In a significant ruling affecting ex-servicemen, the Supreme Court has clarified that personnel of the Defence Security Corps (DSC) can seek condonation of shortfall in service for pension eligibility. The Court examined multiple appeals filed by the Union of India challenging earlier relief granted to retired personnel.
Background of the Case
The batch of appeals arose from disputes over whether DSC personnel who are re-employed ex-servicemen could claim a second pension despite falling short of the required 15 years of qualifying service.
The Union of India argued that such personnel, already receiving a pension from their first service in the regular Army, were not entitled to condonation for a second pension. The government relied on internal policy letters, including one issued in 2017, which barred such condonation.
On the other hand, the respondents contended that pension regulations explicitly allow condonation of deficiency in service up to a certain limit and that these provisions should also apply to DSC personnel.
The Court framed two central issues:
- Whether pension regulations applicable to the Army extend to DSC personnel
- Whether shortfall in qualifying service can be condoned for grant of a second pension
These questions were examined in light of Pension Regulations of 1961 and 2008.
Court’s Observations
DSC Personnel Are Part of Armed Forces
The bench noted that DSC is a recognized corps under the Army Act, meaning its personnel are treated as part of the Armed Forces. Therefore, general pension rules applicable to Army personnel also apply to DSC, unless there is a clear inconsistency.
No Conflict in Pension Rules
The Court rejected the government’s argument that provisions for DSC exclude condonation of service deficiency. It held that there is no inconsistency between general pension provisions and those specific to DSC.
“The mere existence of a separate provision… does not, by itself, establish inconsistency,” the bench observed.
Condonation Provision Applies
The Court emphasized that pension regulations clearly allow condonation of shortfall up to 12 months in certain cases. These provisions were meant to ensure that personnel are not denied pension due to minor deficiencies in service.
Importantly, the Court stated that such provisions extend to DSC personnel as well, since no explicit bar exists in the regulations.
The Court also clarified how service length must be calculated. It directed authorities to consider beneficial provisions such as rounding off fractions of service (for example, treating certain months as half-years) before determining eligibility.
The Supreme Court held that:
- Pension rules applicable to regular Army personnel also apply to DSC personnel unless clearly inconsistent
- Provisions allowing condonation of shortfall in qualifying service are applicable to DSC personnel
- The government must first compute qualifying service, including applicable rounding rules, and then consider condonation as per regulations
The appeals filed by the Union of India were decided in line with these findings, affirming the entitlement of eligible DSC personnel to seek condonation of deficiency in service for pension purposes.
Case Details
Case Title: Union of India & Ors. vs. Balakrishnan Mullikote & Connected Matters
Case Number: Civil Appeal (Arising out of Diary No. 27246/2023 & connected cases)
Judge: Justice Manmohan and Justice Manoj Misra
Decision Date: 24 March 2026
