Pension to ex-servicemen apply from date of discharge: HC

CHANDIGARH: In an order having wide ramifications for pension cases of military veterans, Punjab & Haryana HC has made it clear that pensioners would be entitled to benefits from date of discharge from service, not from date of a court/tribunal order awarding the pension benefits.

Allowing a plea by ex-serviceman Jaspal Singh , a bench of justices Sureshwar Thakur and Sudeepti Sharma quashed an order by Armed Forces Tribunal , Chandigarh, awarding pension benefits to petitioner from the date of its order, i.e., April 5, 2019.

Court ruled that petitioner was entitled to service pension "from the date whereon the same accrued to him, along with 7% annual interest".

The petitioner, who had joined Army's Corps of Signals on Nov 4, 1986, was declared a deserter from April 11, 2003, after he overstayed his casual leave, and was dismissed from service under the Army Act. Singh approached AFT in 2013, seeking directions to grant him service pension as he had completed the number of years of service required for pension.

AFT, in its April 2019 order, converted his dismissal to discharge from service with pension, but held he was entitled to benefits from date of its order as he had approached the tribunal after seven years from the date of dismissal.

Aggrieved by the AFT order, Singh moved HC. His advocate Rajesh Sehgal argued that once the tribunal had held the petitioner was entitled to pension, the same should be given to him from the date of discharge and not from the date of passing of the order by AFT.

Agreeing with the contention, the bench said: "Upon the verdict of dismissal from service being converted into a verdict of discharge from service, the said substitution is also to be readable from the date of the passing of the order of dismissal/discharge. In sequel, the said date becomes the relevant date for the consequent benefits of pension becoming accorded to him."