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HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU
SANJAY PARIHAR, SANJEEV KUMAR
Union of India – Appellant
Versus
Faqir Chand – Respondent
| Table of Content |
|---|
| 1. determine qualifying service per pension regulations; condone ≤1 year shortfall. (Para 1) |
| 2. dispose petition directing pension compliance with sc judgment within six months. (Para 2 , 3) |
ORDER :
1. The issue raised in this petition is squarely covered by and fully answered by the Honb’le Supreme Court in case titled “ Union of India and others Vs. Balakrishnan Mullikote ”, 2026 SC INSC 286 in Paragraphs 47 & 48 of the judgment (supra). It has been held that the Union of India, through the Ministry of Defence, shall determine the length of qualifying service in accordance with Paragraphs 9 & 18 of the Pension Regulations of 1961 & 2008 respectively, as well as Note 5 appended to the letter dated 30.10.1987 and, if upon determination of length of qualifying service, there remains a shortfall of one year or less, the respondent would be entitled to seek condonation of such deficiency for the purpose of pension eligibility in accordance with Paragraph 125 of the Pension Regulations, 1961, or Paragraph 44 of the Pension Regulations, 2008. The Hon’ble Supreme Court has also taken note of its earlier verdict rendered in case titled “ Union of India Vs. Surender Singh Parm
Qualifying service for pension determined per 1961/2008 Regulations and Note 5 to 1987 letter; shortfall of one year or less condonable per relevant paragraphs.
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.
The court upheld the Tribunal's authority to condone a service shortfall for pension eligibility under prevailing regulations and precedents.
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