COURT No.3 ARMED FORCES TRIBUNAL PRINCIPAL BENCH: NEW DELHI (Through Virtual Hearing) 26. OA 771/2022 WITH MA 993/2022 Ex Nk (DSC) Jamkhogin Kipgen ome Applicant VERSUS Union of India and Ors. .. Respondents For Applicant ; Mr. Ved Prakash, Advocate with Mr. Devendra Kumar, Advocate For Respondents: Ms. Barkha Babbar, Advocate CORAM HON’BLE MS. JUSTICE ANJANA MISHRA, MEMBER (J) HON’BLE LT GEN P.M. HARIZ, MEMBER (A) ORDER 19.04.2022 MA 993/2022 Keeping in view the averments made in the application and in the light of the decision in Union of India and others Vs. Tarsem Singh (2009(1) AISLJ 371), the delay in filing the OA is condoned. MA stands disposed of. OA 771/2022 2. In this OA, the applicant is seeking a direction to the respondents to grant him second service pension for the service rendered in Defence Security Corps (DSC) by condoning the deficiency in qualifying service. 3. It is the conceded position that the applicant was enrolled into DSC service on 8" July, 2003 and discharged on 28 February, 2018 and there is a shortfall of 129 days of , a aservice against the mandatory 15 years of qualifying service, which made him ineligible for the second service pension for the service rendered with DSC. 4. We have heard the learned counsel for the parties and perused the documents available on record. 5. The question involved in this case is no longer res integra, as the same had already been settled by this Tribunal in the case of Bhani Devi Vs. Union of India and others (O.A. No. 60 of 2013 decided on 07.11.2013), Ex Nk Vijay Singh Vs. Union of India and Ors. (OA No.272 of 2018 decided on 14.10.2020) and the Kochi Bench of this Tribunal in Mohanan T Vs. Union of India and Ors. (OA No.131 of 2017 dated 12.10.2017). In Bhani Devi (supra), it was held that the provisions for condonation of shortfall in service under Regulation 125 of the Pension Regulations for the Army 1961 (Part I) are equally applicable to Armed Forces personnel serving in DSC making them eligible for grant of second service pension. Against the order in Ex NkMohanan T (supra), granting condonation of shortfall of DSC service, subsequent to the issue of Gol (MoD) letter dated 20.06.2017, the respondents had approached the Hon’ble Supreme Court by filing Civil Appeal (Diary) No.27100 of 2018, which was dismissed vide order dated 27.08.2018 and thus the matter has attained finality. This Tribunal in Ex Nk Vijay Singh (supra), while referring to the Full Bench decision of this Tribunal in Smt Shama Kaur Vs. Union of India and Ors(OA No.1238 of 2016 decided on 01.10.2019), which dealt with the question whether there should be condonation of deficiency of service for grant of second pension of DSC like Regular Army personnel in terms of Government of India (Ministry of Defence) letter dated 14.08.2001 and Para 44 of the Army Pension Regulations or be dealt with in terms of Government of India (Ministry of Defence) letter dated 20.06.2017, quoted para 44 of that judgment which reads as under: (@—) The aspect has been discussed in full detail in our discussion above on merits. It needs no further emphasis that the DSC is a part of the Army and is also treated as a “Corps” under Rule 187(1)(~) of the Army Rules, 1954, read with Section 3(vi) of the Army Act, 1950. Further the same pensionary provisions as applicable to the three defence services are applicable to the DSC and all such personnel taken together are referred as “Armed Forces Personnel” as becomes clear from the opening paragraphs of Letter No. 1(5)87/D (Pension/Services) dated 30.10.1987, Letter No. 1(6)/98-D(Pension/Services) dated 03.02.1998, Letter No. 17(4)] 2008(2)/D(Pen/Pol) dated 12.11.2008 and Para 3.1 of Letter No. 17 (02)/2016-D(Fen/Pol) dated 04.09.2017 issued by the Ministry of Defence after the 4, 54, 6 and 7 Central Pay Commissions respectively. () ‘The matter has already been decided by Constitutional Courts and this Tribunal and implemented hy the Respondents, especi