Madan Singh vs Union Of India And Others

M.A No. 1939/2020

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 Sing.h (2008) 8 SCC 648, M.A No. 1939/2020 is allowed condoning the delay in filing the O.A.

OA 1682/2020

In this OA, the applicant, widow of Ex Nk Madan Singh, 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 08 months of service in DSC and there is a shortfall of 04

months 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 Ex Nk Madan Singh. The husband of the applicant was re-enrolled in the DSC on 30.03.1996 and

was discharged from service on 30.11.2010, after rendering 14 years and 08 months of service. However, there was a shortfall of 04 months to

complete the qualifying service for second service pension. The husband of the applicant died on 16.11.2017.

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 Srnt Shama ICaur Vs. Union of India and Ors (OA No.1238 of 2016

decided on 14.10.2020). Taking into account the aforesaid factual and legal aspects, the shortfall of 04 months 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 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 04 months and he is

eligible for second service pension for the services rendered in DSC with effect from 30.11.2010 till his death, i.e., 16.11.2017. Further, from

17.11.2017 the applicant being the widow of Ex Nk Madan Singh 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 04 months 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 04 months 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 30.11.2010 till his death, i.e., 16.11.2017 and thereafter second family pension to the

applicant with effect from 17.11.2017;

(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

30.11.2010 till his death on 16.11.2017;

(iv) The respondents are further directed to calculate and pay the arrears of second family pension with effect from 17.11.2017;

(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.