Writ petition challenging an Armed Forces Tribunal order condoning a shortfall in qualifying service to grant a DSC employee a second service pension. Relying on its earlier decision rejecting a similar challenge, the High Court found no merit in the petition and dismissed it without costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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Date of decision: 06.11.2024
versus
EX HAV DSC GD GYAN PRAKASH .....Respondent Through: Nemo
CORAM:
HON'BLE MR. JUSTICE NAVIN CHAWLA HON'BLE MS. JUSTICE SHALINDER KAUR
NAVIN CHAWLA, J. (Oral)
“7. The instant O.A is, therefore, allowed with the following directions:
(i) The shortfall of less than one year of qualifying service for second service pension is condoned;
(ii) Subject to verification of records, the respondents are directed to issue a corrigendum PPO to the applicant granting second service pension for the service
Signature Not Verified
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rendered by him in DSC, from the date of his discharge; and (iii) The arrears shall be paid within four months from the date of receipt of a copy of this order. In default, the applicant will be entitled to interest @ 6% per annum till payment.”
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No.14(02)/2011/D/(Pen/Pol) dated 20.06.2017 issued by the Government of India through the Ministry of Defence (Department of Ex-Servicemen Welfare), which states that no condonation shall be allowed for grant of second service pension.
“ 22. It is also noteworthy that the scheme of the Regulations in itself provide for two independent service pensions, one for service in the Indian Army and the second for the service in the DSC. It is only because of the provision for two service pensions in the Regulations that the respondents, while joining the DSC, did not opt for including their past service in the Indian Army and have, therefore, been deprived of benefits which could have accrued to them had they sought inclusion of their past service with the Army. Merely because the claim of the respondents, if allowed, would entitle them to earn a second pension, which is envisaged in the Regulations itself, the petitioners cannot be permitted to raise a plea which is contrary to the specific provisions of the Regulations.
23. We have also considered the letters dated 23.04.2012 and 20.06.2017 issued by the Ministry of Defence, wherein it has been provided that no condonation for shortfall in qualifying service will be granted for second service pension with the DSC. Even though we find that these letters already stand quashed by the learned Tribunal in Ex Mohanan T (supra) , we have, at the insistence of the learned counsel for the petitioners, examined
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the same, but are of the view that once the pension Regulations do not create any bar for condonation of shortfall in qualifying service, contrary instructions could not have been issued by the Ministry of Defence. It is trite law that administrative instructions cannot override the statutory regulations and therefore, we are of the considered opinion that the petitioners, by way of these letters, could not deprive the respondents of the rights accruing to them under the specific provisions of the Pension Regulations.”
NAVIN CHAWLA, J
SHALINDER KAUR, J
NOVEMBER 6, 2024/sg/DG
Click here to check corrigendum, if any
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Digitally Signed W.P.(C) 4702/2024 By:SUNIL Signing Da te:0 8.11.2024 15:29:54
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2 issues framed by the court
Whether the Tribunal exceeded its jurisdiction by condoning a shortfall of 11 months and 11 days in qualifying service for grant of second service pension in the DSC.
Whether the Ministry of Defence Policy Letter dated 20.06.2017 barring condonation for second service pension could override the Pension Regulations.
Colour shows how this judgement treated each authority
Union of India & Ors. v. Ex/NK Chinna VediyappanRelied on¶7
Neutral Citation 2024:DHC:6858-DB
2 provisions across 2 enactments
Union of India and Ors
Ex Hav DSC GD Gyan Prakash
Navin Chawla
Shalinder Kaur
As recorded by the court registry
A petition under Article 226 of the Constitution asking a High Court to issue a writ against the State or a public authority in a civil matter.
Judgements on the same questions, provisions and authorities, from every court
