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Supreme Court of India 2026-03-24 dismissed

Union of India & Ors vs Balakrishnan Mullikote (Ex Hav 256812 M)

Bench: 2 — Manmohan, Manoj Misra

In Brief

The Supreme Court held that Defence Security Corps (DSC) personnel are entitled to condonation of deficiency in qualifying service for second service pensions, just like regular Army personnel. Ex-servicemen re-employed in DSC who fell short of the 15-year service requirement by less than one year sought pension relief. The Court ruled that statutory pension regulations permitting condonation up to 12 months apply equally to DSC personnel. Government circulars of 2017 and 2022 denying such condonation cannot override the statutory regulations. The Court affirmed DSC personnel are part of the Armed Forces and entitled to the same beneficial pension provisions. Appeals were dismissed and respondents declared entitled to condonation and second service pension.

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Armed Forces Law Military Pensions Administrative Law Constitutional Law - Right to Property Social Security Statutory Interpretation

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