DSC 2ND PENSION WITH CONDONATION OF SHORTFALL UPTO 18 months
Pension for DSC Service after condonation of short fall / deficiency up to 12 months in completing 15 years of service in DSC is now settled. The Larger Bench of Armed Forces Tribunal (Principal Bench) New Delhi have delivered a landmark judgment on 01 Oct 2019, granting relief to DSC persons rendered minimum 14 years of service in DSC for second pension also. Similar benefit was earlier available for first pension, wherein, condonation upto 18 months are allowed with benefit of rounding off in terms of GoI/MoD circ 208.
(a) As per Pension Regulations for the Army 2008, para 44 the deficiency in service for eligibility for pension /gratuity may be condoned upto 12 months & Govt of India Min of Def letter NO 4684/DIR(PEN)/2001 dated 14.08.2001 para 1 (a) (v) condonation of shortfall in qualifying service or grant of pension in respect of PBOR beyond six months and upto 12 months was made permissible.
- b) The widows of defence personnel who are getting two pensions i.e. one from Army and another from civil side are made eligible for two pensions after death of their husband wef 24.09.2012. Same way a person who retired from Regular Army on completion of 15 years or more and getting service pension and thereafter joined DSC and there also complete 15 years is eligible for two pensions i.e. one from Army and another from DSC treating both service as separate.
RAKSHA MANTRI’s COMMITTEE OF EXPERTS 2015 HELD FOR REVIEW OF SERVICE AND PENSION MATTERS and held that Pen Regs of the services provide for condonation of service till 6 months & period extended to 01 year wef 14.08.2001. it was held in various judgments that in pension matters a person, thus otherwise entitled to the benefits of a beneficial provision of a statute should not ordinarily be deprived therefrom and reiterated by Larger bench of AFT in Shama Kaur vs UoI& Ors.
LAST RANK PENSION FOR LESS THAN 07 MONTH SERVICE
Ex-servicemen retired /discharged after holding a rank less than 07 months, deprived pension of said last rank despite change of Policy of Govt. of India/Circular dated 09.02.2001, wherein it has been clarified that 10 month continuous service in the last rank held is not required for grant of pension in such rank for PRE-2006 retiree. Thus all veterans retired post year 1996 and hold the last rank even for single day are eligible for revision of pension along with arrears from date of discharge. Catena of judgments passed by various benches of the Armed Forces Tribunal following AFT Chennai Order in OA 62/2014 delivered on 30.02.2015 in the case of JWO P Gopalakrishnan vs UoI & Ors. Govt of India also allowed such pension as per Last rank wef 01 Jan 2006 in terms of Circular No. 568/578; but for seeking revision date of discharge/Jan 1996, one has to take judicial shelter. Dept reputedly disrespects to Court of Law who passes catena of Orders on similar issues wherein pension was revised from 01 Jan 1996 onwards.