Kerala High Court
Union Of India vs Eshakku Kunju on 8 August, 2025
Author: Amit Rawal
Bench: Amit Rawal
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
&
THE HONOURABLE MR.JUSTICE P. V. BALAKRISHNAN
FRIDAY, THE 8TH DAY OF AUGUST 2025 / 17TH SRAVANA, 1947
WP(C) NO. 9584 OF 2025
(AGAINST THE ORDER/JUDGMENT DATED 22.03.2022 IN OA
NO.144 OF 2021 OF ARMED FORCES TRIBUNAL,REGIONAL
BENCH,KOCHI)
PETITIONERS/RESPONDENTS:
1 UNION OF INDIA
REPRESENTED BY THE SECRETARY TO GOVERNMENT
(DEFENCE) MINISTRY OF DEFENCE NEW DELHI-, PIN -
110011
2 CHIEF RECORD OFFICER
DSC RECORDS, MILL ROAD, KANNUR, KERALA, PIN -
670013
3 THE DIRECTOR GENERAL
CONTROLLER OF DEFENCE ACCOUNTS (PENSION),
ALLAHABAD, U.P, PIN - 211014
BY ADV SMT.CHANDINI G NAIR, CGC
RESPONDENT/APPLICANT:
ESHAKKU KUNJU
S/O ABUBAKER KUNJU (LATE) DSC RECORDS, KANNUR,
"SURMI MANSIL'', PUNNAKULAM K,S.PURAM, P.O.
KARUNAGAPPALLY KOLLAM,, PIN - 690544
BY ADVS.
SRI.B.HARISH KUMAR
SMT.KRISHNAPRIYA C.R.
W.P(C)No.9584 of 2024
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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY
HEARD ON 08.08.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P(C)No.9584 of 2024
2025:KER:60006
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AMIT RAWAL,
&
P.V.BALAKRISHNAN,JJ.
-------------------------------------
W.P(C). No. 9584 of 2025
---------------------------------
Dated this the 8th day of August 2025
JUDGMENT
P.V. BALAKRISHNAN,J This writ petition is filed by the respondents in O.A.144 of 2021 on the files of the Armed Forces Tribunal, Regional Bench, Kochi, challenging the order dated 22.03.2022 condoning the shortfall in qualifying service of the applicant, for second service pension in Defence Security Corps (hereinafter referred to as 'DSC' for short) and granting pension to him.
2. The applicant got enrolled in the Army as Sepoy on 29.06.1982 and was discharged on 30.06.2006, with eligible pension. Thereafter, he joined DSC on 21.03.2007 and served upto 31.05.2021. He was discharged on attaining the age of superannuation. The applicant had completed 14 years 2 months and 10 days of qualifying service in DSC. But pension was denied by not condoning the shortfall of 9 months and 20 days. It is aggrieved by the denial of the second service pension after condoning the shortfall, the applicant has preferred the afore O.A. W.P(C)No.9584 of 2024 2025:KER:60006 : 4 :-
3. The learned Tribunal after considering the materials on record and after hearing both sides, allowed the O.A. Hence, the present writ petition.
4. Heard Adv.Chandini.C.Nair, the learned Central Government counsel appearing for the petitioners and Adv.B.Harikumar, the learned counsel appearing for the respondent.
5. The learned Counsel for the petitioners submitted that the impugned order passed by the Armed Forces Tribunal is patently illegal and erroneous. The personnel enrolled under the regular army and DSC fall under two distinct categories and the benefit meant for regular army personnel cannot be granted to DSC. Similarly, Regulation 44 of Pension Regulations, for Army 2008 explicitly excludes condonation of shortfall in qualifying service of those eligible for second service pension for DSC.
6. Per contra, the learned Counsel for the respondent supported the impugned order and contended that the issue has already been decided by the Principal Bench of the Armed Forces Tribunal and also by the Hon'ble Apex Court, in favour of the respondent and the Tribunal has rightly allowed the claim of the respondent.W.P(C)No.9584 of 2024
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7. The only question that arises for consideration in this writ petition is whether the applicant is entitled for condonation of deficiency of 9 months and 20 days to complete 15 years of qualifying service for getting the second service pension. The Tribunal considered the afore question and allowed the O.A. by giving the following reasons:
"6. The question involved in this case are no longer res integra, as the same had already been settled by Regulations 175(a)(i) of the Pension Regulations for the Army 2008 and the Principal Bench of the Armed Forces Tribunal, in the case of Bhani Devi v. Union of India and Others (O.A. No.60 of 2013 decided on 07.11.2013) and this Tribunal in Mohanan T v. Union of India and Ors. (O.A No.131 of 2017 decided on 12.10.2017). Regulation 175(a)(i) of the Pension Regulations for the Army 2008 reads as follows :-
"Service Pension : In case his service in Defence Security Corps is 15 years or more, service pension shall be calculated as per Regulation 50 for actual qualifying service rendered in the Defence Security Corps without the element of weightage."
7. Subsequently, in Bhani Devi (supra), it was held that the provisions for condonation of shortfall in service under Regulation 125 of the Pension Regulations for the Army, 1961 (Part I) are W.P(C)No.9584 of 2024 2025:KER:60006 : 6 :-
equally applicable to Armed Forces personnel serving in DSC making them eligible for grant of second service pension. The said proposition was reiterated by this Bench of the Armed Forces Tribunal in Mohanan T. vs UoI and others (OA No.131 of 2017 decided on 12.10.2017). Against the order passed in Ex Nk Mohanan T (supra), granting condonation of shortfall of DSC service, subsequent to the issue of GoI (MoD) letter dated 20.06.2017, the respondents had approached the Hon'ble Supreme Court by filing Civil Appeal (Diary) No.27100 of 2018, which was dismissed vide order dated 27.08.2018 and thus the matter has attained finality.
8. The legality and correctness of the principle laid down in the cases of Bhani Devi and T. Mohanan was considered by the Full Bench of the Armed Forces Tribunal, Principal Bench, New Delhi in Shama Kaur vs Union of India and Ex-Naik Vijay Singh vs Union of India and upheld the principle laid down in the aforesaid decisions. The Full Bench of the Principal Bench, Armed Forces Tribunal, New Delhi considered the question whether there should be condonation of deficiency of service for grant of second pension for DSC service as like regular army personnel in terms of Govt. of India, Ministry of Defence letter dated 14.08.2001 and Para 44 of Army Pension Regulations or be dealt in terms of Govt. of India, Ministry of Defence letter dated 20.06.2017. The Full Bench held that condonation of shortfall in qualifying service upto one year for W.P(C)No.9584 of 2024 2025:KER:60006 : 7 :-
grant of pension shall also be available to the personnel of the Defence Security Corps. The Full Bench relied on the decisions in the cases of Ex-Sep. Chattarpal vs Union of India (CA Diary No.17785 of 2015 decided on 20.08.2019) and Union of India vs Surender Singh Parmar (2015 (3) SCC 404). In Surender Singh Parmar's case, Supreme Court has condoned the deficiency of service of an army personnel, who has served for a period of 14 years 3 months and 13 days only. Since the matter in issue involved in this O.A also has attained finality, we find that the applicant herein is also entitled to get the relief as prayed for."
8. It is very pertinent to note that similar issue has been considered by this Court in W.P.(C) Nos. 11264/2025 and 11753/2025 wherein, the findings of the Tribunal condoning the delay in shortfall of service less than one year to complete the qualifying service of 15 years for DSC person was upheld. The findings of the Tribunal in the impugned orders in W.P.(C) Nos.11264 of 2025 and 11753 of 2025 are based on the very same reasoning given by the Tribunal in the present impugned order and as referred above. If so, in the light of the afore facts, we do not find any reason to take a different view in the instant case, than that taken by this court in W.P.(C) No.11264 of 2025 & W.P(C)No.9584 of 2024 2025:KER:60006 : 8 :-
W.P.(C) No.11753 of 2025.
Ergo, we find no merit in this writ petition and the same is accordingly dismissed.
Sd/-
AMIT RAWAL Judge Sd/-
P.V.BALAKRISHNAN Judge dpk W.P(C)No.9584 of 2024 2025:KER:60006 : 9 :-
APPENDIX OF WP(C) 9584/2025 PETITIONER EXHIBITS Exhibit P-1 A TRUE COPY OF IMPUGNED ORDER IN ORIGINAL APPLICATION NO. 144/2021 DATED 22.03.2022 PASSED BY THE HON'BLE ARMED FORCES TRIBUNAL, REGIONAL BENCH, KOCHI Exhibit P-2 A TRUE COPY OF ORIGINAL APPLICATION NO.
144 OF 2021 FILED BEFORE THE HON'BLE ARMED FORCES TRIBUNAL, ERNAKULAM Exhibit P-3 TRUE COPY OF THE GOVERNMENT OF INDIA POLICY LETTER NO 4/00592/DSC-2/813 DATED 05.12.1981 Exhibit P-4 TRUE COPY OF THE LETTER NO.B/10185/DSC/MP-3, DATED 03.05.2018 Exhibit P-5 A TRUE COPY OF THE POLICY DATED 22.02.1999, STIPULATING THE AGE OF RETIREMENT Exhibit P-6 TRUE COPY OF THE POLICY LETTER NO.
14(2)/2011/D/(PEN/POL) DATED 23.04.2012 Exhibit P-7 A TRUE COPY OF THE POLICY OF THE MINISTRY OF DEFENSE DATED 20.06.2017 Exhibit P-8 A TRUE COPY OF POLICY 4684/DIR(PEN)/2001 DATED 14.08.2001 Exhibit P-9 A TRUE COPY OF ORDER DATED 02.12.2024 IN SPECIAL LEAVE TO APPEAL (¢) NO.
27725/2024 IN UNION OF INDIA & ORS VERSUS CHINNA VEDIYAPPAN Exhibit P-10 A COPY OF THE ORDER DATED 27.08.2018 IN CIVIL APPEAL 27100/2018 TITLED AS 'UOI & ORS VERSUS EX NAIK MOHANAN.T