Pension to DSC Soldier on completion of 13 years 09 Months Service
Pension to DSC Solider
The Pension Regulation does not talk about pension to DSC Soldier on completion of 13 Years 09 Months of Service.
Pension Regulations of the three services has some provisions to condone short fall of service for grant of Pension.
Condonation of shortfall in Service
Regimental Record Office has power to condone shortfall in service upto 6 months deficiency in completion of pensionable service.
Second Service Pension to DSC Personnel
Govt. of India has authorized Army HQ to condone short fall of one year in pensionable service.
According to Govt. of India letter dated 14.08.2001 Service HQ can process the case for grant of service pension.
Second Pension to DSC Soldier
Govt. of India denied the DSC soldier for condonation of short fall of service to get Service Pension of DSC Service.
However, Armed Forces Tribunal and Supreme Court has rejected the contention of Army Authorities in many cases.
Reason for Shortfall in Pensionable Service
Many DSC soldier retire on completion of 57 years of Age but they do not complete 15 years in DSC (Defence Security Corps).
Thus they do not qualify for second service pension due to shortfall of 1 or 2 years service in total qualifying of 15 years.
AFT / High Court Orders on DSC Pension
There are many cases where Armed Forces Tribunal (AFT) has granted Service Pension to DSC soldier who crossed total service 13 years and 09 Months.
The Hon'ble Supreme Court has held in Surender Parmar's case that more than 03 months service will treated as Half year.
As per the aforesaid case if any soldier completed 13 years 09 Months service, AFT may grant Service Pension the DSC solider.
This Supreme Court Judgment is also applicable in DSC soldiers who could not complete their pensionable service.
Condonation of Service in Voluntary Retirement
Pension Regulation has some provisions which deny the condonation of service in voluntary retirement cases, however Bombay High Court has declared such bar illegal and unconstitutional in Gurmukh Singh's cases .
The Hon'ble Supreme Court in the case of Surender Singh Parmar vs UoI decided on 20.01.2015 held that condonation of service is also permitted in voluntary retirement case.
Such principles are being followed by Various Benches of Armed Forces Tribunals in all over India.
Tags: Pension to DSC soldier
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