The Punjab and Haryana High Court held that the inability to complete the qualifying period of service in the Defence Security Corps (DSC) cannot stand in the way of an Army Personnel becoming endowed with the benefit of a service pension.

The Court dismissed the Writ Petition by the Union of India (Petitioner) praying for the setting aside of the Order of the Armed Forces Tribunal (AFT/Tribunal), whereby the claim of Respondent for the grant of the service element of the disability pension was allowed.

A Division Bench of Justice Sureshwar Thakur and Justice Sudeepti Sharma held, “Resultantly, the inability of the present respondent to complete the qualifying period of service in the DSC, thus cannot stand in the way of his becoming endowed the benefit of service pension, hence even for the term of 09 years, and 294 days of service rendered in the DSC, reiteratedly merely on the premise that he had not completed the apposite 15 years of qualifying service in the DSC.

Senior Panel Counsel Promila Nain represented the Petitioners.

Brief Facts

The Respondent was initially enrolled in the Indian Army as a Sepoy and was discharged after rendering 24 years and 04 days of qualifying service for which he has granted service pension for life. Thereafter, he was re-enrolled in the Defence Security Corps (DSC) as a Sepoy for an initial period of 10 years subject to further extension on fulfilment of certain conditions contained in relevant Government instructions.

However, he was compulsorily discharged from service on account of disabilities incurred attributable to Military service. He was, however, denied the service element of disability.

The Tribunal allowed his application for the grant of service element of disability pension.

Court’s Reasoning

The Court noted that during the period of his serving in the DSC, the Respondent acquired a disability which was stated to arise from the rendition of military service or the same being attributable to or aggravated by military service.

The Court remarked that “the said entailment of a disability, thus during the spell of the present respondent serving in the DSC, whereafter he became debarred to become granted any further extension in the DSC service, rather when he was required to be invalided or discharged from service, as aptly done in the instant case.

If so, since the above impediment, did well estop the present respondent, rather to earn the requisite period of qualifying service, for therebys his becoming entitled for the apposite service pension. As such, when his service neither became extended nor when he become discharged on ground of some proven mis-conduct,” the Court held.

Consequently, the Court held, “Even otherwise since the declaration of law made in verdict (supra) makes the said declaration to be an expostulation of law in rem, therebys, the expostulation of law in rem, as made in verdict (supra) also makes the thereunders conferred benefits vis-a-vis the defence personnel concerned, to, prima facie, also entitle the concerned, thus to at any time seek the granting of the endowments as made thereunders, and that too, in the fullest complement, as spelt thereunders, besides irrespective of the bar, if any, of delay and laches.

Accordingly, the High Court dismissed the Writ Petition.

Cause Title: Union Of India & Ors. v. No. 3370130 F. Ex. Sep Sukhdev Singh & Anr. (Neutral Citation: 2025:PHHC:003621-DB)

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