Searching Case Laws & Precedent on Legal Query.....!
Analysing the retrieved Case Laws
Scanned Judgements…!
Searching Case Laws & Precedent on Legal Query.....!
Analysing the retrieved Case Laws
Scanned Judgements…!
Regulation 129 and 130 of the Army Pension Regulations 2008 are not explicitly detailed in the provided sources. However, the sources focus extensively on other related regulations, particularly Regulation 173, 182, 183, 187, 189, 192, 196, 198, 213, 223, 292, and 316, which govern various aspects of pension entitlements, disability pensions, and service conditions for Army and Territorial Army personnel.
Main Points and Insights:
Constitutionality and Applicability: Some petitions challenge the constitutionality of provisions like Paragraph 47 of the 2008 Regulations, but courts have generally upheld their validity, emphasizing that these regulations are subordinate legislation aligned with Army Act provisions ["PREMADASAN A (EX-NK 10165276 W) vs UNION OF INDIA, REPRESENTED BY THE SECRETARY TO GOVERNMENT (DEFENCE), MINISTRY OF DEFENCE NEW DELHI - Kerala"].
Analysis and Conclusion:
References:- ["UNION OF INDIA TH SECRETARY MINISTRY OF DEFENCE NEW DELHI AND OTHERS vs KAMLA DEVI - Jammu and Kashmir"]- ["Pani Ram VS Union of India - Supreme Court"]- ["The Union of India, Rep. by the Secretary, Ministry of Defence, Govt. of India, South Block, New Delhi 110 011 vs Rank-EX-Lnk (TS) A Muthu - Madras"]- ["Ex Nk (TA) Amrita Nand Badola vs UOI ,COAS,Addi. Diretortor ,Gemeral Territoriya Army OHQ of Mo D(Amry) L block Church raod,Senior Recoreds Officer Rajput … - Armed Forces Tribunal"]- ["Ex Nk (TA) Amrita Nand Badola vs UOI ,COAS,Addi. Diretortor ,Gemeral Territoriya Army OHQ of Mo D(Amry) L block Church raod,Senior Recoreds Officer Rajput … - Armed Forces Tribunal"]- ["Nandakumar J. v. Union of India - Kerala"]- ["PREMADASAN A (EX-NK 10165276 W) vs UNION OF INDIA, REPRESENTED BY THE SECRETARY TO GOVERNMENT (DEFENCE), MINISTRY OF DEFENCE NEW DELHI - Kerala"]- ["Ex Nk (TA) Amrita Nand Badola vs UOI ,COAS,Addi. Diretortor ,Gemeral Territoriya Army OHQ of Mo D(Amry) L block Church raod,Senior Recoreds Officer Rajput … - Armed Forces Tribunal"]
In the complex world of military pensions, understanding specific regulations is crucial for veterans, families, and legal practitioners. A common query arises: What do Regulation 129 and 130 of the Army Pension Regulations 2008 entail? While these provisions are pivotal for pension entitlements, their direct interpretation often hinges on broader judicial principles due to limited explicit case law. This post delves into the available analysis, drawing from analogous regulations and constitutional benchmarks to provide clarity.
Pension rights for armed forces personnel are not just administrative matters; they embody principles of fairness, service recognition, and constitutional protections. Courts consistently emphasize liberal interpretations favoring personnel, especially in disability and service-related claims. Let's break this down step by step.
A thorough review of key legal documents reveals no explicit mention or detailed judicial discussion of Regulations 129 or 130 of the Army Pension Regulations 2008. This gap means specific provisions—potentially related to pension computation, eligibility, or conditions—cannot be pinpointed without the regulation text itself. However, this does not leave claimants without recourse. Courts apply overarching principles from similar regulations to ensure consistency. Union of India VS Abhiram Verma - 2021 7 Supreme 166
For instance, past judgments on Regulations 16(a) and 15(2) underscore that pension rules must align with natural justice and non-discrimination. Union of India VS Abhiram Verma - 2021 7 Supreme 166SOUREN PAL VS PRABHAT BOURI - 2016 0 Supreme(SC) 672Union of India VS Rajbir Singh - 2015 0 Supreme(SC) 124
Even without direct citations, Regulations 129 and 130 would likely fall under the same scrutiny as other pension provisions. Key tenets include:
Clarity and Non-Arbitrariness: Any rule altering entitlements must be explicit and not violate Article 14 (equality) or Article 39(d) (equal pay for equal work). Regulations restricting benefits cannot be vague or discriminatory. Lt Col Praval Peter Retd. VS Union of India - 2023 0 Supreme(Del) 3500Uma Kant Sadhav VS Union of India - 2023 0 Supreme(Del) 4427
Harmonious Interpretation: Courts read pension rules alongside statutes and the Constitution, resolving ambiguities in favor of the pensioner. Union of India VS Abhiram Verma - 2021 7 Supreme 166Ex-CFN Jagadish Chandra Mohanty @ Mohapatra VS Union Of India - 2022 0 Supreme(Ori) 76
Judicial Review: Provisions are subject to challenge if they deprive rights arbitrarily. This ensures fairness in application.
These principles are drawn from cases interpreting kindred regulations, providing a framework for Regulations 129 and 130.
To contextualize, consider similar provisions in the Army Pension Regulations, which share the 2008 framework or predecessors like the 1961 version (noted as substantially similar in some respects). Secretary, Government Of India VS Dharambir Singh - 2019 Supreme(SC) 1061
Regulation 125 allows condonation of shortfalls in qualifying service for pensions, applicable even to Defence Security Corps (DSC) personnel. In Bhani Devi (supra), courts held this provision extends to second service pensions despite shortfalls, such as 129 days. Nk (DSC GD) Sattar Hussain (Retd) (2982203-W) vs UOI,COAS,DSCR, Pin-901277,Manager, SBI CPPC Gomti Nagar (High Court Campus) Lucknow, UPUNION OF INDIA vs Ex Sep B Kannan - 2026 Supreme(Online)(Mad) 1564Ex Nk (DSC) Jamkhogin Kipgen (4352578 P) vs UOI,DDG DG DSC Gen Staff Br IHQ of MoD(A) West Block III RK Puram New Delhi 110066,SRO DSC Mill Road Burnecherry Kannur Kerala …Ex Nk (DSC) Jamkhogin Kipgen (4352578 P) vs UOI,DDG DG DSC Gen Staff Br IHQ of MoD(A) West Block III RK Puram New Delhi 110066,SRO DSC Mill Road Burnecherry Kannur Kerala …
It is the conceded position that the applicant was enrolled into DSC service on 07.03.2008 and discharged on 31.10.2022 and there is a shortfall of 129 days of service... Nk (DSC GD) Sattar Hussain (Retd) (2982203-W) vs UOI,COAS,DSCR, Pin-901277,Manager, SBI CPPC Gomti Nagar (High Court Campus) Lucknow, UP
This liberal stance suggests Regulations 129 and 130, if addressing service reckonability, would prioritize equity over strict computation.
Disability pensions dominate related jurisprudence. Regulation 173 (1961, akin to 2008) mandates pensions for disabilities attributable to or aggravated by service, presuming soundness at entry. Secretary, Government Of India VS Dharambir Singh - 2019 Supreme(SC) 1061EX. SEPOY VIPIN KUMAR VS UNION OF INDIA - 2009 Supreme(UK) 638
A person is entitled to disability pension only when it is found that he is invalided out of service on account of a disability which is attributable to or aggravated by military service. EX. SEPOY VIPIN KUMAR VS UNION OF INDIA - 2009 Supreme(UK) 638
Courts demand transparent Medical Board reasons if denying claims, often directing re-assessments. EX. SEPOY VIPIN KUMAR VS UNION OF INDIA - 2009 Supreme(UK) 638
Regulation 102(b) bars restoration of war injury pensions post-lump sum compensation unless reclassified as 'Battle Casualty,' but liberal interpretation prevails. Union Of India VS Colonel Shashi Thomas (IC 402104) (Retd), S/o. Lt Col. T. Thomas - 2024 Supreme(Ker) 805
The classification of an injury as a 'Battle Casualty' allows a military personnel to claim a war injury pension upon repayment of previously received compensation... Union Of India VS Colonel Shashi Thomas (IC 402104) (Retd), S/o. Lt Col. T. Thomas - 2024 Supreme(Ker) 805
Regulation 179 deems personnel invalided if disabled at retirement, granting full elements regardless of tenure. JAI SINGH VS UNION OF INDIA - 2005 Supreme(Del) 320
An individual retired/discharged... if found suffering from a disability attributable to or aggravated by military service... shall be deemed to have been invalided out of service and shall be granted disability pension... JAI SINGH VS UNION OF INDIA - 2005 Supreme(Del) 320
Regulation 185 ensures lifelong pensions if disabilities persist unmodified for 10 years. Shakti Devi VS Union Of India - 2006 Supreme(J&K) 3
These cases highlight 'causal connection' to duties—even on leave—and reject common risks as grounds for denial. Secretary, Government Of India VS Dharambir Singh - 2019 Supreme(SC) 1061Bhagu Ram VS Union of India - 2019 Supreme(Del) 296
Rules like Pension Regulation 223 and 213 address family pensions on in-service death. Smt. Munni Devi vs Union of India and Others Liberal approaches extend to leave periods, treating personnel as 'on duty.' Bhagu Ram VS Union of India - 2019 Supreme(Del) 296
Regulations 129 and 130 must conform to Articles 14 and 39(d), avoiding arbitrary deprivation. If they condition benefits, justifications must be robust. Challenges succeed on grounds of inconsistency with jurisprudence. Lt Col Praval Peter Retd. VS Union of India - 2023 0 Supreme(Del) 3500
Practically:- Veterans: Seek regulation texts via RTI or PCDA; challenge denials via Armed Forces Tribunal.- Shortfalls/Disabilities: Leverage condonation (Reg 125) or reclassification.- Interest and Arrears: Courts award 6-9% on delays. Shakti Devi VS Union Of India - 2006 Supreme(J&K) 3
Disclaimer: This analysis draws from general principles and is not specific legal advice. Consult a qualified lawyer for individual cases.
Stay informed on evolving military pension rights—justice for those who served.
Word count approximation: 1050
#ArmyPension #MilitaryPension #PensionRegulations
It is not in dispute that the other officers or enrolled persons working in the Territorial Army are entitled to disability pension under Regulation No. 173 read with Regulation No. 292 of Pension Regulations for the Army, 1961. ... He sought a disability pension under the Pension Regulations for the Army, 1961 (Regulations 173 & 292). ... As already discussed hereinabove, a conj....
Chapter 5 of the Pension Regulations for the Army, 1961 deals with Territorial Army. The Regulation No. 292 of the Pension Regulations for the Army, 1961 read thus: “292. ... It is not in dispute that the other officers or enrolled persons working in the Territorial Army are entitled to disability pension under Regulation No. 173 read with Regulation No. 292 of Pension#....
Pertinently, new pension regulations for the Army came into effect st from 1 July 2008. Further, the new pension regulations have not been adjudicated in Dharamvir Singh’s case. ... Pension Regulations for the Army 1961 Section III provides Disability Pensionary Awards. ... The applicable provision for disability pension under the current Pension Regulation for the army....
In Bhani Devi (supra), it was held that the provisions for condonation of shortfall in service under Regulation 125 of the Pension Regulations for the Army 1961 (Part I) are equally applicable to Armed Forces personnel serving in DSC making them eligible for grant of second service pension. ... It is the conceded position that the applicant was enrolled into DSC service on 07.03.2008 and discharged on 31.10.2022 and there is a shortfall of 129 days of service against ....
The Tribunal made reference to Regulation 102(b) of the Pension Regulations for the Army, 2008 (for short, the ‘Regulations’) and found that the restoration of war injury pension, on repayment of compensation already received became impermissible only when the compensation received is in lieu of war ... However, as the respondent had already availed lumpsum compensation for the disability-Mine Blast injury-and since the disablement as against Bronchial Asthma was asse....
Under Pension Regulation No.223 read with Regulation No.213 of the Pension Regulations Part I Army "if death occurs in service, 2008:DHC:1741-DB ... II of Pension Regulations Part-1 and note 1(c) on page 106 of Pension Regulations Part I. ... In this connection text of Para 271 of the Regulations for the Army 1987 Vol. 1 is reproduc....
The short ground to challenge the order passed by the Armed Forces Tribunal is that the Tribunal ignoring the mandate of the provisions as contained in Regulation 125 of Pension Regulations for the Army, 1961 (for short, “Regulations”) has directed condonation of shortfall in the qualifying period of ... Learned Additional Solicitor General of India referred to the provisions contained in Regulation 125 to submit that exercise of discretion to condone or not to condone, as conferred un....
Regulations 197 and 198 of Pension Regulations for the Army, 1961 read thus: "197. ... According to the petitioner, he was ineligible for invalid pension at the time of his invalidment due to the stipulation of 10 years minimum service period in Regulation 198 of the Pension Regulations for the Army, 1961, as existed at that time. ... No.130 of 2010 before the Tribunal, which was dismissed vide Annexure A3 order da....
In Bhani Devi (supra), it was held that the provisions for condonation of shortfall in service under Regulation 125 of the Pension Regulations for the Army 1961 (Part I) are equally applicable to Armed Forces personnel serving in DSC making them eligible for grant of second service pension. ... Para 44 of the Army Pension Regulations or be dealt with in terms of Government of India (Ministry of Defence) letter dated 20.06.2017, quoted para 44 of that....
In Bhani Devi (supra), it was held that the provisions for condonation of shortfall in service under Regulation 125 of the Pension Regulations for the Army 1961 (Part I) are equally applicable to Armed Forces personnel serving in DSC making them eligible for grant of second service pension. ... Para 44 of the Army Pension Regulations or be dealt with in terms of Government of India (Ministry of Defence) letter dated 20.06.2017, quoted para 44 of that....
Regulation 173 of the Pension Regulations for the Army, 1961, reads as under: “173. 7. Pension Regulations for Army, 1961, have now been substituted by Pension Regulations for the Army, 2008. Pension Regulations for Army, 1961 and Pension Regulations for the Army, 2008 are substantially same in respect of admissibility of disability pension.
(b) The question whether a disability is attributable to or aggravated by military service shall be determined under the rules in Appendix II.” For Army Personnel, the relevant provision is Regulation 48 (We have noted that the Pension Regulations for the Army, 1961 have been superseded by the Pension Regulation for the Army, 2008. (a) Unless otherwise specifically provided a disability pension consisting of service element and disability element may be granted to an officer who is invalided out of service on account of a disability which is attributable to or aggravated by....
13. Pension Regulation 173 of the Pension Regulations for Army is very clear. A person is entitled to disability pension only when it is found that he is invalided out of service on account of a disability which is attributable to or aggravated by military service. Rule 5 of the Entitlement Rules for Casualty Pensionary Awards, 1982 provide that the approach to the question of entitlement to casualty pensionary awards and evaluation of disabilities shall be based on the presumptions that individual is presumed to have been in sound physical and mental condition upon enterin....
5. Regulation 185 of the Army Pension Regulations reads as under:- If the disability is certified on the basis of an invaliding or resurvey medical board to be incapable of improvement disability pension shall be granted for a period of 10 years in the first instant.
( 8 ) REGULATION 179 of Pension Regulations for the Army, 1961 provides: An individual retired/discharged on completion of tenure or on completion of service limits or on completion of terms of engagement or on attaining the age of 50 years (irrespective of their period of engagement), if found suffering from a disability attributable to or aggravated by military service and recorded by Service Medical authorities, shall be deemed to have been invalided out of service and shall be granted disability pension from the date of retirement, if the accepted degree of disability i....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
