Chennai: The regional bench of the armed forces tribunal, Chennai, has directed the Indian Army to grant a pension to an ex-serviceman who took part in the 1965 Indo-Pak war and was relieved from service prematurely in 1970.
In the petition, Chengaiah of Cuddapah district, Andhra Pradesh, submitted that he was enrolled in the Indian Army as a sapper on July 12, 1963.
In the 1965 Indo-Pak war, he fought against Pakistan at Sialkot in Pakistan.
Chengaiah was conferred with the Samar Seva medal (war medal) 1965 and the Assam medal. He was moved to MEG Records in 1970.
Claiming that there was no vacancy in the reserve service, Chengaiah was discharged by the officer-in-charge, MEG Records and commanding officer, engineer group.
However, Chengaiah, contended that the authorities had relieved him even though there was a vacancy.
Chengaiah stated that he was inducted on the promise of seven years colour service and eight years in reserve service.
As a result of premature discharge, he was unable to complete 15 years of service, a minimum period eligible for receiving pension.
Hence, he filed the petition, praying that the tribunal set aside the impugned order and direct the Army to grant a service pension.
Contending that the application was not maintainable, the Army replied that Chengaiah was discharged from service on November 7, 1970 since there was no vacancy.
He had filed the petition after 43 years’ delay.
The bench, comprising judicial member, Justice V. Periya Karuppiah, and administrative member Anand Mohan Verma, observed that the failure to transfer him to reserve service would amount to withdrawal of promise made at the time of enrolment.
Hence, the authorities shall consider that the applicant was deemed to have continued in service till the end of the reserve period.
He would be entitled to pension from a period of three years before filing the petition and the pension order shall be issued within three months.
