UNION OF INDIA & ANR versus SURENDER SINGH PARMAR

Citation: [2015] 1 S.C.R. 930 · Decided: 20-01-2015 · Supreme Court of India · Bench: S. J. MUKHOPADHAYA · Disposal: Disposed off

Judgment (excerpt)

A 
B 
[2015] 1 S.C.R. 930 
. UNION OF INDIA & ANR. 
v. 
SURENDER SINGH PARMAR 
(Civil Appeal No. 9389 of 2014) 
JANUARY 20, 2015. 
[SUDHANSU JYOTI MUKHOPADHAYA AND 
N.V. RAMANA, JJ.] 
Navy (Pension) Regulations, 1964: Regulation 82(a) -
C Condonation of shortfall of pensionable service - Minimum 
qualifying period for pensionable service was 15 years - In 
the Regulations, condonation of shortfall of service was 
permissible for 1 year - Service rendered by respondent for 
13 years 10 months and 13 days - Retirement soilght on 
D compassionate ground - Respondent claimed benefit under 
the Regulations and benefit of rounding off the period of 
service in terms of Government of India Instructions dated 
30th October 1987 - Held: Instructions dated 30th October, 
1987 provided that in calculating the length of qualifying 
E service fraction of a year equal to three months and above 
but less than six months shall be treated as a completed one 
, 
half year for reckoning qualifying service - In view of these 
provisions, the respondent is entitled to claim total period of 
service as 14 years for the purpose of calculation of pension 
F - By Government of India order dated 14th August, 2001, 
administrative power has been delegated to the competent 
authority to condone shortfall in qualifying service for grant 
of pension beyond six months and upto 12 months - In view 
of the said provision, the respondent is entitled to claim for 
G condonation of shortfall in qualifying service for grant of 
pension beyond six months and upto 12 months - Tribunal 
rightly declared that the respondent's shortfall in service stood 
condoned - Service law - Pension. 
H 
930 
UNION OF INDIA & ANR. v. SURENDER SINGH 
PARMAR 
Disposing of the appeal, the Court 
931 
HELD: Government of India, Ministry of Defence 
instructions dated 30th October, 1987 at clause 5 
provides that in calculating the length of qualifying 
service fraction of a year equal to three months and 
above but less than six months shall be treated as a 
completed one half year for reckoning qualifying service. 
In view of the said provisions the respondent is entitled 
to claim total period of service as 14 years for the purpose 
A 
B 
of calculation of pension. By Government of India, 
C 
Ministry of Defence order dated 14th August, 2001 
administrative power has been delegated to the 
competent authority. Under clause (a)(v) the competent 
authority has been empowered to condone shortfall in 
qualifying service for grant of pension beyond six months 
and upto 12 months. In view of the said provision, the 
D 
respondent is also entitled to claim for condonation of 
shortfall in qualifying service for grant of pension beyond 
six months and upto 12 months. There is no ground to 
interfere with the substantive finding of the Tribunal. 
However as the respondent was allowed to retire from 
E 
service on 24th June, 1985 when the instruction dated 
14th August, 2001 was not in existence, the respondent 
is entitled for such benefit from such date on which the 
said instruction came into effect. The Tribunal failed to 
notice the said fact but rightly declared that the 
respondent's shortfall in service stood condoned. [Paras 
7, 8 and 9] [935-D; 936-A-B, D-F] 
CIVIL APPELLATE JURISDICTION : Civil Appeal No. 
9389 of 2014. 
· 
From the Judgment and Order dated 19.11.2013 of the 
Armed Forces Tribunal, Principal Bench, New Delhi in Original 
Application No. 401 of 2013. 
F 
G 
H 
932 
SUPREME COURT REPORTS 
[2015) 1 S.C.R. 
A 
R. Balasubramanian, Sadhna Sandhu, B. V. Balaram Das 
B 
for the Appellants. 
Sukhjinder Singh, Alok Gupta for the Respondent. 
The Judgment of the Court was delivered by 
SUDHANSU JYOTI MUKHOPADHAYA, J. 1. The 
appellants have preferred this appeal against orders dated 19th 
November, 2013 and 5th March, 2014 passed by the Armed 
Forces Tribunal, Principal Bench at New Delhi in O.A. No.401 
c of 2-013 and R.A No.11 of 2014 with M.A No.120 of 2014 in 
O.A. No.401 of 2013 respectively. By the impugned order dated 
19th November, 2013, the Tribunal allowed the original appeal 
filed by the respondent and held that the respondent rendered 
actual service to the extent of 14 years by rounding off, which 
D makes him eligible for consideration of condonation of shortfall 
of pensionable service of one year and in view of striking off 
of Rule 82(a) the respondent cannot be denied the benefit of 
condonation of shortfall in service on the ground that he took 

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