2 decades after AWOL soldier’s discharge on medical grounds, widow gets remaining salary along with pensionary benefits

Vijay Mohan

Chandigarh, May 5

About two decades after her husband was discharged from the Army on medical grounds and for remaining absent without leave, his widow has been granted part of the soldier’s salary along with post-retiral pensionary benefits following judicial intervention by the Armed Forces Tribunal.

The Tribunal’s Bench observed that the soldier was enrolled in the Army in December 1981 and call up order was issued by the Records Office in August 2002 to discharge him from service on January 31, 2003. However, due to his absence from October 29, 2002 to April 9, 2003, the call up order was cancelled in February 2003.

In October 2000, he had been diagnosed with ‘persistent delusional disorder’, and was unwilling to continue further service as he was not granted any sheltered appointment by the Army.

He again absented himself without leave while carrying pension documents for obtaining signatures of next of kin and was again declared a deserter in May 2003. He voluntarily rejoined duty on January 20, 2005.

The soldier’s unit approached the Records Office to take up the case to condone the retention period beyond January 31, 2003 and as advised by the Records Office in February 2006, he was locally discharged from service on April 18, 2006. 

A statement of case for regularisation of period of irregular retention beyond the terms of engagement was forwarded to higher authorities but despite huge official correspondence between the unit, Records office and Army Headquarters, the case for regularisation of irregular retention beyond contractual terms of engagement from January 2004 to April 2006 could not be finalised.

Due to this, neither salary of irregular retention period was released to the soldier, nor service pension was granted.

He died in August 2022 without getting service pension even though he has rendered about 22 years of qualifying pensionable service. 

The Tribunal’s Bench comprising Justice Anil Kumar and Maj Sanjay Singh held that the soldier had completed pensionable service and after deducting non qualifying service period, including the duration of absent without leave and adjusting earlier payments, he was entitled to service pension from the next date of his discharge from service as per rules.

Directing the Army to pay full pay and allowances of the soldier for the period from January 21, 2005 to April 18, 2006, for which he was retained in service, the Bench further directed grant of service pension and all consequential benefits to the soldier from discharge till the date of his death and thereafter grant family pension to the widow for life.

In accordance with the Tribunal’s directions, the widow will be now be eligible to receive the complete amount of arrears of salary for the aforementioned period, service pension and consequential benefits.