Chandigarh, June 7: In a significant ruling, the Armed Forces Tribunal (AFT) has sanctioned reservist pension to Gurpal Singh, an 80-year-old ex-serviceman from Kharar, nearly 55 years after his discharge from the Sikh Regiment, citing principles of justice and promissory estoppel.
Singh, who joined the Army in 1961 and was discharged in 1970 after completing nine years of regular service, was previously denied pension on grounds that he was not permitted to serve the full 15 years—seven years of regular service and eight years in reserve—as per his terms of engagement. His early discharge was reportedly due to non-availability of vacancies in the reserve pool.
His case, taken up by the Ex-Servicemen’s Grievances Cell, Mohali, was filed before the Chandigarh Bench of the AFT in 2018. Initially, the Army contended that old service records were unavailable, but later submitted the long service roll during court proceedings. The AFT also condoned the delay in filing the petition, considering the merit of the claim.
Col SS Sohi (retd), president of the grievances cell, said Singh had altered his position based on a representation made by the Army and could not be denied pension later on technical grounds. “The Army was duty-bound to let him complete 15 years. They cannot take a different stand now,” he said.
The AFT Bench upheld Singh’s right under the principle of promissory estoppel, observing that a person who accepts service terms based on a promise of 15 years of service cannot be penalised for an early discharge beyond his control.
The tribunal directed the issuance of a pension payment order within three months, granting Singh reservist pension from the date of discharge, though arrears will be limited to three years prior to the date of filing the petition, in accordance with legal norms.
The case has been hailed as a victory for long-suffering veterans who are often denied benefits due to procedural gaps or administrative neglect.
