Haryana: ‘War service counts double’: AFT grants lifelong pension to WWII veteran’s widow

The order was passed on September 3, in a case filed by Brahma, widow of late Sepoy Chand Ram in 2021, the applicant challenged the rejection of her claim for her late husband’s service pension

In a significant ruling, the Armed Forces Tribunal (AFT) has directed the Union government to grant a lifelong family pension to the widow of a World War II veteran, invoking a decades-old rule that counts wartime service twice for pension calculations.

The authorities were directed to implement the order within three months, with arrears carrying 6% annual interest, rising to 8% for any delay beyond the stipulated period. (HT File)

The order was passed on September 3, in a case filed by Brahma, widow of late Sepoy Chand Ram in 2021. The applicant challenged the rejection of her claim for her late husband’s service and family pension.

According to the judgment, Chand Ram was initially enrolled in the Indian Army on June 16, 1941, and discharged on May 5, 1947, after completing nearly six years of service. He was subsequently re-enrolled in the Army Ordnance Corps on December 21, 1948, and discharged in December 1954 after serving for nearly six years.

The tribunal noted that Chand Ram had served during World War II. His service from June 16, 1941, to September 2, 1945, fell within the World War II period and amounted to four years, two months and 17 days. Referring to a ministry of defence letter dated April 30, 1951, the tribunal held that this period was required to be counted double for pensionary benefits.

After applying the benefit, the tribunal calculated Chand Ram’s total qualifying service at approximately 16 years and 18 days, exceeding the minimum 15 years required for service pension under the applicable pension regulations.

The respondents argued that the soldier’s original service records had been weeded out in 2016 and that available records showed only his later service in the Army Ordnance Corps. They also contended that the widow’s application, filed decades after his discharge and death, was barred by delay and limitation.

However, the tribunal observed that the respondents had not disputed the first spell of service. It also took into account a 2026 letter from the JAT Regimental Records confirming Chand Ram’s service from June 16, 1941, to May 5, 1947.

The Tribunal set aside the rejection letter dated August 29, 2020, and directed the authorities to notionally calculate the deceased soldier’s service pension and issue a pension payment order (PPO) for the widow’s family pension.

While no arrears of the late soldier’s service pension were ordered, family pension arrears were restricted to three years preceding the filing of the application on January 4, 2021. The authorities were directed to implement the order within three months, with arrears carrying 6% annual interest, rising to 8% for any delay beyond the stipulated period.