Gaya Bux Singh vs Union Of India And Others

MA 1420/2020

For the reasons carved out in the application the delay of 8180 days in the filing the OA is condoned.

MA stands disposed of.

OA 1235/2020

The applicant has filed this OA under Section 14 of the Armed Forces Tribunal Act, 2007, praying for the following relief:

(a) Direction to the respondents to grant service pension of Defence Security Corps with effect from 01.12.1997 (next date of the retirement) with all

consequential benefits with interest @ 12% per annum till its actual payment as applicant has served 14 years 1 month and 26 days of qualifying

service in DSC and his case is quarely covered by the Smt Shama Kaur Vs. UOI & Ors. (OA No.I238/2016 ordered dated 01.10.2019 by Larger

Bench of Hon'ble AFT (PB) New Delhi) (Annexure A-9) on the matter of granting of service pension to DSC person who have served more than 14

years of qualifying service in DSC and/or;

The facts of the case, in brief, are that the applicant was initially enrolled in the Indian Army on 14th November, 1961 and on completion of seven

years eight months and fourteen days of qualifying service, he was discharged from service on 27th July, 1969. He was granted service pension being

sent on reserve service. Thereafter, he was re-enrolled into Defence Security Corps (DSC) on 5th October, 1983 and discharged from there on 30th

November, 1997 after rendering 14 years 1 month and 26 days. Since the applicant was short of 10 months and 4 days to complete the qualifying

service for service pension in respect of service rendered in the DSC, he was not granted second service pension.

According to learned counsel for the applicant, in terms of the judgment of the Full Bench in the case of Smt Shama Kaur Vs. Union of India and

Ors. (OA No.1238/2016 and OA No.272/2018) decided on 1st October, 2019), the shortfall of 10 months and 4 days is to be condoned so that he will

be eligible for pension for the service rendered in DSC also.

Having heard the counsel on both sides, we are of the view that the case on hand is squarely covered by the judgment in Smt Shama Kaur (supra).

The respondents are, therefore, directed to verify the claim put forth by the applicant and if he is entitled to the same benefits in terms of the judgment

in Smt Shama ICaur (supra), the same shall be extended to him in toto. In case the applicant is not entitled to such benefits, it shall be incumbent upon

the respondents to record reasons therefor and communicate the same to the applicant within three months from the date of receipt of this order.

The OA stands disposed of accordingly.