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. 3972738M EX L/NK SUBHASH CHAND 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 09.05.2023 (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 11 months and 23 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 22.10.1974 and was discharged therefrom on 31.10.1996. Respondent No.1 was granted retiring pension, as admissible to him as per the P