Champa Devi Widow of L/Nk/DSC Krishna Bahadur Sonwar vs Union Of India & Ors

M.A No. 3095/2021

Keeping in view the averments made in the miscellaneous application and finding the same to be bona fide, in the light of the decision in Union of

India and others v. Tarsem Singh(2008) 8 SCC 648, the same is allowed condoning the delay in filing the O.A. MA stands disposed of.

OA 2878/2021

In this OA, the applicant, widow of L/Nk/DSC Krishna Bahadur Sonwar, is seeking a direction to the respondents to grant second service pension

to her late husband for the service rendered by him in Defence Security Corps (DSC) by condoning the deficiency in qualifying service and for grant

of family pension based on her late husband’s second service in the DSC.

We have heard the learned counsel for the parties and perused the documents available on record.

It is the conceded position that the husband of the applicant had rendered 14 years and 281 days of service in DSC and there is a shortfall of 84

days against the mandatory 15 years of qualifying service, which made him ineligible for the second service pension for the service rendered with

DSC.

As already noted, the applicant is the widow of L/Nk/DSC Krishna Bahadur Sonwar. The husband of the applicant was re-enrolled in the DSC on

13.03.1986 and was discharged from service on 31.03.2001, after rendering 15 years and 18 days of service but due to some AWL period of his total

reckonable service was calculated at 14 years and 281 days with a shortfall of 84 days to complete the qualifying service for second service pension.

The husband of the applicant died on 15.02.2014.

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) and Smt Shama Kaur Vs.Union of India and Or s(OA No.1238 of 2016

decided on 14.10.2020). Taking into account the aforesaid factual and legal aspects, the shortfall of 84 days to complete 15 years of qualifying service

in DSC by the husband of the applicant to get second service pension is liable to be condoned. There is no doubt that as per Section 2(2) of the Armed

Forces Tribunal Act, 2007, widows of defence personnel have right to approach the Tribunal in the capacity of being dependent, heir or successor in

so far as it relates to service matters of deceased personnel, which term includes pension as per Section 3(o)(i) of the said Act.

In the light of the aforesaid findings, we hold that the late husband of the applicant is eligible for condonation of shortfall of 84 days and, therefore,

eligible for second service pension also for the services rendered in the DSC with effect from 01.04.2001 till his death, i.e., 15.02.2014. Further, from

16.02.2014 the applicant being the widow of L/Nk/DSC Krishna Bahadur Sonwar will be eligible for second family pension, in addition to the first

family pension.

Taking into account the aforesaid factual and legal aspects, we are of the considered view that the facts of this case are squarely covered by the

decisions in Bhani Devi and Smt Shama Kaur (supra) and, therefore, the shortfall of 84 days to complete 15 years of qualifying service in DSC by

the late husband of the applicant to get second service pension is liable to be condoned, which will enable the applicant also to get second family

pension from the date on which her husband died.

The instant O.A is, therefore, allowed with the following directions:

(i) The shortfall of 84 days of qualifying service for second service pension in respect of the late husband of the applicant is condoned;

(ii) Subject to verification of records, the respondents are directed to issue a corrigendum PPO granting service pension for the service rendered by

the late husband of the applicant in DSC with effect from 01.04.2001 till his death, i.e. 15.02.2014 and thereafter second family pension to the

applicant with effect from 16.02.2014;

(iii) The respondents are directed to calculate and pay the arrears of second service pension of the late husband of the applicant with effect from

01.04.2001 till his death on 15.02.2014;

(iv) The respondents are further directed to calculate and pay the arrears of second family pension with effect from 16.02.2014;

(v) The respondents shall implement this order 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.

No order as to costs.