Union Of India & Ors. vs Balraj Singh & Anr.

HARSIMRAN SINGH SETHI, J. (Oral)

These applications have been filed for listing of the main petitions for some actual date of hearing.

For the reasons mentioned in the applications, the same are allowed and the writ petitions are taken up for hearing today itself. CM-13947-CWP-2026 in/and CWP No.17498 of 2024 (O&M) and another connected case -2-Main cases

Present are the set of two petitions, the details of which are mentioned in the heading, involving common question of law in the context of common set of facts and thus they are being decided by a common order.

In the present petitions, challenge is to the impugned order dated 03.08.2023 (Annexure P-1) in CWP No.17498 of 2024 and dated 03.11.2023 (Annexure P-1) in CWP No.17544 of 2024 passed by the respondent No.1-Armed Forces Tribunal, Regional Bench, Chandigarh (hereinafter referred to as ‘Tribunal’), by which, the respondent No.1 in both the cases have been held entitled for the grant of service pension after condoning the deficiency of service equivalent to 311 and 305 days respectively.

Learned counsel for the petitioners-Union of India submit that the issue raised in the present petitions with regard to the grant of benefit of condonation of service so as to consider the service of the officer concerned to the minimum of 15 years, which is required for the grant of disability pension including the family pension and thereafter, service pension as the case may be, has already been decided by the Hon’ble the Supreme Court of India while passing judgment in Union of India and others Versus Balakrishnan Mullikote (Ex.HAV 256812 M) Civil Appeal arising out of Diary No.27446 of 2023, decided on 24.03.2026.

We have heard learned counsel for the petitioners and have gone through the case file with his able assistance.

Keeping in view the facts mentioned hereinbefore that issue raised in these petitions are covered by the judgment in Balakrishnan Mullikote’s case (supra), the present petitions are also disposed of in the same terms and conditions as held in Balakrishnan Mullikote’s case (supra) and the petitioners are directed to pass an appropriate order with regard to the claim of respondent No.1 in both the cases for the grant of service pension as per the judgment passed by Balakrishnan Mullikote’s case (supra).

Let the present order be complied with by the petitioners within the period of eight weeks from the date of receipt of certified copy of this order.

It is made clear that in case, any order passed by the petitioners is contrary to the observations given by the Hon’ble Supreme Court of India in Balakrishnan Mullikote’s case (supra), the same will not only be treated perverse to the settled principle of law but will also amount to the contempt of the Court.

Miscellaneous application pending, if any, is also disposed of.

Photocopy of this order be placed on the file of another connected case.