COURT NO. 1, ARMED FORCES TRIBUNAL PRINCIPAL BENCH, NEW DELHI 66. OA 88/2021 with MA 55/2023 & 98/2021 In the matter of: Ex Nk M Selvaraj .. Applicant Versus Union of India & Ors. .-. Respondents For Applicant : Shri ON Sharma, Advocate For Respondents: Ms. Jyotsna Kaushik, Advocate CORAM : HON’BLE MR. JUSTICE RAJENDRA MENON, CHAIRPERSON HON’BLE LT. GEN. C.P. MOHANTY, MEMBER (A) ORDER 13.04.2023 Invoking the jurisdiction of this Tribunal under Section 14 of the Armed Forces Tribunal Act 2007, applicant had originally filed this application with the following prayers as are indicated in Para 8 of the application. The prayer reads as under: a) To allow the original application and set aside impugned discharge order dated 05 Sep 2019 and issue direction to the Respondents that the applicant be remained i.e. 29 Feb 2020 and further grant all the consequential relief to meet the ends of equity, justice and fairness.b) Pass such other and further order/direction to the respondents in the attendant genuine circumstance of the case, to meet the ends of justice. c) Pass any other proper and just order as may deem fit and in the interest of justice. The respondents have filed a detailed counter affidavit and have refuted the aforesaid contentions and have indicated that the applicant is not entitled to any relief. The matter was heard by us and we after hearing the matter on 03.04.2023 learned counsel for the applicant submitted that the applicant would not be pressing the main prayer on the application instead, he would be satisfied on the shortfall of 105 days of service rendered by him in the DSC is condoned and second pension for serving with the DSC is granted to him. Agreeing to the same we have orally indicated on 03.04.2023 that we shall allow this petition, however, by going through the record we didn’t find any specific prayer in this regard and, therefore, we have listed this matter for hearing today after perusal of the records and _ hearing learned counsel for the parties we find that on 23” December, 2022 the applicant had filed an application bearing MA No. 55/2023, under Rule 25 of the Armed forcesTribunal Procedure Rule, and in the said application the applicant had amended the prayer cross and an alternate prayer was made to say that the shortfall of 105 days of service for grant of second family pension with regard to service rendered in the DSC be condoned and the service family pension be granted to the applicant and he stated that the applicant would be satisfied if this prayer is allowed. Keeping in view the aforesaid, we allow this application and in view of the Full Bench judgment of the Tribunal in Smt ShamaKaur vs. Union of India & Ors. (OA No. 1238 of 2016) case and various other cases subject to verification by the respondents direct for condonation of 105 days of shortfall and grant second pension for the service rendered by the DSC. 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. 2. It is the conceded position that the applicant was enrolled into DSC service on 14 February 2005 and discharged on 31*t October, 2019 and there is a shortfall of 105 days of service against the mandatory 15 years ofqualifying service, which made him ineligible for the second service pension for the service rendered with DSC. 3. We have heard the learned counsel for the parties and perused the documents available on record. 4. 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 (0.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