Gauhati High Court Confirms Second Pension for DSC Veteran Following Supreme Court Clarification

The Gauhati High Court has affirmed a decision by the Armed Forces Tribunal (AFT), mandating the government to sanction a second pension for a retired Defence Security Corps (DSC) veteran. This comes despite the veteran being 10 months and two days short of the requisite service period.

This ruling followed the withdrawal of an appeal by the Central government, which aligned with a recent Supreme Court of India verdict supporting ex-servicemen who seek leniency for minor service shortfalls in pension eligibility.

The case was heard by a bench consisting of Chief Justice Ashutosh Kumar and Justice Arun Dev Choudhury. The petition was originally filed by the Centre against Manoranjan Ozah, a retired DSC personnel from Assam’s Nagaon district.

Ozah's career began in the Indian Army as an electrical mechanical engineer, retiring in 2001. He subsequently joined the Defence Security Corps in 2005, serving there until March 2019.

Upon completing his tenure with the DSC, he had accrued 14 years, one month, and 28 days of service, just shy of the 15-year threshold required for a second pension.

The Defence authorities had initially refused pension benefits to Ozah, citing that allowing this would result in “dual benefits” as he was already receiving a pension from his previous Army service.

However, the Armed Forces Tribunal ruled in favor of Ozah, instructing the authorities to overlook the shortfall in accordance with Regulation 125 of the Pension Regulations for the Army, 1961. It also ordered a revision of the Pension Payment Order and the release of arrears.

In the High Court proceedings, the Centre indicated that it no longer wished to pursue the petition following the Supreme Court’s recent judgment in the Union of India vs Balakrishnan Mullikote case.

The Supreme Court had clarified that personnel with a service shortfall of one year or less are eligible for condonation under pension regulations. Additionally, it stated that a second pension earned through DSC service constitutes a separate entitlement from the initial Army pension.

Acknowledging the Supreme Court's decision, the Gauhati High Court dismissed the Centre’s petition as "not pressed."

Legal experts have remarked that this judgment could significantly impact many former soldiers in the Defence Security Corps, who have previously been denied second pensions due to slight service deficiencies despite their long-standing military service.