55 yrs after discharge, 80-yr-old ex-serviceman gets pension

About 55 years after he was discharge from the Army, an 80-year-old ex-serviceman has been sanctioned pension after judicial intervention ofthe Armed Forces Tribunal (AFT). Gurpal Singh, a resident of Kharar, had joined the Sikh Regiment in 1961 and was discharged in 1970 after completion of nine year’s regular service.

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According to the terms of engagement, he was required to complete seven years of regular service and be on reserve service for the next eight years, but was not permitted to continue on account of non-availability of vacancies and discharged without pension.

His case was taken up by the Ex-Servicemen’s Grievances Cell, Mohali, and a case was filed before the Chandigarh Bench of the AFT in 2018. The Army initially cited non-availability of old records, but later produced a service long roll. After vehement arguments, the AFT also condoned the delay in filing the case.

Speaking to mediapersons here today, Col SS Sohi (retd), president of the cell, said that the Army was duty bound to permit the soldier to complete service for 15 years as he had changed his position pursuant to a representation made by them. They could not take a different stand later to deny him the benefit of pension.

The AFT’s Bench observed that it was evident that a person who is engaged on the basis of a representation that he would be made to serve for 15 years, but subsequently discharged earlier on account of non-availability of vacancy, is entitled to the benefit of principle of “promissory estoppel”.

Ruling that the petitioner is entitled to grant of reservist pension from the date of his discharge, the Bench gave directions that his pension payment order be issued within three months, though the arrears for the same would, as per law, be restricted to three years prior to the date of filing the petition.