JUDGMENT

The petitioners were working with Defence Security Corps (DSC), after they have been discharged from the Indian Army. Admittedly, respective petitioners did not have the minimum 15 years of service in DSC so as to avail pension under the provisions of the Pension Regulations for the Army, 2008. Some of the petitioners have a case that their prior service in the Army also requires to be reckoned and with that prayer, the petitioners had already approached the Armed Forces Tribunal and since the decision went against them, the petitioners have already filed writ petitions before this Court and those writ petitions are pending consideration before a Division Bench of this Court as specifically averred in paragraph 5 of the writ petition. However, through this writ petition, the petitioners seek to challenge the provisions of the Pension Regulations for the Army, 2008, more particularly Paragraph 47 thereto as unconstitutional. They also seek for a declaration that they are entitled for service pension without insisting for the 15 years of service in DSC with reference to the provisions of the Pension Regulations for the Army, 2008.

2. Heard Sri.B. Harish Kumar, the learned cou