Court dismisses Union of India's plea to defer judgment pending Supreme Court decision, reinforcing reliance on settled law for pension benefits.
In a significant decision, the Punjab and Haryana High Court has dismissed a writ petition filed by the Union of India, which sought to defer a decision on pension condonation pending a Supreme Court judgment. This case involves Ex-Naik Kashmir Singh, who served in the Defense Security Corps (DSC) and was seeking condonation of a shortfall in his qualifying service for pension purposes.
The court, presided over by Justices Harsimran Singh Sethi and Vikas Suri, reaffirmed the principles established in the case of "Smt. Shama Kaur v. Union of India," which allows for the condonation of up to 12 months in qualifying service for pension eligibility. The judgment emphasized that High Courts should not delay decisions due to pending Supreme Court cases unless specifically instructed otherwise.
The Union of India argued that the case should await the outcome of a pending Supreme Court review, citing an interim order in a related matter. However, the court reiterated the Supreme Court's guidance that High Courts must proceed based on existing settled law. The court noted that the pending Supreme Court case involved different circumstances, as it dealt with condonation beyond one year, which was not applicable here.
Ex-Naik Kashmir Singh, who had rendered 14 years, six months, and four days of service, was entitled to pension benefits despite the shortfall, as the issue was covered by the established precedent. The court concluded that there was no basis for interference, dismissing the petition and upholding the Tribunal's decision to grant pension benefits.
This judgment reinforces the importance of adhering to settled legal precedents and provides clarity for similar cases, ensuring timely pension benefits for eligible veterans.
Bottom Line:
Armed Forces - Service pension - Condonation of shortfall in qualifying service - Benefit of condonation of shortfall of service period up to 12 months in qualifying service can be granted for the purpose of pension as per settled law and prior judgments, even if a related matter is pending adjudication before the Hon'ble Supreme Court. High Courts must decide matters based on existing settled law unless specifically directed otherwise by the Supreme Court.
Statutory provision(s): Armed Forces Tribunal Act, Service pension regulations.
Union of India v. Ex. Naik Kashmir Singh, (Punjab And Haryana)(DB) : Law Finder Doc Id # 2836295
