The Punjab and Haryana High Court has ruled that pensions for ex-servicemen should start from their discharge from service. The decision came after several petitions were filed by retired military personnel who faced delays and inconsistencies in receiving their pension benefits. The court emphasized that any deviation from this rule would be unfair to the ex-servicemen and go against the principles of fair treatment and dignity.
The ruling directs defense and pension authorities to process and disburse pensions from the date of discharge. Veterans and their families have welcomed the decision, calling it a just recognition of their service and sacrifices. They hope this ruling will streamline pension procedures and eliminate bureaucratic hassles that often cause undue delays.
The verdict is expected to impact thousands of ex-servicemen across India, providing them with financial security and upholding their post-service rights. In another case, the Punjab and Haryana High Court upheld a woman’s right to a liberalized family pension after her husband, an ex-Naik, died while assisting in extinguishing a forest fire near the Indo-China border in 2009.
Pensions to start from discharge
The court, however, did not interfere with an order that limited the pension arrears to three years before the filing of her petition due to a significant delay in initiating the claim. The Union of India argued that the petition should have been filed in the Himachal Pradesh High Court, where the cause of action arose. However, the Bench rejected this objection, noting that the impugned order originated from proceedings in Chandigarh, giving the Punjab and Haryana High Court authority over the matter.
The court reviewed government policies regarding death and disability benefits. It affirmed the classification of the ex-Naik’s death under category ‘D,’ which applies to personnel fatalities during assistance in civil matters like natural disasters. In a separate case, the Punjab and Haryana High Court dismissed the plea of an army officer’s widow seeking a liberalized family pension beyond the stipulated three-year period. The application, filed over a decade after the officer’s death, was rejected due to significant delay and laches.
The plea was submitted by the widow of Naik Surinder Kumar, who suffered fatal injuries during a firefighting operation near the Indo-China border in 2009. The Court determined that the situation fell under Category “D” of the Government policy, as the officer’s death occurred while aiding civil administration amid a natural calamity, and dismissed the plea.
