UNION OF INDIA v. BALAKRISHNAN MULLIKOTE (EX HAV 256812 M)
Condonation of Shortfall and Rounding Off Benefits for Second Service Pension in Defence Security Corps - Executive Letters Cannot Override Statutory Pension Regulations.
Court: Supreme Court of India
Citation: 2026 INSC 286
Decision Date: 24-03-2026
List of Laws
Pension Regulations for the Army, 1961; Pension Regulations for the Army, 2008; The Army Act, 1950; The Army Rules, 1954; Constitutional Law - Article 14 and Article 300A; Administrative Law - Executive Instructions vs. Statutory Regulations
- Facts: The respondents are former personnel of the Regular Army who subsequently re-enrolled in the Defence Security Corps (DSC). Upon their second discharge from the DSC, they sought a second service pension. However, their service in the DSC fell short of the mandatory fifteen-year qualifying period by less than one year. The Union of India denied their pension claims, primarily relying on executive letters dated 20th June 2017 and 22nd March 2022, which barred the condonation of shortfall in qualifying service for a second spell of service in the DSC. The Appellants argued that condonation was intended only to ensure at least one pension, and since these individuals were already receiving a primary Army pension, they were ineligible for deficiency relaxation for a second pension.
- Procedural Posture: The Union of India filed a batch of Civil Appeals before the Supreme Court challenging various orders of High Courts and the Armed Forces Tribunal (AFT) which had consistently ruled in favor of the DSC personnel, granting them the benefit of rounding off service and condoning deficiencies in qualifying service.
- Issue: Whether the Ministry of Defence is bound to give effect to rounding off provisions (Paragraphs 9 and 18) and condonation of deficiency rules (Paragraph 125 of 1961 Regulations and Paragraph 44 of 2008 Regulations) while determining the pension eligibility of DSC personnel, and whether executive letters can override these statutory regulations to bar a second service pension.
- Holding: Yes, the Ministry is bound by the Regulations. The Court held that DSC personnel are entitled to the rounding off of service and condonation of shortfall up to one year for the purpose of a second service pension. The Court further held that the Government cannot amend or override clear statutory Pension Regulations through executive letters or administrative fiats.
- Reasoning: The Court reasoned that DSC is a "Corps" of the Indian Army under the Army Act, 1950, and its personnel are "Armed Forces personnel". Paragraph 266 of the 1961 Regulations and Paragraph 173 of the 2008 Regulations explicitly state that pensionary rules applicable to the Regular Army apply to DSC personnel unless specifically inconsistent. The Court found no such inconsistency. It applied the principle of "incorporation by reference" to extend the benefit of condonation to the DSC. Furthermore, the Court observed that pension is a "vested and enforceable right" and "property" under law, not a bounty. Therefore, once the Regulations provide for condonation, the executive cannot stipulate exceptions via letters. The Court distinguished the case of Ex Sep. Chattar Pal as it involved discharge due to indiscipline rather than voluntary discharge.
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