4 SCC 176 [Para 29]
Krishna Kumar vs. State of Rajasthan (1991) 4 SCC 258 [Para 29]
Sultana Begum vs. Premchand Jain (1997) 1 SCC 373 [Para 29]
Afjal Imam vs. State of Bihar (2011) 5 SCC 729 [Para 29]
Union of India & Ors. vs. Tarsem Singh
Union of India through its Secretary & Ors. vs. SGT Girish Kumar & Ors.
Defence Security Corps personnel are entitled to condonation of service shortfall for pension eligibility under the same provisions applicable to Regular Army personnel, irrespective of specific inte....
23. Grant of pension, family pension, other retirement benefits and Interest on retirement benefits
23. Grant of pension, family pension, other retirement benefits and Interest on retirement benefits
Regulation 125(a) of the Pension Regulations for the Army allows for the condonation of shortfalls in pensionable service, even in cases of voluntary discharge.
Recognition of continuous service prior to school approval is essential to entitle employees to pension benefits, despite shortfalls in qualifying service.
Change in pension qualification rules may necessitate a reconsideration of prior options under pension law, ensuring fairness and equitable treatment.
Invalid pension eligibility extends to Armed Forces personnel invalided before the relaxation cut-off, upholding fairness under constitutional provisions.
Disability pension claims must be substantiated by evidence proving the disability's connection to military service, as medical board opinions are final unless contradicted.
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