IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Reserved on: 25.11.2024 Pronounced on: 13.01.2025 UNION OF INDIA THROUGH SECRETARY TO GOVT. OF INDIA, MINISTRY OF DEFENCE, SOUTH BLOCK NEW DELHI .....PETITIONER VERSUS NO. 19086249K EX NK VIJAY KUMAR AND ANOTHER .....RESPONDENTS CORAM: HON'BLE MR. JUSTICE SURESHWAR THAKUR HON'BLE MRS. JUSTICE SUDEEPTI SHARMA Argued by: Mr. Charanjit Singh Bakhshi, Advocate for the petitioner/UOI.

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SURESHWAR THAKUR , J .

1. Through the instant writ petition, the petitioners herein- Union of India, prays for the setting aside of the order dated 05.04.2023 (Annexure P-1), as passed by the learned Armed Forces Tribunal concerned, wherebys the claim of respondent No.1 for the grant of service element of the disability pension for the service rendered by him in Defence Security Corps (DSC) has been allowed, by condoning the shortfall of 10 months and 18 days from the requisite 15 years of qualifying service for earning service pension in the DSC.

Factual Background

2. Respondent No.1 was enrolled in the Indian Army on 24.12.1984 and was discharged therefrom on 31.12.2006. Respondent No.1 was granted retiring pension, as admissible to him as per the Pension Regulations. Thereafter, respondent No.1 was re-enrolled into Defence Security Corps (DSC service) on 20.12.2007. According to the prevalent policy, upon attaining the age of superannuation, respondent No.1 was discharged from service in the DSC on 31.01.2022 after rendering a service of 14 years, 01 month and 12 days, which was short by 10 months and 18 days, so as to make the soldier enabled to complete the qualifying term of 15 years, for the purpose of grant of service pension, thus for the second service rendered by him in the DSC.

3. Respondent No.1 was denied service pension by the competent authority for his not completing the requisite qualifying period for earning service pension in the DSC.

4. Feeling aggrieved, respondent No.1 filed O.A., before the learned Armed Forces Tribunal concerned, wherebys he cast a challenge to the afore said rejection order. The said O.A., became allowed vide order dated 05.04.2023. The operative part of the said order is extracted hereinafter:-

xxxx xxxx xxxx xxxx xxxx xxxx xxxx xxxx xxxx “We accept this application and direct the Union of India to decide the case of the applicant in light of the above judgment within a period of three months from today, failing which the applicant shall be entitled to interest @8% per annum......”

5. Feeling aggrieved from the aforesaid order as passed upon the O.A. (supra), by the learned Armed Forces Tribunal concerned, the petitioner-Union of India has filed thereagainst the instant writ petition before this Court.

Submissions of the learned counsel for the petitioners.

6. The learned counsel for the petitioners submits, that the learned Tribunal has failed to consider that in terms of Regulation No.125 of the Pension Regulations for the Army, 1961 and Regulation No.44 of the Pension Regulations for the Army, 2008, thus only the Competent Authority was empowered to condone the deficiency in the rendition of qualifying service, thus by the soldier for his becoming entitled to seek the endowment of pension to him. The said Regulations are extracted hereinafter.

(PENSION REGULATIONS FOR ARMY, 1961)

125. Except in the case of (a) an individual who is discharged at his own request, or (b) an individual who is eligible for special pension or gratuity under Regulation 164, or (c) an individual who is invalided with less than 15 years service, deficiency in service for eligibility to service pension or reservist pension or gratuity in lieu may be condoned by a competent authority upto six months in each case.”

(PENSION REGULATIONS FOR ARMY, 2008)

44. The deficiency in service for eligibility to pension/gratuity may be condoned upto 12 months in each case by competent authority except in the case of :-

(i) an individual who is discharged at his own request ;

(ii) an individual who is inval