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IN THE HIGH COURT OF KERALA AT ERNAKULAM
N. Nagareesh, Johnson John, JJ
UNION OF INDIA, REPRESENTED BY ITS SECRETARY, MINISTRY OF DEFENCE, SOUTH BLOCK NEW DELHI – Appellant
Versus
EX NK THOMAS VARUGHESE – Respondent
| Table of Content |
|---|
| 1. challenge against condonation of service shortfall for pension. (Para 1 , 2 , 3) |
| 2. argument supporting adherence to government policy on pensions. (Para 4 , 5) |
| 3. court's decision aligns with precedent on pension eligibility conditions. (Para 6 , 7) |
JUDGMENT
The petitioners have filed the writ petition challenging Ext. P1 order dated 26.09.2022 passed by the Armed Forces Tribunal, Regional Bench, Kochi, condoning the shortfall of 1 year, 2 months in completing 15 years of qualifying service for pension in Defence Security Corps (DSC) by the respondent and consequently making him eligible for grant of second service pension.
2. It is submitted that the Tribunal has exceeded its jurisdiction against the policy issued by the Union of India and has failed to appreciate that Union of India, as per its Policy letter No. 14(02)/2011-D (Pen/Pol) dated 20.06.2017, has in clear and categorical terms stated that no condonation shall be allowed for grant of second service pension. The relevant portion of the said letter dated 20.06.2017 is as follows:
“3. It is conveyed that the intention behind condonation of deficiency in service for grant of service pension is that the indivi
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