126 IN THE HIGH COURT OF PUNJAB AND HARYANA AT UNION OF INDIA AND OTHERS NO. 5342455L EX. CORAM: HON'BLE MR. JUSTICE HON'BLE MR Present Mr. for the petitioner * SANJEEV PRAKASH SHARMA 1. The present passed by the Armed Forces Tribunal, Regional Bench, Chandigarh at Chandimandir (for short “the Tribunal”) whereby the Tribunal relying upon the judgment passed by the larger Bench dated 01.10.201 OA No.1238 of 2016 others” had allowed 2. It would be apposite to quote the relevant extract of judgment passed by the larger Bench of the AFT in “Shama Kaur condonation of shortfall up qualifying service for grant of pension to members of the Defence stands fully settled as per law declared by Constitutional Courts and IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision: UNION OF INDIA AND OTHERS V NO. 5342455L EX. NK BHAKTA MAN GURUNG AND ANOTHER HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA HON'BLE MRS. JUSTICE MEENAKSHI I. MEHTA Mr. Angel Walia, Senior Panel Counsel, for the petitioners-UOI. **** SANJEEV PRAKASH SHARMA, J. (Oral) The present Writ Petition assails order dated 10.05.2024 passed by the Armed Forces Tribunal, Regional Bench, Chandigarh at Chandimandir (for short “the Tribunal”) whereby the Tribunal relying upon the judgment passed by the larger Bench dated 01.10.201 No.1238 of 2016 titled as “Shama Kaur had allowed OA-1119-2023 filed by the respondent No.1. It would be apposite to quote the relevant extract of judgment passed by the larger Bench of the AFT in OA No.1238 of 2016 a Kaur Vs. Union of India and others "(i) In reference to Question No. (a), the issue of condonation of shortfall up to one year (twelve months) in qualifying service for grant of pension to members of the Defence Security Corps who have 14 years or more service stands fully settled as per law declared by Constitutional Courts and interpretation rendered by this Tribunal, amongst others in IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-9955-2025 (O&M) Date of Decision:22ndof May, 2025 ..…...Petitioner(s) V/s. NK BHAKTA MAN GURUNG AND ANOTHER .....Respondent(s) SANJEEV PRAKASH SHARMA MEENAKSHI I. MEHTA Senior Panel Counsel, assails order dated 10.05.2024 passed by the Armed Forces Tribunal, Regional Bench, Chandigarh at Chandimandir (for short “the Tribunal”) whereby the Tribunal relying upon the judgment passed by the larger Bench dated 01.10.2019 passed in a Kaur Vs. Union of India and filed by the respondent No.1. It would be apposite to quote the relevant extract of judgment OA No.1238 of 2016 titled as Union of India and others” which is as under :- (i) In reference to Question No. (a), the issue of to one year (twelve months) in qualifying service for grant of pension to members of the Security Corps who have 14 years or more service stands fully settled as per law declared by Constitutional Courts interpretation rendered by this Tribunal, amongst others in Suresh Kumar 2025.05.26 13:46 I attest to the accuracy and integrity of this document CWP-9955-2025 Chattar Pal by the Hon'ble Supreme Court wherein the Respondents themselves h condonation up Corps, by the Hon'ble High Courts of Delhi and Punjab &Haryana in Madan Singh and Mani Ram respectively and also by this tribunal in Bhani Devi and Mohanan. T (s general applicability of condonation of shortfall upto one year by judicial intervention has also been settled by the Hon'ble Su condonation of shortfall in qualifying service upto 'one ye grant of pension shall also be available to the personnel of the Defence Security Corps (DSC). widows of defence personnel have the right to approach this Tribunal to claim pension or fa the claim of pension qua deceased employees which falls within the definition of "service matter" under the Act and this right is provided by Section 2(2) of the Armed Forces Tribunal Act, 2007. Though there is no applicabili wrongs and recurring causes of action, the arrears of pension, in the specific cases of condonation of shortfall, would however have to be restricted from 14.08.2001 as already directed in Paragraph 12 of Surender Singh Parma binding on us. Further, the claims of dual family pension (in addition to the first family pension) would have to be restricted from 24.09.2012, as already provided by Ministry of Defence letter dated 17.01.2013 (supra). fully settled, including by Constitutional Courts, there is no scope or occasion to doubt the correctness of the earlier decision of this Tribunal in Bhani Devi's case. It thus lays down the correct legal pro 3. The aforesaid decision of the larger Bench of AFT has been upheld by Hon’ble the Supreme Court in 2025 (O&M) Chattar Pal by the Hon'ble Supreme Court wherein the Respondents themselves have accepted the applicability of condonation up to one year for personnel of Defence Security Corps, by the Hon'ble High Courts of Delhi and Punjab &Haryana in Madan Singh and Mani Ram respectively and also by this tribunal in Bhani Devi and Mohanan. T (s general applicability of condonation of shortfall upto one year by judicial intervention has also been settled by the Hon'ble Supreme Court in Surender Singh Pa condonation of shortfall in qualifying service upto 'one ye grant of pension shall also be available to the personnel of the Defence Security Corps (DSC). (ii) Clubbing point of reference (b) and (c), it is held that widows of defence personnel have the right to approach this Tribunal to claim pension or family pension in consequence to the claim of pension qua deceased employees which falls within the definition of "service matter" under the Act and this right is provided by Section 2(2) of the Armed Forces Tribunal Act, 2007. Though there is no applicabili wrongs and recurring causes of action, the arrears of pension, in the specific cases of condonation of shortfall, would however have to be restricted from 14.08.2001 as already directed in Paragraph 12 of Surender Singh Parma binding on us. Further, the claims of dual family pension (in addition to the first family pension) would have to be restricted from 24.09.2012, as already provided by Ministry of Defence letter dated 17.01.2013 (supra). (iii) In reference to Point (d), it is held that the law being fully settled, including by Constitutional Courts, there is no scope or occasion to doubt the correctness of the earlier decision of this Tribunal in Bhani Devi's case. It thus lays down the correct legal proposition of law. The aforesaid decision of the larger Bench of AFT has been by Hon’ble the Supreme Court in Union of India and Another Chattar Pal by the Hon'ble Supreme Court wherein the accepted the applicability of to one year for personnel of Defence Security Corps, by the Hon'ble High Courts of Delhi and Punjab &Haryana in Madan Singh and Mani Ram respectively and also by this tribunal in Bhani Devi and Mohanan. T (supra). The general applicability of condonation of shortfall upto one year by judicial intervention has also been settled by the Hon'ble preme Court in Surender Singh Parmar (supra). Therefore, condonation of shortfall in qualifying service upto 'one year' for grant of pension shall also be available to the personnel of the (ii) Clubbing point of reference (b) and (c), it is held that widows of defence personnel have the right to approach this mily pension in consequence to the claim of pension qua deceased employees which falls within the definition of "service matter" under the Act and this right is provided by Section 2(2) of the Armed Forces Tribunal Act, 2007. Though there is no applicability of limitation in continuing wrongs and recurring causes of action, the arrears of pension, in the specific cases of condonation of shortfall, would however have to be restricted from 14.08.2001 as already directed in Paragraph 12 of Surender Singh Parmar (supra) which is binding on us. Further, the claims of dual family pension (in addition to the first family pension) would have to be restricted from 24.09.2012, as already provided by Ministry of Defence nce to Point (d), it is held that the law being fully settled, including by Constitutional Courts, there is no scope or occasion to doubt the correctness of the earlier decision of this Tribunal in Bhani Devi's case. It thus lays down position of law.” The aforesaid decision of the larger Bench of AFT has been Union of India and Another Vs. Suresh Kumar 2025.05.26 13:46 I attest to the accuracy and integrity of this document CWP-9955-2025 Surender Singh Parmar shortfall period of 315 days for the purpo 15 years of service for grant of pension. 4. I and 21 days in qualifying service condoned by the AFT. 5. In view of the Petition is found to be without merits as the law is well settled in the case of Surender Singh Parmar condonation can be given if the person is discharged with servi 15 years. 6. In view of the above, no merit is found in the Writ Petition, accordingly the same is 7. All pending applications in this case accordingly. May 22, 2025 Ess Kay Whether speaking / reasoned Whether Reportable 2025 (O&M) Surender Singh Parmar ; (2015) 3 SCC 404 shortfall period of 315 days for the purpose of counting the total period of 15 years of service for grant of pension. In the present case, admittedly, in qualifying service of the respondent No.1 condoned by the AFT. In view of the aforesaid, the challenge, in the present is found to be without merits as the law is well settled in the case of Surender Singh Parmar (Supra) that up to one year, relaxation and condonation can be given if the person is discharged with servi In view of the above, no merit is found in the Writ Petition, accordingly the same is dismissed. All pending applications in this case [SANJEEV PRAKASH SHARMA [MEENAKSHI I. MEHTA 2025 Whether speaking / reasoned : Whether Reportable : (2015) 3 SCC 404, and directed to condone se of counting the total period of n the present case, admittedly, the short fall is of 07 months of the respondent No.1 which has been he challenge, in the present Writ is found to be without merits as the law is well settled in the case of (Supra) that up to one year, relaxation and condonation can be given if the person is discharged with service less than In view of the above, no merit is found in the Writ Petition, All pending applications in this case are disposed of SANJEEV PRAKASH SHARMA] JUDGE MEENAKSHI I. MEHTA] JUDGE : Yes / No : Yes / No Suresh Kumar 2025.05.26 13:46 I attest to the accuracy and integrity of this document