The Centre had challenged the May 2022 order passed by the AFT, relaxing the minimum service period for qualifying the respondent for the grant of pension. (AI-generated image)The Gauhati High Court has upheld an Armed Forces Tribunal (AFT) order to grant pension benefits to a former Army personnel who fell short of the mandatory 15-year service period, noting that it is a bit surprising that such interference was made by the tribunal even when the respondent had approached it after 33 years of his discharge.A division bench of Chief Justice Ashutosh Kumar and Justice Arun Dev Choudhury was dealing with a plea of the Centre challenging the AFT decision to grant pension to a former Army personnel.“Though we are a bit surprised that such interference was made by the tribunal even when the respondent had approached it after 33 years of his discharge, considering the fact that the shortfall is condonable and that the respondent is now at the fag end of his life, we do not wish to interfere with the order passed by the tribunal,” the court said on May 27. Chief Justice Ashutosh Kumar and Justice Arun Dev Choudhury heard the matter on May 27.The order added that it appears that after 33 years of his discharge, the respondent had approached the authorities for a grant of pension, which was rejected.Also Read | Wife admits to affair in mutual divorce case, court revokes Rs 10 lakh alimonyClaim and court’s reasoning for pension grantHe approached the AFT, claiming that the shortfall in his service for the grant of a pension benefit ought to be condoned.The tribunal, relying on the decision of the Supreme Court in Union of India and Anr Vs Surinder Singh Parmar, condoned the shortfall and directed the grant of pension to the respondent, but restricted the payment of arrears only from three years before the date of filing of the Original Application before the tribunal.Advocate Choudhury has submitted that the facts of the case of Surinder Singh Parmar are distinguishable from the present case because it dealt with the Navy Pension Regulation.The Army Pension Rules are governed by the relevant Regulation (paragraph 125), which explicitly prohibits condonation of shortfall for persons discharged at their own request.We have examined paragraph 125 of the Regulations, wherein there is no such explicit proscription in condonation of the shortfall in the period of service for the grant of pension to a discharged employee.Voluntary discharge, legal battleThe Centre challenged the May 2022 order passed by the AFT, relaxing the minimum service period for qualifying the respondent for the grant of pension. It has been directed that the respondent be paid pension within three months from the date of passing of the order by the tribunal, and since the order was being passed after 33 years of his discharge from service, the arrears would be restricted to three years before the date of filing of the Original Application, i.e., June, 2020.Also Read | Wildlife study first, tree felling later: Court closes PIL against Rs 5,729-crore Guwahati Ring Road projectThe respondent, former Naik Sharani Gogin, joined the Indian Army in 1973 and was discharged on June 30, 1987, at his own request, after completing 13 years, 11 months, and six days of service. He sought voluntary discharge because of some domestic problems.Under the Pension Regulations for the Army, 1961, the minimum qualifying service for pension is 15 years. Since he fell short of the qualifying period of service, he was not granted any pension at the time of his discharge.Story continues below this adRepresenting the state, Senior Advocate and Deputy Solicitor General of India R K D Choudhury submitted that no reason has been assigned by the tribunal for such condonation after 33 years of the discharge of the respondent.Jagriti Rai works with The Indian Express, where she writes from the vital intersection of law, gender, and society. Working on a dedicated legal desk, she focuses on translating complex legal frameworks into relatable narratives, exploring how the judiciary and legislative shifts empower and shape the consciousness of citizens in their daily lives. Expertise Socio-Legal Specialization: Jagriti brings a critical, human-centric perspective to modern social debates. Her work focuses on how legal developments impact gender rights, marginalized communities, and individual liberties. Diverse Editorial Background: With over 4 years of experience in digital and mainstream media, she has developed a versatile reporting style. Her previous tenures at high-traffic platforms like The Lallantop and Dainik Bhaskar provided her with deep insights into the information needs of a diverse Indian audience. Academic Foundations: Post-Graduate in Journalism from the Indian Institute of Mass Communication (IIMC), India’s premier media training institute. Master of Arts in Ancient History from Banaras Hindu University (BHU), providing her with the historical and cultural context necessary to analyze long-standing social structures and legal evolutions. ... Read More Tags:Army pensionGauhati High Court