Chander Kalan vs Union Of India And Others

M.A No. 433/2017

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, M.A No. 433/2017 is allowed condoning the delay in filing the O.A.

OA 493/2017

The challenge in this 0.A is against the letter issued by the third respondent dated 17th April, 2013 (Annexure Al), whereby the respondents have

rejected the request of the applicant for grant of second service pension to her husband for the service rendered by him in the Defence Security Corps

(DSC) on the ground that there was a shortfall of 230 days in the mandatory qualifying service of 15 years to make him eligible for second service

pension and resultantly, the applicant is also not eligible for grant of dual family pension based on her late husband's second service in the DSC. There

is no doubt that as per Section 2(2) of the Armed Forces Tribunal Act, 2007, widows of Defence personnel have full right to approach the Tribunal in

the capacity of being dependent, heir or successor in so far it relates to service matters of deceased personnel, which term includes pension as per

Section 3(o) (i) of the said Act.

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

As already noted, the applicant is the widow of Ex Nk Rishal Singh. The husband of the applicant was re-enrolled in the DSC on 19.04.1971 and

was discharged from service on 31.08.1985, after rendering 14 years and 135 days of service. However, there was a shortfall of 230 days to complete

the qualifying service for second service pension thus rendering him ineligible for the second service pension. The husband of the applicant died on

04.07.2000.

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) and Smt. Shama Kaur Vs. Union of India and others (0.A No. 1238 of 2016

decided on 14.10.2020). In the light of the decision in Bhani Devi (supra), the personnel of DSC are entitled for condonation of the shortfall in

qualifying service up to 'one year' for grant of pension. In the light of the decision of Hon'ble Supreme Court in the case of Union of India and Anr.

Surender Singh Farmar (C.A No. 9389 of 2014 dated 20.01.2015); the arrears of second service pension can be given only from 14.08.2001, the date

of issuance of GOI, MoD letter No.4684/DIR(PEN)/2001. Further in cases where the widows are entitled to dual family pension, the second family

pension, in addition to the first family pension, is authorised only with effect from 24.09.2012 as per the Ministry of Defence letter No. 01(05)/2010-

D(PEN)/Policy) dated 17.01.2013.

Taking into account the aforesaid factual and legal aspects, the shortfall of 230 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. However, the husband of the applicant is not entitled to any arrears of

his second service pension since he died on 04.07.2000; though discharged from service on 31.08.1985.

For the reasons stated above, 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 230 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 0.A is, therefore, allowed with the following directions:

(i) The shortfall of 230 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 01.09.1985 till his death, i.e. 04.07.2000 and thereafter second family pension to the

applicant with effect from 05.07.2000;

(iii) The respondents are further directed to calculate and pay the arrears of second family pension to the applicant with effect from 24.09.2012;

(iv) 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.