Pension Regulations For Army Applicable To Defence Security Corps Service, Delhi HC Allows Condonation Of Shortfall In Service For Pension Benefits

The Delhi High Court ruled that the Pension Regulations for the Army, 1961, are applicable to the Defence Security Corps (DSC) service. This decision came while addressing a writ petition where the court allowed the condonation of a shortfall in service for pension benefits. The case involved an employee who served in the Indian Army for 23 years and later joined the DSC, serving for 14 years, 2 months, and 21 days. Despite falling short by 280 days for the DSC pension eligibility, the Armed Forces Tribunal condoned this shortfall based on Paragraph 125 of the Pension Regulations, which allows for up to 12 months of shortfall to be condoned. The Union of India challenged this decision, arguing that the DSC is distinct from the Indian Army and should not be subject to the same pension regulations. However, the court upheld the Tribunal's decision, emphasizing that the provisions for condonation of shortfall in service under the Pension Regulations are applicable to DSC personnel as well.