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Judgment
8 paragraphs · 361 wordsManoj Kumar Gupta, CJ
The instant writ petition is directed against the order of the Armed Forces Tribunal, Regional Bench, Lucknow, Circuit Bench at Nainital, dated 18.03.2025 in O.A. No.890 of 2024. The operative part of the order is as follows:-
"7.Accordingly, Original Application is allowed. The shortfall of 10 months and 25 days in minimum qualifying service of the applicant in getting second service pension is condoned. Applicant is held entitled to get second service pension in DSC as well in addition to pension which he is already getting from the Army.
The respondents are directed to grant second service pension to the applicant from the next date of discharge from DSC service. However, due to law of limitations settled by the Hon'ble Supreme Court in the case of Shiv Dass vs. Union of India, reported in 2007 (3) SLR 445, the arrears of second service pension will be restricted to three years preceding the date of filing of the instant Original Application. The date of filing of this Original Application is 09.09.2024. The respondents are directed to give effect to this order within a period of four months from the date of receipt of a certified copy of this order. Default will invite interest @8% per annum till actual payment."
Learned counsel for the parties very fairly concede that the controversy is concluded by Paragraph 41 of the judgment of Supreme Court in Civil Appeal, arising out of Diary No(s). 27246/2023, "Union of India & others vs. Balakrishnan Mullikote (ex Hav 256812 M)", wherein it has been held as follows:-
"41. Accordingly, this Court holds that the Respondents are entitled to condonation of shortfall in qualifying service up to one (1) year, in accordance with Paragraph 125 of the Pension Regulations, 1961 and Paragraph 44 of the Pension Regulations, 20058 after determining the length of qualifying services in accordance with Paragraphs 9 and 18 of the Pension Regulations of 1961 and 2008, respectively, as well as Note 5 appended to the letter dated 30th October 1987."
In view of it, the instant writ petition is dismissed.
Pending application, if any, also stands disposed of.