The Gauhati High Court has upheld an order of the Armed Forces Tribunal (AFT) directing the Centre to grant a second pension to a retired Defence Security Corps (DSC) veteran who fell short of the qualifying service by only 10 months and two days.
The ruling came after the Central government withdrew its challenge in light of a recent Supreme Court of India judgment favouring ex-servicemen seeking condonation of minor service deficiencies for pension eligibility.
The bench comprising Chief Justice Ashutosh Kumar and Justice Arun Dev Choudhury was hearing a petition filed by the Centre against retired DSC personnel Manoranjan Ozah from Assam’s Nagaon district.
Ozah had initially served in the Indian Army as an electrical mechanical engineer before retiring in 2001. He later joined the Defence Security Corps in 2005 and served until March 2019.
At the end of his DSC tenure, he had completed 14 years, one month, and 28 days of service, narrowly missing the 15-year qualifying benchmark for a second pension.
Defence authorities had denied him pension benefits, arguing that condoning the deficiency would amount to granting “dual benefits” because he was already receiving an Army pension from his earlier service.
However, the Armed Forces Tribunal ruled in Ozah’s favour and directed authorities to condone the shortfall under Regulation 125 of the Pension Regulations for the Army, 1961. The tribunal also ordered revision of the Pension Payment Order and payment of arrears.
During proceedings before the High Court, the Centre informed the bench that it was no longer pressing the petition after the Supreme Court’s recent judgment in the Union of India vs Balakrishnan Mullikote case.
The apex court had clarified that where the shortfall in qualifying service is one year or less, personnel are entitled to seek condonation under pension regulations. It also held that a second pension earned through DSC service is an independent entitlement separate from the first Army pension.
Taking note of the Supreme Court ruling, the Gauhati High Court dismissed the Centre’s petition as “not pressed.”
Legal experts noted that the judgment could have significant implications for many former soldiers serving in the Defence Security Corps who have faced denial of second pensions due to marginal deficiencies in qualifying service despite years of continued military service.
